Long-Term Care
Contact: Heather O. Berchem, Chair
Murtha Cullina LLP’s attorneys provide quality, value and client-centered service. Our Long-Term Care Practice Group has significant experience in meeting the needs of nursing home, assisted living and senior housing providers, home health and hospice agencies. The firm represents nearly 200 for-profit and not-for-profit nursing homes and a large number of assisted living providers in Connecticut and Massachusetts. We serve as general counsel to the Connecticut Association of Health Care Facilities (CAHCF), the major Connecticut nursing home association, and the Connecticut Assisted Living Association (CALA).
This strong long-term care client base has allowed us to develop significant knowledge and in-depth attorney staffing to meet our long-term care clients’ needs. Our interdisciplinary team approach provides our clients with attorneys experienced in all types of legal issues affecting long-term care providers. This range and depth of experience assures quality legal services specifically designed to meet the needs of providers. Our attorneys advise and represent providers regarding all aspects of long-term care, including:
- Regulatory and risk management
- Acquisitions and sales
- Commercial and tax-exempt financing
- Licensing
- HIPAA and corporate compliance
- Medicare and Medicaid Audits/Reimbursement
- Collections and evictions
- Work-outs and restructuring
- Litigation/Labor and employment/ OSHA
The firm also advises not-for-profit providers regarding corporate governance and tax-exempt status.
Professional affiliations
Our attorneys have an outstanding record of service to industry and professional groups and with government-industry partnerships, including serving on the boards of the Connecticut Assisted Living Association (CALA) and the Connecticut Association for Long-Term Care Financial Managers. In addition, we are members of Massachusetts Assisted Living Facilities Association (Mass-ALFA) and the Massachusetts Senior Care Association. Members of the practice group serve on key committees of national long-term care associations and are frequent speakers before state and national for-profit and not-for-profit audiences.
Effective Solutions
Murtha Cullina’s attorneys are intensely aware of the cost and reimbursement pressures imposed on today’s long-term care providers and their need for superior value in legal services. Because our attorneys are intimately familiar with this challenging business environment, we are able to focus our efforts on developing practical, cost-effective solutions to legal problems. Clients will find our rates highly competitive. Our team approach allows us to utilize attorneys with different levels of experience in numerous areas to achieve an appropriate, cost-effective fee structure and true value for every client, on every matter, every time.
Regulatory and Risk Management
Our attorneys have extensive experience in regulatory matters, including representing clients before state and federal agencies, including the U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services (CMS) and Office of Inspector General (OIG). Our attorneys have experience with initial licensing and changes of ownership, rate appeals, Medicare and Medicaid audits, IDRs and IIDRs, HIPAA, and corporate compliance. We assist clients in drafting and reviewing policies and procedures, contracting, investigations and a wide range of other risk management issues.
Financing, Debt and Equity Issuance
We provide legal counsel to clients in all manner of debt transactions in both the commercial and tax-exempt sectors, including working capital and acquisition financing. We have extensive knowledge of financing requirements for tax exempt bonds. We assist our clients in documenting hedging transactions to control interest rate risk and credit enhancements to reduce interest cost.
We also regularly represent businesses with structuring and completing debt and equity capital raising transactions that are exempt from federal and state registration requirements. We have extensive experience negotiating financing transactions involving venture capitalists, private placements and other alternative financing sources.
Acquisition/Development
The Group represents clients in all aspects of acquisition and development, including licensing, construction contracting, project permitting, due diligence and deal negotiation and documentation. We assist clients in formation of entities and in structuring transactions, with particular emphasis on tax matters, operating control and profit allocation.
Litigation
Our litigation attorneys regularly represent long-term care clients in Massachusetts and Connecticut on a variety of business disputes, contract actions, Uniform Commercial Code actions as well as tort claims. In addition, we have extensive experience representing long-term care clients on collection and eviction matters.
Project Turn-Around
The Group has extensive experience in working with clients in project turn-arounds. This work includes acquisition of troubled facilities out of bankruptcy, foreclosure and receiverships. We also represent distressed facilities in workouts, restructurings and sales. Receivers and restructuring officers of troubled facilities have often turned to our lawyers for assistance.
