Long Term Care and Senior Living

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Wiggin and Dana is at the forefront of tackling the challenging and rapidly evolving issues confronting long term care and senior living providers today. The lawyers in Wiggin and Danaโ€™s Long Term Care and Senior Living Practice Group are on the cutting edge of legislative and policy developments that drive decision making for these providers ยญโ€” including on all aspects of development, finance, operation, regulation, and reimbursement โ€” allowing our team to provide sophisticated, practical, and up to the minute advice to our clients. Our clients include:

  • Skilled nursing facilities
  • Assisted living facilities
  • Continuing care retirement communities
  • Independent senior living providers
  • PACE organizations

Many of our clients include facilities, residential housing and home-based services across the continuum of care. They are operated or developed by closely held businesses, not-for-profit organizations and for-profit regional and national chains. Clients turn to Wiggin and Dana to assist them in addressing and responding to compliance and regulatory issues with governmental agencies; dealing with reimbursement issues; pursuing licenses and certifications; challenging licensure violations and certification survey deficiencies through informal dispute resolution and appeals; HIPAA and privacy compliance concerns; and fraud and abuse allegations, among others. Additionally, the Practice Group routinely represents long term care and senior living providers in transactional matters, including mergers, acquisitions, divestitures, joint ventures, affiliations and financings, and provides distressed situation advice, including in reorganizations and bankruptcies. As part of a full-service firm, our Practice Group includes lawyers from other disciplinesโ€”such as litigation, corporate and finance, labor and employment, benefits, real estate, and taxationโ€” who regularly represent long term care and senior-living clients, applying an effective understanding of the industry and providing tailored advice.

The Long Term Care and Senior Living Practice Groupโ€™s experience and expertise is augmented by its active role in policy making, as well as its role in industry groups and professional associations. Wiggin and Dana serves as general counsel to LeadingAge Connecticut, putting it at the front lines in the development of legislation, regulations, and policy initiatives affecting providers of services to older adults. Our Practice Group head, Maureen Weaver, serves on the Legal Committee of the national association LeadingAge, and as an appointed member of the State of Connecticutโ€™s Continuing Care Advisory Committee. In addition, our partner, Matthew Brown, serves on the board of directors of the Association for Long Term Care Financial Managers. Additionally, our attorneys regularly contribute as speakers and authors to professional associations such as the American Health Law Association, LeadingAge, the American Bankruptcy Instituteโ€™s โ€œIntensive Careโ€ feature.

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Experience

  • Defended nursing homes and assisted living services agencies in overturning federal and state survey findings through informal dispute resolution and formal appeals to the Department of Health and Human Services, resulting in reduction or elimination of fines and favorable settlement terms
  • Served as counsel to nursing homes and other long term care providers in facility mergers and acquisitions, including representation in the negotiation of purchase and sale terms and on required regulatory approvals
  • Represented providers in connection with bankruptcy matters, including acquisitions of long term care facilities in sales pursuant to section 363 of the Bankruptcy Code and in connection with the preparation of chapter 11 bankruptcy cases
  • Advised not-for-profit and for-profit long term care providers on corporate restructuring and governance matters
  • Represented nursing homes and residential care homes in all aspects of the certificate of need process for facility renovations and expansions, facility replacements, capital expenditures, bed reductions and closures
  • Obtained reversal of a Connecticut Department of Social Services decision to deny a long term care clientโ€™s certificate of need application, in an Administrative Procedures Act proceeding to request reconsideration
  • Successfully challenged Connecticut Department of Social Services decision to deny interim Medicaid rate relief for nursing facility during closure through administrative appeal, resulting in $3 million payment to client
  • Represented not-for-profit long term care organization in a merger with a not-for-profit home health care and hospice provider
  • Represented not-for-profit long term care organizations in financing and refinancing matters, including tax-exempt bond financings and financings through various industrial development agencies and local development corporations
  • Served as health care regulatory counsel to private equity company seeking to develop and expand home health services in Connecticut
  • Represented two not-for-profit long term care and senior living organizations in a corporate merger
  • Provide ongoing advice to LeadingAge Connecticut and its members on regulatory issues affecting long term care and senior living providers, including regulatory and operational matters related to the COVID-19 pandemic
  • Served annually as legislative counsel to LeadingAge Connecticut, participating in legislative agenda and strategy, drafting and analysis of proposed legislation and testimony and development of an annual compendium of Connecticut legislation affecting providers of services to the elderly

Firm Highlights