Assisted Living Facilities

Operating an Assisted Living Facilities (ALF), or Personal Care Homes, as they are known as in Georgia, involves numerous interdependent legal issues. From acquiring required certificates of need and proper licensure permits to compliance with ever-changing federal and state regulations, Arnall Golden Gregory’s Health Care Practice represents ALFs at every stage of the business lifecycle.

AGG counsels Assisted Living Facilities, staff and employees on a variety of issues related to establishing and operating a facility. Specifically, we represent clients in the following matters:

  • obtaining required certificates of need; 
  • state license application and certification;
  • providing guidance and ensuring compliance with ever-changing federal and state regulations; 
  • responding to and resolving inquiries from state licensing and federal agencies;
  • contract negotiations and disputes for vendors such as pharmacy, physical therapy, rehabilitation services, durable medical equipment, medical transportation services, and other general services;
  • nursing staff and employment related issues; and
  • professional liability litigation.

Further, AGG represents investors and lenders and has extensive experience in managing the chain of ownership, operational company/property company split deals, and other regulatory aspects of healthcare transactions involving ALFs, ranging from single-facility purchases and sales to some of the largest multi-state transactions.

With an inter-disciplinary approach, AGG is able to apply real estate expertise to the acquisition and design of an Assisted Living Facility; tax expertise to state, local and federal tax treatment of the development; securities expertise to the syndication of management companies; business transaction advise to the structure and operation of the facility; and regulatory skill to the various state CON / licensure requirements, employment issues, litigation, and contract negotiation.