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Long-Term and Post-Acute Care

Long-Term and Post-Acute Care


We recognize that the operation of long-term care facilities and post-acute services presents a unique challenge based on the patient population, often unrealistic expectations by family members and society, and intense regulatory scrutiny.   Our team has worked with long-term care and post-acute care providers for over 30 years and has the experience to effectively and efficiently assist long-term and post-acute care organizations address the myriad of operational, regulatory and business issues they encounter.

Our services include regulatory advice, representation in business transactions, operational advice, and litigation for long-term care facilities, hospice and home health providers, DME suppliers, and dialysis providers.

Smith Moore Leatherwood's long-term and post-acute care team has the experience needed to help long-term and post-acute care providers with their business, compliance, and risk management needs.  Contact us today to find out more about how we can assist your organization.

  • Prepared plans of correction and assisted during surveys and with early removal of immediate jeopardy findings
  • Prepared IDR materials and assisted with IDR preparation
  • Litigated survey penalty appeals on state and federal levels
  • Appeared at the NC Division of Health Service Regulation's Penalty Review Committee to contest the assessment of penalties against assisted living facilities
  • Defended malpractice claims and lawsuits on behalf of facilities and individual providers
  • Represented providers in responding to RAC and ZPIC audits, as well as fraud and abuse investigations
  • Assisted facility in obtaining guardian for resident to pursue recovery of assets from family member with ultimate goal of enabling resident to qualify for Medicaid
  • Negotiated the purchase and financing of long-term care facilities and home health and hospice agencies and providing advice regarding corporate structuring to reduce risk and maintain compliance
  • Addressed real estate and land use issues that arise in transactions
  • Prepared lease and management agreements, admission and arbitration agreements, and medical director agreements
  • Prepared and provided advice regarding contracts with ancillary service providers, vendors, private duty nursing, hospice and home health entities
  • Prepared and revised CCRC disclosures and resident agreements
  • Prepared and revised operational policies and procedures
  • Counseled and educated admissions and clinical staff regarding powers of attorney and advance directives
  • Assisted providers in responding to crisis incidents including difficult family circumstances
  • Provided consultation regarding discharge of residents
  • Represented individual provider employees in professional licensing matters, including filing appeals for CNAs wrongfully accused of abuse or neglect and defending nurses and nursing home administrators against licensing board disciplinary actions
  • Worked with potential and current employees on immigration issues
  • Represented DME supplier in administrative appeal of contract award for designated supplier of medical supplies to Medicaid beneficiaries
  • Represented dialysis provider in reconsideration review from denial of Medicare and Medicaid provider enrollment for multiple facilities, obtaining the reversal of denial
  • Represented continuing care retirement community in appeal of NC Medical Care Commission decision to deny tax-exempt bond financing

Each of our lawyer's e-mail address is provided with his or her biography. If you are not a current client of our firm, you should not e-mail our lawyers with any confidential information or any information about a specific legal matter, given that our firm may presently represent persons or companies who have interests that are adverse to you. If you are not a current client and you e-mail any lawyer in our firm, you do so without any expectation of confidentiality. We will not establish a professional relationship with you via e-mail. Instead, you should contact our firm by telephone so that we can determine whether we are in a position to consult with you about any legal matters before you share any confidential or sensitive information with us.