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Health Care - Post Acute & Long Term

Post & Schell, P.C.’s health care lawyers bring a multi-dimensional approach to our national representation of post-acute and long term care providers. We strive to be sensitive to the complex decisions our clients face as they balance on a daily basis the resources and needs of their institutions against the often conflicting demands of the state and federal governments. Our team is ideally positioned to meet the formidable challenges posed by the current health care environment and to provide solutions that consider the interests of the client, facility residents, families, and the community.

Our lawyers possess an insider’s mastery of the complex and often confusing state and federal regulatory matrix applicable to post-acute and long-term health care providers. They have extensive experience representing governmental, proprietary and not-for-profit post-acute and long-term care clients on matters involving a full scope of operational, regulatory and compliance matters. Whether dealing with state agencies on what makes a skilled nursing facility’s plan of correction acceptable or advising a nursing home on who is the legal surrogate decision-maker for patient care issues, our lawyers clarify the complexity of the issues and excel in the art of communicating with all of the stake-holders in what many believe is health care’s most contentious and over-regulated sector.

Our lawyers represent clients on both the substantive and procedural aspects of health facility regulation (e.g., licensure, Medicare and Medicaid survey and certification, quality of care, HIPAA, accreditation, payment matters, federal and state anti-kickback and fraud and abuse laws), during which they will distill for clients the essentials of dealing with multiple regulatory and law enforcement agencies and coordinate an integrated response to their issues. Convinced that prevention and compliance are always the better course, our lawyers speak and write extensively to further the knowledge and understanding of our clients and professional colleagues.

Our health care lawyers interact on a regular basis with our long term care litigation group. The synergy between these practice groups and the added value this provides to our clients is, we believe, unparalleled. These practice disciplines frequently come into play during the pendency of ongoing litigation or regulatory investigations. Our team routinely represents clients through entire continuum of the most troubling and persistent regulatory, civil and criminal exposures: from the initial incident report to survey, from plan of correction and informal dispute resolution to state and federal appeal, from state abuse and neglect investigations, to criminal investigations at the state and federal level, from compliance investigations to civil malpractice litigation, our team has been there.

Working collaboratively with our regulatory and litigation attorneys, other members of our health care team routinely assist our post-acute and long-term care clients in such areas as HIPAA advice, transactional representation, contract reviews and drafting, managed care negotiations, collection assistance, and labor, employment and employee relations representation.

Our collective experience brings together a group of lawyers uniquely situated to evaluate the totality of our clients’ risks and exposures and to consider the potential ramification of actions taken in one forum upon those that may be brought in another.