Skilled nursing facilities (SNFs) depend on Nelson Hardiman for the legal experience to navigate the complex healthcare environment. From the acquisition and financing of SNF facilities to regulatory compliance programs and criminal investigations, we advise clients across all phases of the business cycle, as well as on complex financing, operational, regulatory and dispute matters.

We harness the minds, experience and specialized knowledge of our healthcare attorneys to grapple with the unique problems and legal concerns of skilled nursing facilities. SNFs serve a vital role in the continuum of long term care, challenged by the drive towards lower-cost, technologically-based solutions to deliver care and the high cost of providing such care in the increasingly value-driven healthcare industry. Nelson Hardiman helps skilled nursing facilities create regulatory pathways and savvy business plans to mitigate the conflicting pressures of regulation/operation and patient care.

Our Work Includes:

  • Acquisitions Negotiated major acquisition of SNF facilities by a national chain.
  • Criminal Defended a skilled nursing facility charged with involuntary manslaughter involving a patient death, resulting in dismissal of all criminal charges.
  • Drug Dispensing Advised on SNF pharmacy criteria for storing and dispensing drugs and biologics.
  • False Claims Act Defended False Claims Act lawsuit based on SNF marketer inducements to hospital discharge planners.
  • Insurance Back Fees Represented a SNF regarding almost $1 million in insurance back fees, negotiating with the Department of Health Care Services to create a payment plan.
  • Landlord/Tenant Successfully represented a SNF against a threatened lawsuit claiming hundreds of thousands of dollars in damages due to an unpaid Quality Assurance Fee. The multiple arguments in our response letter convinced the landlord not to take action and our client averted litigation and potential financial ruin.
  • Litigation Represented skilled nursing facilities in challenging federal and state criminal investigations and cases filed throughout the United States.
  • Regulatory Compliance. Counseled on all regulatory aspects of healthcare, including for skilled nursing facilities and related clients.
  • Regulatory Compliance Programs Developed and implemented regulatory compliance programs for over 100 skilled nursing facilities.
  • Stark/Anti-Kickback Statute Negotiated and implemented corporate integrity agreement on behalf of skilled nursing facility chain following a federal investigation of Stark/Anti-Kickback Statute violations.