Long-Term Care


Why Choose Us

With life expectancy increasing and the baby boomer generation aging, your long-term care facilities are growing and in high demand. In this fast-paced sector, you need attorneys who understand your industry and the unique challenges involved with acquiring and divesting these important businesses. Our Long-Term Care practice is multidisciplinary, bringing together attorneys from multiple areas in the firm’s Business Department, including Health Care, Mergers & Acquisitions, Real Estate, Banking & Commercial Finance, Capital Markets & Securities Transactions, and Tax. Whether you need counsel regarding the acquisition and development of a new facility or regulatory compliance and operations, our experienced attorneys work together to provide the practical advice you need to accomplish your business objectives.

Our approach is to work with you as your partner, and we are with you every step of the way through the complex legal and business issues that arise during the course of a transaction. We use our deep understanding of your business to anticipate potential problems, prevent unanticipated delays, and reduce unnecessary risk. Our business acumen and strong industry relationships allow us to build rapport in sensitive deals to help you achieve the best possible results. Drawing on this expertise, we provide you with the legal advice and services to create, manage, and grow your long-term care facilities.

“They only have clients’ interests in mind. They work extremely hard and are very responsive at all times. They consider all the client’s needs. They are concise, courteous, and they know how to negotiate.”

– Client feedback from Chambers USA

Who We Assist

Our team serves clients in the long-term care space, including owners, operators, investors, and developers of skilled nursing and living facilities throughout the United States. We represent several long-term care and senior service providers in multimillion dollar acquisitions and divestitures of their facilities, and our clients rely on our valuable counsel in addressing every aspect of these critical transactions.

What We Do

We use our broad perspective to assist our clients in purchasing, selling, and leasing their facilities and with the day-to-day legal needs of their businesses. Offering the benefits of a full-service firm that is responsive and results oriented, our practice provides clients with a wide range of services to address all our clients’ legal needs, including but not limited to:

  • Structuring all aspects of potential business transactions, such as mergers, acquisitions, and joint ventures, including assisting clients with equity and deal structuring
  • Negotiating, documenting, and closing senior and subordinated debt and equity financing transactions, including acquisition financing, refinancing transactions, and complex equity raises
  • Forming investment vehicles and preparing complex private placement offerings
  • Drafting and negotiating a variety of complex agreements, such as purchase contracts, operation transfer agreements, commercial leases, management agreements, and operating and limited partnership agreements
  • Navigating regulatory requirements under state and federal law, including guidance on participation in Medicare, Medicaid, and other government reimbursement programs
  • Counseling on compliance with federal and state fraud and abuse laws, including the Stark Law, the Anti-Kickback Statute, and the False Claims Act, and developing effective compliance programs to prevent, detect, and remedy fraud and abuse
  • Advising with respect to federal and state securities issues and compliance

In an article from Bloomberg Law, Ulmer attorneys Daniel Gottesman and David Schweighoefer are quoted discussing the mounting coronavirus infections and deaths at U.S. nursing homes and the potential for law suits that could follow. According to the article, more than 10,000 nursing home residents and staff members have died...

In recent weeks, the U.S. Department of Justice has sharply increased scrutiny of owners and operators of long-term care facilities and nursing homes. On March 3, 2020, Attorney General William Barr announced the “DOJ’s National Nursing Home Initiative,” which will “coordinate and enhance civil and criminal efforts to pursue nursing...

While our nation and the world are experiencing a health crisis of unprecedented proportions, the attorneys at Ulmer want to provide you with current information as it relates to long-term care facilities, your patients, staff, and families. Precisely because there is so much information about different aspects of successfully managing...

Ulmer & Berne LLP is pleased to announce the election of three partners to the firm, effective January 1, 2020. This class of new partners includes attorneys with backgrounds in diverse legal disciplines and who reflect Ulmer’s commitment to providing sophisticated advice and counsel. “We are happy to welcome Kristin,...

Ulmer & Berne LLP is proud to announce the addition of Counsel David E. Schweighoefer to its Cleveland office where he joins the firm’s respected Health Care Practice Group. For the past 30 years, Schweighoefer has provided advice to a wide array of health care providers helping them achieve their overarching business...

Ulmer & Berne LLP is proud to announce the addition of Counsel Matthew I. Pollack to its Cleveland office. Pollack is an experienced business attorney who concentrates his practice on representing businesses in all types of financing transactions. “We are pleased to welcome Matthew to Ulmer where his finance and corporate skill...

Additions to Business Litigation and Health Care Practice Groups Ulmer & Berne LLP is pleased to announce the addition of two talented and experienced attorneys to the firm. Counsel Shawn J. Gebhardt joins the Business Litigation Practice Group and Associate Ellesha M. LeCluyse joins the Health Care Practice Group. These additions continue Ulmer’s commitment...

Representative Experience