Essential Experience for the LTC Voluntary Closure Process
Key Facts
- Mintz has the experience and capabilities to work with post-acute clients to assure a compliant process that makes business sense.
- Team with extensive experience with the voluntary closure process
- Attorneys with legal acumen and extensive experience working with operating staff and regulators
The Situation
Closure of a post-acute care or residential facility, such as a skilled nursing facility or a long-term acute care hospital (LTACH), or an assisted living residence, brings with it a host of state and federal requirements. These include notice, often via a series of notices, to staff, employees, residents / patients, licensing and certification agencies, and third-party payers. Labor unions, private and governmental coalitions, state legislators, local leaders, and community representatives may also require notification. State licensing agencies may also require public comment periods, including public hearings. Closure of an assisted living residence may also trigger laws of tenancy and the need for evictions.
The Approach
Mintz attorneys have extensive experience with the voluntary closure of the range of post-acute facilities. In 2017 alone, we initiated closure processes for five skilled nursing facilities, a LTACH campus, and an assisted living residence. Navigating this highly technical and emotionally charged process requires both legal acumen and years of experience working with operating staff and regulators — our health law attorneys have both. In addition, we work with lenders and other interested parties when facilities experience financial distress to review arrangements for lender-required management services. Our health law attorneys coordinate with public finance and bankruptcy practices to address facilities with troubled debt.
The Outcome
Mintz has the experience and capabilities to work with post-acute clients to assure a compliant process that makes business sense.
