Health Care
Practice Area Chair:
Aaron J. Besen
503.227.1111 Main
503.972.4253 Direct

Health Care

Our Health Care Group has extensive depth and experience with regard to long-term care and senior housing, and also representing physicians and other providers. For nearly a decade, the Health Care Group's Chair was a senior officer of a prominent multi-state, long-term care company. This experience enables our Health Care Group to better analyze our clients' issues from both a business and legal perspective. Consequently, we fully understand the issues facing this complex industry. Collectively, the attorneys in the Health Care Group have over 125 years of experience counseling clients and offering practical solutions.

The lawyers in our Health Care Group work with clients in the acquisition and divestiture of health care businesses, on financing transactions, and with management agreements.  We also help clients with the formation and governance of health care business entities.

We work with providers regarding resident admission and discharge, accounts receivable collection, compliance with evolving laws and regulations (HIPAA, Anti-Kickback, Stark, etc. ), and risk management strategies.  We represent individual owners and parent companies with regard to alter ego and related claims. We also counsel health care companies regarding post-judgment options and risks in the event an adverse judgment is entered against them.

We also focus on employment issues specific to health care businesses, including employment agreements, advice and training concerning hiring, evaluations, compensation, terminations, compliance with state and federal employment laws, and effective and accurate documentation. Our group's trial attorneys are also experienced employment dispute litigators.

Our areas of expertise include:

  • Purchase and Sale of Health Care Business
  • Operations Transfer Agreements
  • Management Agreements
  • Licensing and Certification
  • Health Care Regulatory Issues (Stark, Anti-Kickback, False Claims)
  • Health Care Finance Issues (HUD, Fannie Mae, Accounts Receivable)
  • Landlord Tenant Issues for Health Care Facilities
  • Environmental Issues
  • HIPAA and HITECH Compliance and Business Associate Agreements
  • Collections for Long Term Care Facilities
  • Admission Agreements/Resident Handbooks
  • Arbitration Agreements
  • Assisted Living and Independent Living Resident Leases
  • Risk Management
  • Employment Law Issues, Compliance, and Training
  • Employment Agreements for Health Care Executives
  • Physician Employment Agreements
  • Defense of Health Care Executives and Owners from Resident Care Claims
  • Board of Nursing Issues
  • Board of Nursing Home Administrators Issues
  • Health Care Contract Drafting
  • Health Care Contractual Disputes
  • Contracts Between Providers and Payors or Other Providers
  • Bankruptcy and Receivership Issues for Health Care Companies
  • Post-Judgment/Risk Analysis Assessment
  • Distressed Sales and Acquisitions
  • Accountable Care Organizations (ACO)

Representative Work
$65 Million Sale of Four Senior Housing Campuses
We represented the owners of four Oregon assisted and independent living campuses managed by Grayco, LLC in the sale of those campuses to Spring Living, a McMinnville-based senior housing operator.  The facilities are located in Lake Oswego, Sherwood, Wilsonville, and The Dalles. 
Bankruptcy of Hospital
We represented a community group in a Chapter 11 bankruptcy of an acute care hospital and were instrumental in causing a replacement hospital to be constructed.
Collections of Accounts Receivable
We successfully collected over $2 million for health care facilities from individuals, state agencies, probate and protective estates, and health insurance companies.
Employment Claim Defense
We defended a long-term care facility against discrimination claims brought in federal court by a terminated nurse assistant. The court granted the facility's motion to dismiss all of the former employee's claims, with prejudice.
ESOP Transaction
We represented EmpRes Healthcare Group, Inc., and its affiliates, with the sale by the shareholder of 100% of the stock in the company to an Employee Group Stock Ownership Trust. This transaction involved one of the first 100% ESOPs in the long-term care field.
Health Share of Oregon Coordinated Care Organization (CCO)
We represented Multnomah County with respect to the formation of the Tri-County Coordinated Care Organization. 
Hospital Acquisition
We represented doctors in the acquisition of a hospital and related securities issues.
Line of Credit Facility
We represented an affiliated group of borrowers in a $25 million line of credit facility primarily secured by accounts receivable.
Nursing Home and Residential Care Transaction
We represented the seller/lessor in a transfer of operations and the lease of a campus with a skilled nursing facility and residential care facilities.
Nursing Home Purchase Transaction
We represented the buyer in the acquisition of a management company that had management agreements with four skilled nursing facilities in California.
Nursing Home Sale and Leaseback Transaction
We represented the seller/lessee in a sale leaseback transaction of 10 skilled nursing facilities in Washington, Oregon, California, and Nevada.
Nursing Home Sublease Transaction
We represented the sublessor in the sublease and transfer of operations of five skilled nursing facilities and one assisted living facility in Arizona.
Training Health Care Staff
We provided training to administrators, admissions staff, business office managers, and operations managers regarding admission issues and collection strategies.