Labor and Employment
Our labor and employment attorneys counsel clients on all aspects of the employment relationship, including assistance with personnel policies, wage and hour issues, employment discrimination matters, responding to OSHA citations and defending claims of wrongful discharge. We represent management in labor organizing matters, contract negotiations, strikes and strike avoidance, and enforcement proceedings before federal and state agencies. In addition, our attorneys provide counseling and education to help management avoid employment problems before they arise.
- 37 Murtha Cullina Attorneys Receive 2023 Best Lawyers in America Recognitions
- June 16, 2021 - Health Care and Long-Term Care Groups News: OSHA Announces COVID-19 Emergency Temporary Standard for Healthcare Industry
- June 28, 2017 - Health Care & Long-Term Care Group News: Data Breaches Most Expensive For Health Care Industry But Precautionary Measures Can Keep Costs Down
- September 29, 2016 - Long-Term Care Group News: Nursing Home Mega Rule Finalized: Pre-Dispute Arbitration Agreements Not Permitted
- March 29, 2016 - Health Care and Long-Term Care Groups News: The HIPAA Phase 2 Audits Have Arrived
- September 17, 2015 - Labor & Employment and Long-Term Care News: Revised Home Care Regulations Enforcement Coming Soon
- November 2014 - Patients Can Sue in State Court for Confidentiality/Privacy Breaches Despite HIPAA
- November 2014 - Department of Labor Delays Enforcement of New Companionship Wage and Hour Regulations; Employers Could Still Face Private Lawsuits
- June 2014 - CMS Revises Guidance on Egg Preparation in Nursing Homes
- May 2014 - Long-Term Care Group News
- Murtha Cullina Partner Heather Berchem Appointed to AHCA Legal Committee
- Appellate Court Vacates Arbitrator’s Decision
- Murtha Cullina Partner Maria Pepe VanDerLaan Authors Book Chapter: Reimbursement Challenges for Healthcare Providers
- Affordable Care Act Individual Mandate Upheld - What Employers Must Do Now
- HIPAA Breach Costs Insurer $1.5 Million
- OCR Rolls Out HIPAA Audit Program
- Hospice Changes would Diminish Quality of Care for Patients
- Congratulations to our own Dena Castricone for being recognized as one of Connecticut Magazine's 40 Under 40
- Kari Olson to Present "Tax Incentives for Economic Development” at the Connecticut Conference of Municipalities 2022 Convention
- June 16, 2022 - Heather Berchem will Present to the Massachusetts Assisted Living Association (MASS-ALA), Providing an Update on What Can/Cannot be Done in Assisted Living as it Relates to Mobility Aids, Service Animals, Dining Practices, Marketing Materials, and More
- May 19, 2022 - Bob Kaelin presented on a Thomson Reuters, Norton Bankruptcy Law Series Webinar on “Advance Preference and Avoidance Actions in Bankruptcy”
- December 13, 2017 - Heather Berchem and Dena Castricone Presenting on Best Practices for the CT Association of Health Care Facilities
- March 16, 2017 - Dena Castricone will be a panelist at the Institute for Senior Living Education, Challenges and Triumphs of Creating a Culture of Acceptance: Balancing Fair Housing Act Requirements with Obligations to Ensure the Well-being of Residents, in Wallingford, CT
- November 17, 2016 - Heather O. Berchem and Dena M. Castricone to Co-Present on Nursing Home Regulations for the CT Association of Health Care Facilities
- October 6, 2016 - Dena M. Castricone to Present on Admissions for the CT Association of Health Care Facilities
- September 21, 2016 - Dena M. Castricone to Present on New Legislation, Case Law and Certification Memos for the CT Association of Health Care Facilities
- October 2014 - Massachusetts Senior Care Association Seminar on Financing Long-Term Care
- CAHCF "Back to Basics" Seminar Series
- Connecticut Assisted Living Association (CALA) Seminar
- Massachusetts Senior Care Association Seminar
- CAHCF Seminar
Contact: Heather O. Berchem, Chair
Murtha Cullina LLP’s attorneys provide quality, value and client-centered service. Our Long-Term Care Practice Group has significant experience in meeting the needs of nursing home, assisted living and senior housing providers, home health and hospice agencies. The firm represents nearly 200 for-profit and not-for-profit nursing homes and a large number of assisted living providers in Connecticut and Massachusetts. We serve as general counsel to the Connecticut Association of Health Care Facilities (CAHCF), the major Connecticut nursing home association, and the Connecticut Assisted Living Association (CALA).
