Skilled Nursing Facilities

Representative Experience

  • Advised a leading owner-operator of integrated senior healthcare campuses in multiple facility refinancings (including with HUD) in a number of states, including Indiana, Kentucky, Michigan, and Ohio. AGG assisted with determining any filing requirements for the refinancings, the compilation of filings, and the opinion-writing process for the many facilities, including nursing facilities, assisted living facilities, residential care facilities, and homes for the aged.
  • Represented a longstanding long-term care provider in its sale of over 50 facilities, which included skilled nursing, assisted living, and independent living facilities in 11 states, including Florida, Georgia, Louisiana, Maryland, New Jersey, New York, Pennsylvania, South Carolina, Tennessee, Texas, and Virginia. AGG prepared all filings associated with the stock transfer of the providers, including all pre- and post-closing filings, and advised on regulatory components of the deal document. The transaction was valued at over $400 million.
  • AGG advised on an asset transaction for a skilled nursing facility operator which operates senior-care facilities in several small Georgia communities. Because the transaction involved a hospital authority owner of the real estate, AGG handled the filing of a full certificate-of-need application, a 60-day process that requires gathering a significant amount of information and data.
  • Represented a publicly traded REIT in a $4 billion sale of a portfolio of senior housing facilities.
  • Assisting with regulatory filings for national provider of provider of short-term post-acute, rehabilitation, skilled nursing and long-term care services.
  • Successfully represented COBRA plan sponsor in dispute with third-party benefits administrator.
  • Represented a Georgia municipal hospital authority in its acquisition of a skilled nursing facility.
  • Represented a national provider of long-term care services in a multi-state corporate restructuring and $2.4 billion sale of its national real estate assets. AGG advised on all healthcare regulatory aspects of the transaction and obtained all necessary federal and state agency approvals to close the deal. AGG continues to advise on all health care regulatory aspects of the reorganization and obtain all regulatory approvals necessary to proceed.
  • Conducted internal investigation for national nursing home chain regarding patient reauthorizations and reimbursement issues.
  • Participated in representing a healthcare private equity investor in the $2.4 billion dollar sale of the real estate assets of a national nursing home company.
  • Implemented a novel strategy of filing a federal lawsuit to successfully compel arbitration of a nursing home case, for Kindred Nursing Centers, resulting in a decision of first impression in Georgia. (Kindred Nursing Centers Limited Partnership v. Cynthia Jones, USDC Southern District of Georgia, Case No. CV409-105 (March 16, 2011))
  • Compelled arbitration for nursing home provider, Heritage Healthcare of Savannah, then prevailed at arbitration and received an award of attorney’s fees and costs against the plaintiff.
  • Successfully obtained default judgment for nursing home client in case alleging breach of contract.
  • Obtained order from the Court requiring arbitration of a Plaintiff’s claims in accordance with the provisions of a pre-dispute arbitration agreement governed by the Federal Arbitration Act.
  • Represented the seller of a nursing home facility and related assets located in Washington, DC in a $13 million transaction.
  • Compelled arbitration for nursing home provider, Heritage Healthcare of Savannah, then prevailed at arbitration and received an award of attorney’s fees and costs against the plaintiff.
  • Representing Lenbrook Square Foundation Inc., a premiere nonprofit continuing care retirement center in Atlanta, since its conception in 1980 until the present. In 2006, Lenbrook issued $172,775,000 of tax exempt bonds, the proceeds of which were used to expand Lenbrook’s campus.
  • Implemented an interim management agreement structure for a client seeking to expeditiously exit a state.
  • Represented national employer sponsor of a large defined contribution plan in connection with multiple plan operational failures and preparation of an IRS compliance application to ameliorate the failures and restore the plan’s operational compliance.
  • Represented a private investment management firm in an $870 million acquisition of the real estate and transfer of operations to 4 separate operating entities for over 160 senior care facilities across 12 states, including both skilled nursing and assisted living facilities.
  • Obtained reenrollment and negotiated enhanced reimbursement rates for a multi-state nursing facility provider emerging from bankruptcy.
  • Represented one of the nation’s largest private post-acute care providers in a merger with a publicly traded post-acute care provider resulting in a combined publicly traded company with annual revenues of $5.5 billion.
  • Represented a publicly traded REIT in a $4 billion sale of a portfolio of senior housing facilities.
  • Obtained regulatory approval for the replacement of a nursing facility operator on an expedited timeline on behalf of a REIT (accomplished in three weeks with a typical state timeline of three months).
  • Represented a publicly traded REIT in a $1.125 billion acquisition and restructuring of a senior housing provider that operates 96 senior-living communities as well as pharmacies in the Midwest.
  • Resolved through a global civil settlement, with the U.S. Department of Health and Human Services, Office of Inspector General and the U.S. Department of Justice, a 3 year investigation involving quality of care issues at two skilled nursing facilities.