Last Updated on: 13th October 2023, 05:17 pm

New York Lawyers For Nursing Facilities: A Helpful Guide

Nursing facilities in New York face complex legal and regulatory requirements. Having knowledgeable legal counsel can help nursing homes stay compliant with the law and provide quality care. This article provides an overview of legal issues related to nursing homes and how New York lawyers can assist.

Common Legal Issues Facing Nursing Facilities

Nursing homes deal with a wide range of legal matters including:

• Licensing and Certification – Nursing homes must comply with state and federal licensing and regulatory requirements related to quality of care, safety, staffing, etc. Lawyers help with license applications, renewals, compliance audits, enforcement actions, and appeals.
• Contracts – Lawyers review and draft contracts with residents, vendors, employees, insurance companies, and other parties. They ensure terms comply with regulations.
• Real Estate – Attorneys assist with property acquisition, leasing, zoning applications, and land use issues.
• Corporate Formation – Forming business entities like LLCs or corporations to own and operate nursing homes requires legal expertise.
• Employment Issues – Lawyers handle hiring, terminations, wage/hour disputes, discrimination claims, union negotiations, and OSHA complaints.
• Resident Issues – Admissions, transfers, discharges, care planning, and resident rights disputes often involve attorneys.
• Elder Abuse and Neglect – Allegations of abuse or neglect trigger investigations. Lawyers defend facilities during the process.
• Litigation – Nursing homes get sued for negligence, malpractice, and wrongful death. Lawyers manage litigation and settlements.
• Regulatory Compliance – Attorneys ensure compliance with health, safety, privacy, and financial regulations at federal, state, and local levels.
• Reimbursement – Navigating Medicare, Medicaid, and insurance company rules for reimbursement requires legal knowledge.

How Lawyers Assist Nursing Homes

Here are some of the ways New York lawyers help nursing facilities:

Licensing and Certification

• Guide facilities through initial state licensing and federal Medicare/Medicaid certification
• Prepare for state DOH and federal CMS surveys
• Appeal deficiencies or enforcement actions
• Advise on compliance with regulations

Contract Review

• Review admissions agreements, vendor contracts, leases, etc.
• Ensure regulatory compliance
• Negotiate favorable terms and conditions

Litigation Defense

• Manage responses to lawsuits
• Gather evidence and interview witnesses
• Evaluate claims and formulate defense strategies
• Represent facilities in settlement talks and trials

Corporate Counsel

• Provide day-to-day advice on legal issues
• Update policies to align with changing laws
• Conduct employee and management training
• Oversee responses to investigations
• Manage outside counsel

Resident Issues

• Assist with involuntary discharges
• Resolve care plan disputes
• Defend abuse/neglect allegations
• Advocate for residents’ rights

Real Estate Matters

• Handle property purchases and sales
• Resolve boundary disputes
• Secure zoning variances and permits
• Negotiate leases and easements

Reimbursement Strategies

• Appeal denied Medicare/Medicaid claims
• Pursue reimbursement from private insurers
• Assist with billing audits and False Claims Act cases
• Develop compliant billing practices

Key Skills for Nursing Home Lawyers

Attorneys who excel in nursing home law possess certain knowledge and skills including:

• In-depth understanding of long-term care regulations at federal, state, and local levels
• Experience with survey appeals, licensing issues, and litigation defense
• Ability to interpret complex government rules and payer policies
• Skills to draft watertight admissions contracts, leases, and other agreements
• Knowledge of corporate formation, governance, and compliance
• Familiarity with nursing home operations and delivery of care
• Empathy and communication skills to interact with residents and families
• Attention to detail required in highly regulated environments

Finding the Right Nursing Home Lawyer in New York

Choosing the right attorney is crucial for nursing facilities. Key factors to consider include:

• Expertise – Look for extensive experience in long-term care law specifically. Avoid dabblers.
• Resources – Opt for attorneys with the time and support staff to handle your matters diligently.
• Communication – Choose lawyers who listen attentively and explain things in plain language.
• Availability – Nursing homes need counsel that’s responsive and accessible when issues arise.
• Cost – Balance expertise with affordability to maximize value. Ask about fee structures.
• Reputation – Select attorneys respected as zealous but principled advocates. Check reviews.
• Compatibility – Make sure your priorities and personalities align. The relationship should feel comfortable.

Perform due diligence, but trust your gut feeling when choosing legal counsel. The right lawyer-client fit leads to better outcomes.

Conclusion

The maze of regulations and potential liabilities make legal counsel indispensable for nursing homes. New York lawyers serve as invaluable partners in providing quality care amid a complex legal environment. They offer guidance on licensing, litigation, compliance, contracts, real estate, reimbursement, and corporate matters. With their help, nursing facilities avoid missteps and achieve their mission.

Additional Resources:

• New York State Bar Association Health Law Section
• Academy of New York Elder Law Attorneys
• LeadingAge New York
• American Health Care Association
• National Elder Law Foundation