Post-Acute & Long-Term Care

We have decades of experience and the legal skill needed to guide our clients through challenges that pose significant risk to their businesses.

Overview

AGG’s Post-Acute and Long-Term Care industry team is a major area of focus for the firm. We work with clients across the United States – from local single-entity nursing facilities to the largest regional and national nursing home chains, including ten of the top fifteen largest nursing home companies nationwide. Clients trust us to help them with a broad spectrum of issues they face including regulation, compliance, reimbursement, mergers, acquisitions, and dispositions. In particular, we’ve earned a national reputation as leaders in nursing home acquisitions and in administrative appeal work.

The long-term care industry is among the most highly-regulated industries in the county. These days, skilled nursing facility providers face overwhelming regulatory and reimbursement challenges, while at the same time our nation’s aging population is increasing demand for their services and is straining their capacity. We have the depth and breadth of experience – and the relationships with key players like regulatory agencies and financial institutions – to guide our clients through these challenges to highly successful outcomes.

Our commitment to the industry is evidenced by our role in founding the Georgia Nursing Home Association, now known as the Georgia Health Care Association, which we have represented since 1953. We’re consistently ranked among the firms with the largest representation in the America Health Lawyers Association’s Long-Term Care, Senior Housing, In-Home Care, and Rehabilitation Practice Group and we’ve been recognized by Chambers USA and Best Lawyers in America for the excellence of our work. Our attorneys hold leadership positions in and are sought-after speakers for healthcare and long-term care focused industry organizations and symposiums.

Experience

  • Represented the entire spectrum of healthcare providers – including hospitals, nursing homes, home health agencies, hospices and physicians – in numerous Medicare and Medicaid reimbursement disputes with, in the aggregate, several hundreds of millions of dollars at issue.

  • Secured an injunction invalidating a federal Medicare reimbursement rule and as a result effectively halted a fraud investigation and the threat of a False Claims Act action against a national healthcare chain.

  • Favorably resolved a high-profile federal False Claims Act case brought by the Department of Justice alleging that two national nursing home chains and their principals conspired to solicit a $50 million kickback from a large national pharmaceutical supply company in exchange for continuing to provide pharmacy services to the homes.

  • 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.

  • Obtained favorable rulings from multiple state appellate courts enforcing nursing home arbitration agreements, including Georgia, North Carolina, South Carolina, and Florida.

  • Obtained a precedent-setting injunction restraining a national plaintiff law firm from using deceptive advertisements that mischaracterized nursing home survey results.

  • Successfully defended Health Management Associates at trial from claims that it breached the terms of an employment contract with a former employee.

  • Successfully represented a Georgia home health provider in a request for reconsideration of a CMS contractor’s decision to terminate the provider’s Medicare enrollment.

  • Compelled arbitration for nursing home provider, then prevailed at arbitration and received an award of attorney’s fees and costs against the plaintiff.

  • 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))

  • Represented purchaser in the sale / leaseback of juvenile acute care facility which included a long term care and outpatient components as well as a day care facility.

  • Drafted Amicus Curiae brief on behalf of the Georgia Hospital Association and the Georgia Health Care Association regarding denials from trial courts of qualified protective orders allowing ex parte interviews with plaintiffs’ treating medical providers.

  • Obtained a decision of first impression in Georgia, for Omni H.C Inc. by establishing a statute of limitations for a cause of action for the False Claims Act retaliation provisions (United States ex rel. Nichols v. Omni, H.C., Inc., No. 4:02-CV-66(HV), 2008 WL 906426 (M.D. Ga. March 31, 2008))

  • Gained CON approval for a new cancer center for Meadows Regional Cancer Center LLC over objections and administrative appeals by two competitors. The approvals were upheld after additional judicial appeals.

  • Represented a receiver in its acquisition of a hospital chain pursuant to a court-approved comprehensive settlement agreement.

Healthcare Authority Newsletter

The Healthcare practice at AGG produces a weekly newsletter which includes current news briefs relevant to the healthcare industry as well as articles and announcements, all for the benefit and interest of our clients and other industry members.