Experience

Regulatory Compliance

  • Assist with preparation of documents to bring providers back into compliance and avoid termination based on alleged EMTALA violations.
  • Prepare documents and present defense regarding potential EMTALA violations to both Quality Improvement Organizations and the Office of Inspector General.
  • Routinely work with skilled nursing facility and assisted living providers to respond to survey deficiencies by assisting in drafting plans of correction, credible allegations of compliance and informal dispute resolutions material.
  • Present argument to the N.C. Department of Health Service Regulation penalty review committee on behalf of assisted living facilities.
  • Handle hearings before the Federal Office of Administrative Hearings and appeals to the Departmental Appeals Board on behalf of skilled nursing facility providers.
  • Assist hospital clients and nursing home clients faced with fast track termination of Medicare/Medicaid Certification by: preparing legal documents for filing in federal court to avoid termination from the Medicare and Medicaid program, negotiating with CMS to resolve matters without termination and meeting in person with Region IV representatives to negotiate on behalf of a skilled nursing home client.
  • Assist clients with submission to CMS and NC Tracks related to changes in ownership and changes in information. Address questions that have arisen regarding who is deemed an owner for the purpose of reporting information, necessary documentation in loan documents and calculating percentage ownership.
  • Prepare 855 revalidation documents on behalf of health care providers.

Licensure Litigation

  • Conducted hearing before the Board of Examiners for Speech Language Pathologists and Audiologists.
  • Assisted clients in responding to request for information to the Nursing Home Administrator Board.
  • Negotiated settlements with the N.C. Medical Board.

Certificate of Need

  • Argue pretrial motions and litigate cases involving operating rooms, acute care beds, skilled nursing beds, assisted living beds, hospice offices, hospital and skilled nursing renovation and expansion projects.
  • Provide extensive counseling on creative approaches for approval of projects involving relocations and sales of skilled nursing facilities, skilled nursing beds and assisted living beds.
  • Prepare no reviews, exempt from reviews, and material compliance requests for long-term care providers.

Management Counseling/HIPAA

  • Prepare HIPAA documents, forms, training materials, conduct training sessions on use of such documents, and best practices for nursing homes and assisted living facilities.
  • Prepare wide variety of general policy and procedure documents for long term care providers.
  • Advise and assist with questions that arise regarding advanced directives, power of attorney and guardian documents.
  • Assist in handling of discharge of residents for failure to pay and completion of paperwork and addressing potential options regarding the same.

Transactional Work

  • Prepare Asset Purchase Agreements and Operations Transfer Agreements and assist with addressing regulatory and licensure issues that arise as part of purchase and sale of skilled nursing facilities and home care agencies.

Fraud and Abuse

  • Assisted psychiatric practice with preparing response to subpoena.
  • Assisted Hospice Agency with response to subpoena.

Provider Defense Litigation

  • Handled numerous malpractice actions for skilled nursing facilities, handling issues such as piercing the corporate veil, presenting motions for summary judgment and motions to dismiss punitive damages claims.