This strong long-term care client base has allowed us to develop significant knowledge and in-depth attorney staffing to meet our long-term care clients’ needs. Our interdisciplinary team approach provides our clients with attorneys experienced in all types of legal issues affecting long-term care providers. This range and depth of experience assures quality legal services specifically designed to meet the needs of providers. Our attorneys advise and represent providers regarding all aspects of long-term care, including:
- Regulatory and risk management
- Acquisitions and sales
- Commercial and tax-exempt financing
- Licensing
- HIPAA and corporate compliance
- Medicare and Medicaid Audits/Reimbursement
- Collections and evictions
- Work-outs and restructuring
- Litigation/Labor and employment/ OSHA
The firm also advises not-for-profit providers regarding corporate governance and tax-exempt status.
Professional affiliations
Our attorneys have an outstanding record of service to industry and professional groups and with government-industry partnerships, including serving on the boards of the Connecticut Assisted Living Association (CALA) and the Connecticut Association for Long-Term Care Financial Managers. In addition, we are members of Massachusetts Assisted Living Facilities Association (Mass-ALFA) and the Massachusetts Senior Care Association. Members of the practice group serve on key committees of national long-term care associations and are frequent speakers before state and national for-profit and not-for-profit audiences.
Effective Solutions
Murtha Cullina’s attorneys are intensely aware of the cost and reimbursement pressures imposed on today’s long-term care providers and their need for superior value in legal services. Because our attorneys are intimately familiar with this challenging business environment, we are able to focus our efforts on developing practical, cost-effective solutions to legal problems. Clients will find our rates highly competitive. Our team approach allows us to utilize attorneys with different levels of experience in numerous areas to achieve an appropriate, cost-effective fee structure and true value for every client, on every matter, every time.
Regulatory and Risk Management
Our attorneys have extensive experience in regulatory matters, including representing clients before state and federal agencies, including the U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services (CMS) and Office of Inspector General (OIG). Our attorneys have experience with initial licensing and changes of ownership, rate appeals, Medicare and Medicaid audits, IDRs and IIDRs, HIPAA, and corporate compliance. We assist clients in drafting and reviewing policies and procedures, contracting, investigations and a wide range of other risk management issues.
Financing, Debt and Equity Issuance
We provide legal counsel to clients in all manner of debt transactions in both the commercial and tax-exempt sectors, including working capital and acquisition financing. We have extensive knowledge of financing requirements for tax exempt bonds. We assist our clients in documenting hedging transactions to control interest rate risk and credit enhancements to reduce interest cost.
We also regularly represent businesses with structuring and completing debt and equity capital raising transactions that are exempt from federal and state registration requirements. We have extensive experience negotiating financing transactions involving venture capitalists, private placements and other alternative financing sources.
Acquisition/Development
The Group represents clients in all aspects of acquisition and development, including licensing, construction contracting, project permitting, due diligence and deal negotiation and documentation. We assist clients in formation of entities and in structuring transactions, with particular emphasis on tax matters, operating control and profit allocation.
Litigation
Our litigation attorneys regularly represent long-term care clients in Massachusetts and Connecticut on a variety of business disputes, contract actions, Uniform Commercial Code actions as well as tort claims. In addition, we have extensive experience representing long-term care clients on collection and eviction matters.
Project Turn-Around
The Group has extensive experience in working with clients in project turn-arounds. This work includes acquisition of troubled facilities out of bankruptcy, foreclosure and receiverships. We also represent distressed facilities in workouts, restructurings and sales. Receivers and restructuring officers of troubled facilities have often turned to our lawyers for assistance.
