- GuardianshipCollections in the post-acute care arena is a multi-disciplinary practice that demands attorneys who have skill and expertise in navigating the myriad of rules and regulations that govern providers, as well as the ability to represent our clients in a variety of venues for litigation. A collection action for a post-acute care provider may result in litigation before an administrative tribunal, civil court at the state or federal level, the Orphans’ Court, Bankruptcy Court, or the commencement of an arbitration. We assist our clients in pursuing individuals who have misappropriated assets from a resident living in nursing facility or personal care home. To that end, we have commenced numerous guardianship proceedings to protect the resident from ongoing financial abuse and exploitation, and have assisted our clients in successfully qualifying individuals for Medical Assistance. Our command of the regulations governing the Medical Assistance eligibility gives us a unique understanding of the interplay between collection issues and eligibility issues.
- Corporate LawWe provide guidance on a broad range of issues, including corporate compliance development and training, contract negotiations and review, collections, corporate governance, false claims act violations, fraud and abuse, government investigations, HIPAA and health privacy and security, licensure, litigation, managed care, medical staff peer review law, real estate, reimbursement and provider payment issues, resident agreements, transactions, survey and enforcement, and tax exemption. We also represent individuals in professional licensure matters.
- Business DisputesWe support businesses by providing personalized representation, cost-effective representation and experience. Our attorneys have vast understanding of the business world’s demands. We have a reputation for leadership in business law and remain updated on changes in regulations and laws impacting businesses. By listening to our client’s aspirations and concerns, we implement creative and innovative legal strategies for the benefit of our clients. We do this on a project basis and as general counsel.
- Limited Liability CompaniesLatsha Davis & Marshall, P.C. represents business owners on a variety of organizational, operational and commercial law issues involving advice on the formation, organization, restructuring and day-to-day legal issues of corporations, limited liability companies, partnerships and sole proprietorships.
- Intellectual Property
- Workers Compensation
- Employment Discrimination
- Employment Contract
- Real Estate LitigationLongstanding provider organizations are increasingly seeking to streamline their corporate structure and update their corporate image to project a modern look to their delivery of housing and care services. A corporate restructuring or rebranding raises numerous issues, and we have extensive experience in guiding nonprofit providers through such restructurings. We counsel providers considering such restructurings on issues including (1) corporate and organizational matters including tax exemption concerns, amending governing documents such as bylaws, creating a tax-exempt parent entity, and governance issues such as the composition of overlapping Boards; (2) tax and financial matters including PA Department of Revenue Sales and Use Tax exemption, and compliance review of existing bond and/or financial covenants; (3) regulatory matters at the state (Department of Health, Department of Human Services, and the Insurance Department) and federal level (Centers for Medicaid and Medicare Services) including the appropriate notice to such agencies as well as potential change of ownership issues; (4) operational concerns including the utilization of a management agreement and the transfer of assets between entities; (5) contractual matters including existing agreements with third parties and affiliated organizations; (6) real estate matters including possible lease arrangements with new entities and the ramifications for real estate tax exemption; (7i) intellectual property matters including fictitious names, servicemarks, and licensing agreements; (8) common pitfalls related to rebranding and restructuring; and (9) practical concerns such as selecting the right team of professionals from various disciplines to assist in the many components of restructuring and rebranding, creating a “rollout” action plan and/or timeline, and organizational dynamics which may be encountered along the way. A Corporate Reorganization is an exciting step for an organization, but is also one, especially for health care providers, that requires careful planning, and we have successfully guided clients through this process.
- Real Estate TransactionsWe provide a wide variety of services regarding financing and real estate transactions. This includes drafting and review of contracts. Our attorneys help prepare and implement shareholder and business owner agreements. Our office assists in the purchase and sales of businesses. We provide guidance regarding preparation of procedures and policies. This includes clearly written employment policies and discipline protocol.
- Tax LawFinally, we assist with intellectual property matters including copyright and trademark issues. Our lawyers help in the drafting of software and technology agreements. We resolve tax issues. And we assist in the dissolution and liquidation of businesses.