Practice Areas

Long Term Care & Retirement Housing

The Long Term Care and Retirement Housing Practice Group represents senior housing and retirement communities including continuing care retirement communities, independent living, assisted living, and nursing homes on corporate and regulatory matters. Attorneys in the practice group are involved at the national level with participation on the Legal Committee of the American Association of Homes & Services for the Aging and faculty participation in the training of retirement housing professionals.

Davis & Wright serves as general counsel to the Texas Association of Homes and Services for the Aging and represents largely nonprofit, faith-based organizations based in Texas and national organizations with facilities operating in Texas. Client facilities include those all across the continuum of care from stand-alone affordable housing projects to multi-facility health care systems.

The practice group provides fair housing and ADA training and conducts compliance audits. Our attorneys are active in teaching in these areas of expertise to health care entities and health care providers and industry trade associations such as the Texas Association of Homes and Services for the Aging, the American Association of Homes and Services for the Aging, and the Certified Aging Services Professionals program of the Coalition for Leadership in Aging Services.

Regulatory Compliance

Advice and counsel on compliance with state and federal statutes and regulations, including Texas licensure requirements, Medicare conditions of participation, Medicare/Medicaid reimbursement, anti-kickback and HIPAA
Representation of licensed providers and professionals with respect to Medicare and Medicaid provider issues, including exclusion, administrative sanctions and civil money penalties
Representation before state boards and regulatory agencies on survey and enforcement and professional certification matters

Operational Issues

Advice and counsel to licensed providers regarding operational, medical records confidentiality, and employment issues
Preparation and review of organizational documents and operational policies and procedures
Preparation and implementation of compliance plans

Transactions

Structuring partnerships and joint ventures, mergers and acquisitions
Preparation and review of contracts, including vendor, management and billing agreements
Preparation of related real estate documents for development of senior housing and retirement communities

Licensure of Health Care Professionals

Representation of health care professionals before state licensing boards, including the Texas Board of Nursing Facility Administrators and the Texas Board of Nursing
Representation of health care professionals in administrative hearings with the State Office of Administrative Hearings

Non-profit Organizations

Advice and counsel to nonprofit organizations regarding compliance with IRS requirements and Texas tax exemption requirements
Preparation of applications for 501(c)(3) exemption from federal income tax and state sales and use and ad valorem taxes
Representation of nonprofit entities before appraisal district review boards
Advice and counsel on governance issues, including excess benefit transactions

Employment Issues

Advice and counsel on state and federal employment statutes and regulations, including: Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act (discrimination), Age Discrimination in Employment Act (ADEA), Pregnancy Discrimination Act, Fair Labor Standards Act (FLSA), COBRA, Texas Commission on Human Rights Act, Texas Unemployment Compensation Act, Texas Payday Act, Texas Workers Compensation Act
Representation of employers in investigations by the Equal Employment Opportunity Commission (EEOC) regarding discrimination claims (age, sex, race, national origin)
Representation of employers in investigations by the Texas Workforce Commission (TWC) regarding unemployment compensation claims and pay claims
Representation of employers in investigations by the U.S. Department of Labor, Wage and Hour Division regarding overtime and minimum wage claims
Preparation and review of personnel policies and employee handbooks
Preparation and review of employment contracts and severance agreements

Legislative and Governmental Issues

Representation of trade associations and health care entities with respect to regulatory matters before various state and federal regulatory agencies, including the Texas Department of State Health Services, Texas Department of Insurance, the Texas Department of Aging and Disability Services, Texas Health & Human Services Commission, and the Centers for Medicare and Medicaid Services
Representation of trade associations and health care clients at the Texas Legislature with respect to legislative bills affecting health care

Representative Transactions

Submitted and followed through on various new applications and changes of ownership, including special hospital licensing application
Obtained 501(c)(3) exemptions from federal income tax for various charitable entities
Drafted and updated personnel policies and employee handbooks for trade associations and long term care providers
Represented health care entity in sexual harassment complaints filed with EEOC and subsequent investigation
Represented health care providers in racial/national origin discrimination complaint filed with EEOC and Texas Workforce Commission Civil Rights Division and subsequent investigation
Represented employers in unemployment compensation hearings before Texas Workforce Commission
Drafted employment contracts and severance agreements for executives and others
Prepared attorney opinions on excess benefit transactions
Negotiated settlement of fair housing case with Department of Justice
Represented and advised more than a dozen HUD low income housing projects
Represented and monitored defense of long term care provider defendants in medical malpractice litigation