Labor and Employment
Our labor and employment attorneys counsel clients on all aspects of the employment relationship, including assistance with personnel policies, wage and hour issues, employment discrimination matters, responding to OSHA citations and defending claims of wrongful discharge. We represent management in labor organizing matters, contract negotiations, strikes and strike avoidance, and enforcement proceedings before federal and state agencies. In addition, our attorneys provide counseling and education to help management avoid employment problems before they arise.
- 37 Murtha Cullina Attorneys Receive 2023 Best Lawyers in America Recognitions
- June 16, 2021 - Health Care and Long-Term Care Groups News: OSHA Announces COVID-19 Emergency Temporary Standard for Healthcare Industry
- June 28, 2017 - Health Care & Long-Term Care Group News: Data Breaches Most Expensive For Health Care Industry But Precautionary Measures Can Keep Costs Down
- September 29, 2016 - Long-Term Care Group News: Nursing Home Mega Rule Finalized: Pre-Dispute Arbitration Agreements Not Permitted
- March 29, 2016 - Health Care and Long-Term Care Groups News: The HIPAA Phase 2 Audits Have Arrived
- September 17, 2015 - Labor & Employment and Long-Term Care News: Revised Home Care Regulations Enforcement Coming Soon
- November 2014 - Patients Can Sue in State Court for Confidentiality/Privacy Breaches Despite HIPAA
- November 2014 - Department of Labor Delays Enforcement of New Companionship Wage and Hour Regulations; Employers Could Still Face Private Lawsuits
- June 2014 - CMS Revises Guidance on Egg Preparation in Nursing Homes
- May 2014 - Long-Term Care Group News
- Murtha Cullina Partner Heather Berchem Appointed to AHCA Legal Committee
- Appellate Court Vacates Arbitrator’s Decision
- Murtha Cullina Partner Maria Pepe VanDerLaan Authors Book Chapter: Reimbursement Challenges for Healthcare Providers
- Affordable Care Act Individual Mandate Upheld - What Employers Must Do Now
- HIPAA Breach Costs Insurer $1.5 Million
- OCR Rolls Out HIPAA Audit Program
- Hospice Changes would Diminish Quality of Care for Patients
- Congratulations to our own Dena Castricone for being recognized as one of Connecticut Magazine's 40 Under 40
- Kari Olson to Present "Tax Incentives for Economic Development” at the Connecticut Conference of Municipalities 2022 Convention
- June 16, 2022 - Heather Berchem will Present to the Massachusetts Assisted Living Association (MASS-ALA), Providing an Update on What Can/Cannot be Done in Assisted Living as it Relates to Mobility Aids, Service Animals, Dining Practices, Marketing Materials, and More
- May 19, 2022 - Bob Kaelin presented on a Thomson Reuters, Norton Bankruptcy Law Series Webinar on “Advance Preference and Avoidance Actions in Bankruptcy”
- December 13, 2017 - Heather Berchem and Dena Castricone Presenting on Best Practices for the CT Association of Health Care Facilities
- March 16, 2017 - Dena Castricone will be a panelist at the Institute for Senior Living Education, Challenges and Triumphs of Creating a Culture of Acceptance: Balancing Fair Housing Act Requirements with Obligations to Ensure the Well-being of Residents, in Wallingford, CT
- November 17, 2016 - Heather O. Berchem and Dena M. Castricone to Co-Present on Nursing Home Regulations for the CT Association of Health Care Facilities
- October 6, 2016 - Dena M. Castricone to Present on Admissions for the CT Association of Health Care Facilities
- September 21, 2016 - Dena M. Castricone to Present on New Legislation, Case Law and Certification Memos for the CT Association of Health Care Facilities
- October 2014 - Massachusetts Senior Care Association Seminar on Financing Long-Term Care
- CAHCF "Back to Basics" Seminar Series
- Connecticut Assisted Living Association (CALA) Seminar
- Massachusetts Senior Care Association Seminar
- CAHCF Seminar