|
Services Available
Long-Term Care Litigation
Baker Donelson boasts a lengthy record of helping our clients establish effective and efficient health care services. Members of Baker Donelson's Long-Term Care Group have spent years working with long-term care providers and understand the rules and regulations applicable to such providers. They work with long-term care facilities to develop policies, procedures and strategic plans designed to minimize and avoid litigation. If litigation becomes unavoidable, Baker Donelson employs early case resolution methods such as mediation, settlement or arbitration. Should the matter proceed to trial, our attorneys are licensed in more than 20 states and have tried cases in virtually every jurisdiction.
Baker Donelson has an unparalleled history defending long-term care providers, and our attorneys have been instrumental in bringing several landmark cases to court. Many have hailed a recent decision in Tennessee in favor of a Baker Donelson client as a momentous win for the entire nursing home industry.
The Firm's Long-Term Care Group has defended against claims such as negligent admission or failure to discharge; overall negligent care claims such as pressure sores, malnutrition, dehydration and feeding tube care; resident injury claims resulting from resident-on-resident or staff-on-resident abuse, resident falls and wrongful death; as well as a variety of other claims including negligent hiring and supervision, failure to notify primary care physician and resident elopement.
Representative Matters:
- Defended nursing homes in suits alleging wrongful death or injuries from neglect, malnutrition or resident-on-resident abuse.
- Defended nursing homes in suits alleging negligence and lack of staffing in failing to prevent the development of pressure ulcers and/or sepsis.
- Represented medical director of nursing home in suit alleging abuse and neglect, malnutrition, dehydration and other injuries.
- Defended large nursing home chains in Tennessee against allegations of abuse and neglect, negligence, medical malpractice, resident-on-resident abuse and violations of federal and state laws.
- Managed litigation and self-insured retention for nursing home chain in cases throughout the south central United States.
Long-Term Care Facility Financing
Long-term care facility financing is a complex and rigorous process, requiring experience with specific health care regulations as well as a fundamental knowledge of real estate issues. Baker Donelson has the experience lenders and borrowers need to help them navigate the numerous issues involved in health care financing transactions. Our attorneys have served as counsel to borrowers and lenders on a wide range of financing transactions ranging from single site transactions to multi-site portfolios. We routinely represent clients regarding traditional mortgage financing, sale-leaseback transactions, Section 232 HUD insured loans, equipment leases and loans, accounts receivable financing, securitization/CMBS, Fannie Mae loans and Freddie Mac loans.
Preparation and negotiation of effective loan documents form the core of Baker Donelson's long-term care service. Our attorneys assist clients with an initial assessment of their financing needs, and then structure the transaction in light of the client's goals with special emphasis on regulatory and corporate issues. We have represented clients in more than $2 billion in health care loan transactions in the past eight years. The Long-Term Care Group may also call upon the knowledge of attorneys in other practice groups for due diligence in areas such as environmental, real estate and engineering.
As the transaction progresses, our attorneys provide analysis and assistance with Change of Ownership (CHOW) issues in licensure, Certificate of Need, Medicare and Medicaid and opinion letters. The Firm's attorneys counsel clients on lock box, cash management and other issues associated with health care accounts receivable financing, and when the time comes, we work with the client to coordinate the closing and provide extensive post-closing follow-through.
Representative Matters:
- Represented lender in multi-facility loans to skilled nursing facility operator involving negotiations with third party management company and intercreditor rights with accounts receivable lender.
- Represented borrower in more than 70 Section 232 HUD loans to various nursing home operators in 24 states.
- Prepared and presented materials at the 2003 Long Term Care Section meeting of the American Health Lawyers Association regarding the HUD 232 Program for financing of health care facilities.
- Represented borrower in securitization of large, national portfolio of nursing homes.
- Represented lender in nursing facility acquisition loan in Florida.
- Represented borrower in loan transaction involving eight nursing homes and assisted living facilities in four states (real estate and accounts receivable components).
- Represented borrower in restructuring of loan secured by governmental receivables of four rehabilitation facilities.
- Represented lender in loan to national public nursing home chain tenant.
- Represented borrowers in bridge-to-HUD transaction involving 17 health care facilities in eight states as well as in numerous bridge-to-HUD loans with health care section of regional banks involving HUD takeout loan structure.
- Represented borrower in loans for acquisition of distressed nursing homes and in related financing of 99 nursing, assisted living and independent living facilities in 21 states.
- Represented borrower counsel in retirement center loan in securitized pool.
- Represented borrower in connection with construction loan for construction of nursing home and assisted living campus.
|
RSS | Blog | Advertising Opportunities | Site Map | Contact Us