Long-Term Care Facilities

  • Holland & Knight's Healthcare & Life Sciences Team advises long-term care clients on all aspects of their operations, from transactions and taxation to compliance and litigation.
  • Our lawyers bring the in-depth experience and industry knowledge necessary to help you craft creative solutions to an ever-changing business and regulatory environment.
  • Our team includes former federal prosecutors, in-house lawyers and former general counsel for state and federal agencies regulating managed care.

Driven by a burgeoning senior population as the Baby-Boom generation ages, the U.S. senior living and long-term care industry is poised for unprecedented growth. Increasing demand for senior-friendly housing and healthcare services, growth and consolidation of service providers, and a complex regulatory environment present opportunities as well as challenges for this industry.

Whether you own or operate senior living communities, assisted living facilities, skilled nursing facilities, home health agencies, rehabilitation facilities, or hospices, Holland & Knight’s Healthcare Team has the in-depth experience and industry knowledge necessary to help you craft creative solutions and to succeed in this changing business and regulatory environment. As part of our commitment to exceptional client service, we respond quickly to your needs and give you direct access to the extensive experience of Holland & Knight attorneys from all of our practice areas when you need it.

Broad-Based Experience in Senior Living and Long-Term Care

We represent senior living and long-term care clients in a variety matters, including business transactions, litigation and dispute resolution, legislative, regulatory, and licensure matters and compliance issues.

Business Transactions

Do you need guidance through a merger or acquisition, a financing, or other complex business transactions? Choosing the right legal counsel is critical to your success and to the financial health of your business. Holland & Knight’s Healthcare Team has the industry-specific knowledge, experience, and client-focused commitment to protect your interests in negotiating, documenting, and successfully closing these transactions. We regularly represent senior living and long-term care clients in such matters as:

  • acquisition and development of senior living and long-term care facilities and related capital improvements, including required regulatory approvals
  • financing of senior living and long-term care facilities and providers, including complex financing structures and tax-exempt bond financing
  • tax planning for both for-profit and not-for-profit entities, including counseling related to the tax-exempt status of not-for-profit senior living and long-term care entities
  • negotiating, structuring, and drafting of management contracts, facility leases, construction contracts, and other service agreements, as well as development of residency contracts, admission agreements, staff policies, and other organizational and operational documents

Litigation and Dispute Resolution

If your business requires representation in litigation or dispute resolution, we have the knowledge and experience to protect your interests, whether you are facing a commercial or contract dispute, a governmental investigation, a labor relations dispute, a resident or "whistle-blower" complaint, or any kind of court or administrative agency proceeding. Our Healthcare Team includes seasoned attorneys, including former federal and state prosecutors and agency counsel, who have a wealth of experience and record of success in guiding our healthcare clients through the litigation process. Our Alternative Dispute Resolution Team consists of lawyers drawn from a wide range of practice areas who have substantive experience in advocating for clients in mediation and arbitration proceedings.

Legislative, Regulatory, and Licensure Matters

Our Healthcare & Life Science Team is committed to protecting your interests in licensure, regulatory, legislative, and public policy-making matters by drawing on our experience and knowledge regarding precisely how, where, and when to intervene on your behalf. We protect the interests of our senior living and long-term care clients by monitoring and lobbying federal and state legislative and rule-making initiatives that affect them, guiding them through the licensure process, and working with governmental agencies to resolve problems related to licensure, certification, and facilities regulation.

Compliance Issues

Rich industry experience combined with in-depth knowledge of the laws applicable to senior living and long-term care businesses have made Holland & Knight a legal counselor of choice for enabling clients to comply with the complex web of federal and state regulations that affect their transactions and day-to-day operations. We are dedicated to providing our clients with knowledge, tools, and practical solutions to enable them to develop a culture of compliance. We routinely assist our senior living and long-term care clients in complying with the wide range of laws that affect this industry, including HIPAA and state privacy and security laws, federal and state anti-kickback, fraud and abuse, and patient self-referral laws, Medicare and Medicaid laws and regulations, state insurance and licensure laws, employment laws, and the other federal and state laws that specifically regulate senior living and long-term care facilities.