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Long-Term Care

Sector

Profile
Services
Experience
People

The increased demand for long-term care services driven by an aging U.S. population presents daunting challenges for industry providers. Harris Beach delivers a full complement of professional services to help clients in the rapidly growing long-term care industry manage their complex and evolving regulatory, operational and legal challenges so as to continue to provide their vital support services.

From strategic advice and counsel on proactive risk management practices to defending providers in state and federal court against claims of negligence and regulatory violations, Harris Beach delivers the services adjacently listed to support long-term care industry participants including skilled nursing and assisted living facilities.

Regulatory Compliance

We help long-term care providers create an environment of compliance with applicable state and federal laws and regulations. We assist with the development and implementation of corporate compliance programs and offer strategic advice and guidance to reduce exposure to legal, financial, operational and reputational risks. Our professionals counsel clients in all forms of corporate and business operations as to potential compliance risks and related exposures relative to:

  • Stark Law
  • Anti-Kickback Statute
  • Civil Monetary Penalties Law
  • False Claims Act
  • Antitrust laws
  • HIPAA, HITECH Act and state privacy provisions

General Corporate

We have extensive experience counseling both tax-exempt and taxable long-term care facilities in their corporate affairs including:

  • Contract Formation and Review
  • Corporate Structuring and Reorganization
  • Government Filings and Internal Documentation
  • Mergers, Acquisitions, Affiliations and Divestitures
  • Licensure Issues

Labor and Employment Law

We advise long-term care providers on a full range of labor and employment matters including:

  • Affordable Care Act Compliance
  • Collective Bargaining and other Organized Labor Issues
  • Employee Benefits
  • Employee Issues involving:
  • ADA ◦ Discrimination
  • Employee Agreements
  • FMLA ◦ Harassment
  • Professional Misconduct
  • Retaliation
  • Staffing
  • Termination
  • Wage and Hour
  • Whistleblowing
  • Immigration Law
  • Personnel Policies and Training

Long-Term Care Litigation and Risk Management

Our seasoned trial attorneys have extensive experience defending numerous long-term care providers over the past decade. We have represented health care industry participants in over 100 jury trials to verdict across New York state with a 90 percent success rate. We also handle mediation in cases where that is the best course of action. Our team of attorneys and nurse consultants has also defended clients in state and federal court and administrative settings in the following matters:

  • New York State Public Health Law 2801
  • Medical Malpractice
  • Negligence and Liability Defense Claims involving:
    • Abuse and neglect
    • Decubitus ulcers ◦ Dehydration
    • Deterioration of chronic illness
    • Elopement
    • Improper use of restraints
    • Inadequate supervision and staffing
    • Injuries
    • Malnutrition
    • Medication errors
    • Patients’ bill of rights violations
    • Potential misconduct
    • Slips and falls
    • Wrongful death
    • Other allegations
  • Reimbursement Appeals and Audits
  • Professional Discipline

Since the best way to deal with litigation is proactive avoidance, our team also counsels provider clients in risk management matters. We advise long-term facilities and providers on protocols, procedures and documentation designed to promote legal compliance and quality, thereby reducing exposure to lawsuits.

Operations

We assist long-term care providers with day-to-day clinical and business operational matters including:

  • Admissions and Discharges
  • Medical Records and Health Information Management
  • Internal Policies and Procedures
  • State Reporting Requirements
  • Contracting for Clinical and Business Equipment and Supplies
  • Contracting for Professional and Administrative Services
  • Organization of Professional Staff
  • Preparation of By-laws, Rules, Regulations, Policies, Procedures and Protocols
  • Securing and Maintaining Tax-Exempt Status
  • Treatment and End of Life Decisions

Real Estate and Environmental

Harris Beach attorneys provide legal support in the areas of property acquisition and sale, financing, architectural and construction contracting, leasing, and negotiating with local governments to secure all the necessary approvals by meeting zoning, subdivision and environmental requirements.

