Akerman assists developers, operators, owners, managers, and investors in senior housing with issues ranging from real estate and corporate transactions to operations and healthcare regulatory compliance.
Our dedicated Senior Living and Care Sector Team brings breadth and depth in a range of services. Our team reflects our holistic approach to the Senior Living and Care space by combining corporate, real estate, hospitality, and healthcare expertise in a "one-stop shop." We represent for-profit and nonprofit clients that encompass both non-licensed communities (such as active adult and independent living communities) and licensed communities (such as skilled nursing facilities (SNFs), assisted living facilities (ALFs), memory care facilities, and continuing care retirement communities (CCRCs) that offer the full spectrum of care.)
Acquisitions and Dispositions
We regularly represent buyers and sellers of senior living facilities and bring to bear extensive experience in connection with the broad array of issues that must be addressed in order to efficiently and successfully bring these transactions to the client’s desired outcome.
Branding; Active Adult
Our team has deep experience with branded residential offerings and facilitates the reconciliation of the needs of leading and de novo brands, on the one hand, and developers and operators, on the other. As the age cohort interested in Senior Living housing is increasingly focused on a living environment that provides experiences similar to other high amenity residences, including the ever-more popular luxury branded residence, we provide the necessary guidance on a range of issues, including requirements surrounding use of brand IP, brand approval rights and restrictions on sales and marketing activity, brand standards, and royalties.
Corporate
We assist owners and operators in investment structuring, business acquisitions, divestitures, and financing, including bridge, bridge-to-agency, agency, asset-based lending, mortgage, and term loan lending, as well as bond financing.
Real Estate
We advise clients on the full range of real estate related matters, including acquisitions, sales, environmental due diligence, ground leases, government incentives, and 1031 exchanges.
Development, Construction, and other Land Use Matters
We assist developers, investors, operators, and capital providers in connection with the development, renovation, or repurposing of a wide variety of single and mixed-use senior living and care projects, including senior living and care facilities that are a component of larger mixed-use communities or projects, from new build projects to adaptive re-use and green building practices. Our services include a broad spectrum of complimentary capabilities such as land use and entitlements, development agreements and construction contract formation, administration and dispute resolution, and procurement arrangements. We also advise on the complete spectrum of issues related to the decision to brand senior living and care projects, the implementation of governance regimes for mixed-use projects, and the marketing and sale of residences.
Healthcare
We advise clients on licensure and the development, implementation, and administration of effective corporate and operational compliance and risk management programs, including HIPAA best practices. We also negotiate provider agreements, vendor agreements, and payor agreements, including with respect to value-based purchasing models. We perform fraud and abuse analyses and defend our clients in governmental investigations.
Management Agreements and Operations
We advise owners and operators of a variety of senior living facilities, as well as their lenders and investors, in the negotiation of facilities and operations management agreements. As appropriate to the project, we advise on associated contracts, including technical services agreements, technology agreements, trademark license agreements, pre-opening services agreements, procurement agreements, and sales and marketing license agreements in connection with branded “for sale” residences. We also assist the operators of the business of senior living and care with regard to the day-to-day operations involving, among other things, labor and employment counseling and compliance, including with respect to collective bargaining and other union-related activities.
