Attorneys

Cory Macdonald

Cory D. Macdonald leads the long term care and retirement housing practice group at Davis & Wilkerson. Cory is an experienced attorney in the health care field where he represents continuing care retirement communities, hospitals, skilled nursing facilities, physicians and other providers in a wide variety of issues including business formation, state licensure, Medicare/Medicaid certification, regulatory compliance, risk management, and the sale and acquisition of health care facilities. 

Cory also represents borrowers in health care facility, senior/disability housing and charter school financings involving tax-exempt bonds, HUD-insured loans, and grants provided under various HUD programs.

Representative Experience

  • Represented hospitals, nursing facilities and home health agencies, in state and federal regulatory enforcement actions
  • Advised health care providers on compliance with the Stark and Anti-Kickback statutes
  • Represented senior housing, health care providers, disability housing providers and charter schools in financing new construction and refinancing existing debt utilizing tax-exempt bonds, private letters of credit, bank qualified bonds, HUD-insured mortgages, and HUD capital advances
  • Advised nonprofit boards on governance practices, executive compensation, conflicts of interest, and responding to inquiries on IRS Form 990
  • Represented buyers and sellers of retirement communities, long-term care facilities, and other health care facilities including the transfer of Medicaid bed licenses and Medicare provider numbers
  • Assisted continuing care retirement communities in complying with Texas Department of Insurance regulations
  • Represented nonprofit corporations in formation, merger and obtaining exemption from federal income tax, state franchise tax and local property tax
  • Represented senior housing and long-term care providers in Fair Housing Act complaint process
  • Advised health care professionals on contractual matters and response to state licensing boards actions
  • Represented risk retention group composed of long-term care and senior housing providers throughout Texas

Qualifications

  • State Bar of Texas (admitted 2005)
  • Member, Austin Bar Association
  • Member, DRI The Voice of the Defense Bar

Education

  • University of Texas School of Law (J.D., 2005)
  • University of Texas, L.B.J. School of Public Affairs (M.P.Aff., 2005)
  • University of Texas (B.A., 1999)

Professional and Community Activities

  • Officer, Austin Health Lawyers Association
  • Member, Public Policy Committee, Texas Association of Homes and Services for the Aging
  • Graduate of the Texas Association of Homes and Services for the Aging Leadership Institute
  • Member, Board of Directors, St. Michael's Episcopal Day School

In the News

  • “Fair Housing Concerns in Continuing Care Retirement Community Organizations,” a Webinar for the American Health Lawyers Association, February 21, 2012.
  • “Responding to Increased Scrutiny of Charitable Organizations,” presentation at the Texas Association of Homes and Services for the Aging (“TAHSA”) annual meeting, May 2011.
  • “Legal Hot Topics,” presentation at the Texas Association of Homes and Services for the Aging (“TAHSA”) senior housing symposium, October 2010.
  • “Fair Housing Hot Topics,” presentation at the American Association of Homes and Services for the Aging (“AAHSA”) annual meeting, November 2010.
  • “HITECH Alters Health Data Privacy Enforcement,” Austin Business Journal, July 9, 2010.
  • “Legislative Update and Healthcare Reform,” presentation at the Texas Association of Homes and Services for the Aging (“TAHSA”) annual meeting, May 2010.
  • “Negotiated Risk Agreements,” presentation to senior housing and long term care provider risk retention group members, April 2010.
  • “D&W Attorney Cory Macdonald Honored for Involvement in TAHSA Leadership Program,” February 26, 2010.
  • “Dealing with Ethical Dilemmas:  Daily Challenges for Senior Housing Professionals,” presentation at the TAHSA Senior Housing Symposium, October 2009.
  • “Operational Challenges and Risk Areas in HUD Senior Housing,” telephone training presentation for staff of national property insurance company, September 2009.
  • “Admission Agreements A – Z,” presentation at the TAHSA annual meeting, May 2009.
  • “The Red Flag Rules: Applicability and Compliance,” presentation at the AAHSA annual spring conference, April 2009.
  • “Challenging Choices: Ethical Issues in Long Term Care for Professionals, Staff, Residents and Families,” TAHSA webinar, filmed March 2009.
  • “Legal Issues Review for Rural Health Clinics: What You Don’t Want to Hear!”  presentation at the Texas Organization of Rural Health Clinics Annual Meeting, August 2008.
  • “Residents’ Rights vs. Residents’ Needs,” presentation at the TAHSA annual meeting, May 2008.

Publications