Leader(s)

Kelly Jones Howell

Kelly Jones Howell

Member

Team

Emily Crowley

Emily D. Crowley

Member
Terrance Flynn

Terrance P. Flynn

Member
Roy Galewski

Roy R. Galewski

Member
Heidi Schult Gregory

Heidi Schult Gregory

Member
Kelly Jones Howell

Kelly Jones Howell

Member
Andre Major

Andre J. Major

Member
Marina Plotkin

Marina Plotkin

Member
Kevin Tompsett

Kevin W. Tompsett

Member
Christine Vasconcellos

Christine D. Vasconcellos

Associate
All Insights, All Publications, Legal Alert |
 March 24, 2023
Lawsuits Reinforce Importance of Health Care Websites being HIPAA Compliant
Health care providers are urged to increase cyber security to avoid violating HIPAA and other patient privacy laws....read more
All Blogs, All Insights, Health Care Blog |
 March 13, 2023
New York Medicaid Office Issues New Compliance Program Information
The NYS OMIG posted on its website a Compliance Program Review Module and a webinar that outlines the program requirements for 2023...read more
All Blogs, All Insights, Health Care Blog |
 March 10, 2023
New York Issues Technical Specifications Manual that Addresses Medicaid Payment Reporting
The NY Department of Health announced that 2022-2023 Value Based Payment Reporting Requirements Technical Specifications Manual is available...read more
All Blogs, All Insights, Health Care Blog |
 February 17, 2023
There’s an App for That! But Is Your Health Care App in Compliance?
Health care industries are adopting medical apps that track patient condition, but should understand federal laws that apply to apps. ...read more
All Blogs, All Insights, Health Care Blog |
 February 15, 2023
Texas Medical Association Again Challenges Federal Rules Under No Surprises Act
The Texas Medical Association challenges federal regulations under the No Surprises Act, arguing the initiation fee to begin the resolution ...read more
All Blogs, All Insights, Health Care Blog |
 February 14, 2023
The FTC’s Proposed Prohibition of Non-Compete Clauses and its Impact on Health Care
Join Harris Beach attorneys for a webinar discussing the Federal Trade Commission’s proposed rule prohibiting non-compete clauses and its im...read more
All Insights, All Blogs, Health Care Blog |
 February 1, 2023
New York Medicaid Inspector General Publishes Guidance on Managed Care Fraud, Waste and Abuse Regulations
On January 31, 2023, the NYS Office of the Medicaid Inspector General (“OMIG”) published a series of Guidance documents on its website...read more
All Insights, All Publications, Legal Alert |
 January 31, 2023
New York Makes Changes to Notary Public Laws for In-Person and Electronic Notarizations
In New York State, notaries who register with the Department of State and comply with new rules, can perform electronic notarizations. ...read more
All Insights, All Publications, Legal Alert |
 January 31, 2023
New York Governor Vetoes Grieving Families Act and other Amendments to Expand New York’s Wrongful Death Cause of Action
Governor Hochul vetoed the NYS Grieving Families Act which would have overturned century-old law that bars plaintiffs in wrongful death suit...read more
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Long-Term Care

Sector

■ Profile

The increased demand for long-term care services driven by an aging U.S. population presents daunting challenges for industry providers. Harris Beach delivers a full complement of professional services to help clients in the rapidly growing long-term care industry manage their complex and evolving regulatory, operational and legal challenges so as to continue to provide their vital support services.

From strategic advice and counsel on proactive risk management practices to defending providers in state and federal court against claims of negligence and regulatory violations, Harris Beach delivers the services adjacently listed to support long-term care industry participants including skilled nursing and assisted living facilities.

