Assisted Living Facilities

Nelson Hardiman represents residential care facilities for the elderly (RCFEs), also known as assisted living facility (ALFs) or board-and-care facilities in their legal business, regulatory, and strategic needs. Assisted living facilities offer seniors a residential setting that integrates assistance with various activities of daily living (ADLs), coordination of services by outside health care providers, and supervised resident activities intended to promote residents’ health, safety, and well-being. Growing numbers of assisted living facilities are experiencing challenges as the acuity of patient health issues increases, and as risks for elder abuse claims abound. Our experience in working with assisted living facilities includes:

  • Business Transactions
    • Formation of entities and development of business structure to support financing
    • Department of Social Services (DSS) license application requirements
    • Medi-Cal Assisted Living Waiver (ALW) program participation
    • Purchases and sales of assisted living facilities
    • Resident admissions contracts
  • Regulatory Defense
    • DSS investigations and hearings
    • Investigations by regulatory agencies
  • Compliance
    • Compliance with California licensing and operational requirements
    • Risk management in geriatric psychiatric care
    • Risk management in policies and procedures for assisted living facilities
      • Fall prevention
      • Physical and sexual abuse
      • Elopement/Failure to Supervise
      • Medication Errors
      • Change in Condition
      • Wound Care
    • HIPAA and state patient data privacy and security requirements
  • Litigation
    • Elder abuse
    • Business litigation, including shareholder disputes