■ Services

Regulatory Compliance

We help long-term care providers create an environment of compliance with applicable state and federal laws and regulations. We assist with the development and implementation of corporate compliance programs and offer strategic advice and guidance to reduce exposure to legal, financial, operational and reputational risks. Our professionals counsel clients in all forms of corporate and business operations as to potential compliance risks and related exposures relative to:

  • Stark Law
  • Anti-Kickback Statute
  • Civil Monetary Penalties Law
  • False Claims Act
  • Antitrust laws
  • HIPAA, HITECH Act and state privacy provisions

General Corporate

We have extensive experience counseling both tax-exempt and taxable long-term care facilities in their corporate affairs including:

  • Contract Formation and Review
  • Corporate Structuring and Reorganization
  • Government Filings and Internal Documentation
  • Mergers, Acquisitions, Affiliations and Divestitures
  • Licensure Issues

Labor and Employment Law

We advise long-term care providers on a full range of labor and employment matters including:

  • Affordable Care Act Compliance
  • Collective Bargaining and other Organized Labor Issues
  • Employee Benefits
  • Employee Issues involving:
  • ADA ◦ Discrimination
  • Employee Agreements
  • FMLA ◦ Harassment
  • Professional Misconduct
  • Retaliation
  • Staffing
  • Termination
  • Wage and Hour
  • Whistleblowing
  • Immigration Law
  • Personnel Policies and Training

Long-Term Care Litigation and Risk Management

Our seasoned trial attorneys have extensive experience defending numerous long-term care providers over the past decade. We have represented health care industry participants in over 100 jury trials to verdict across New York state with a 90 percent success rate. We also handle mediation in cases where that is the best course of action. Our team of attorneys and nurse consultants has also defended clients in state and federal court and administrative settings in the following matters:

  • New York State Public Health Law 2801
  • Medical Malpractice
  • Negligence and Liability Defense Claims involving:
    • Abuse and neglect
    • Decubitus ulcers ◦ Dehydration
    • Deterioration of chronic illness
    • Elopement
    • Improper use of restraints
    • Inadequate supervision and staffing
    • Injuries
    • Malnutrition
    • Medication errors
    • Patients’ bill of rights violations
    • Potential misconduct
    • Slips and falls
    • Wrongful death
    • Other allegations
  • Reimbursement Appeals and Audits
  • Professional Discipline

Since the best way to deal with litigation is proactive avoidance, our team also counsels provider clients in risk management matters. We advise long-term facilities and providers on protocols, procedures and documentation designed to promote legal compliance and quality, thereby reducing exposure to lawsuits.

Operations

We assist long-term care providers with day-to-day clinical and business operational matters including:

  • Admissions and Discharges
  • Medical Records and Health Information Management
  • Internal Policies and Procedures
  • State Reporting Requirements
  • Contracting for Clinical and Business Equipment and Supplies
  • Contracting for Professional and Administrative Services
  • Organization of Professional Staff
  • Preparation of By-laws, Rules, Regulations, Policies, Procedures and Protocols
  • Securing and Maintaining Tax-Exempt Status
  • Treatment and End of Life Decisions

Real Estate and Environmental

Harris Beach attorneys provide legal support in the areas of property acquisition and sale, financing, architectural and construction contracting, leasing, and negotiating with local governments to secure all the necessary approvals by meeting zoning, subdivision and environmental requirements.

■ People

Emily D. Crowley

Member
(585) 419-8658
ecrowley@harrisbeach.com

Terrance P. Flynn

Member
(716) 200-5120
tflynn@harrisbeach.com

Roy R. Galewski

Member
(585) 419-8661
rgalewski@harrisbeach.com

Heidi Schult Gregory

Member
(585) 419-8720
hgregory@harrisbeach.com

Kelly Jones Howell

Member
(212) 912-3652
khowell@harrisbeach.com

Andre J. Major

Member
(914) 298-3003
amajor@harrisbeach.com

Marina Plotkin

Member
(212) 313-5409
mplotkin@harrisbeach.com

Kevin W. Tompsett

Member
(585) 419-8738
ktompsett@harrisbeach.com

Christine D. Vasconcellos

Associate
(212) 313-5490
cvasconcellos@harrisbeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of March 27, 2023 5:27 pm
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