Representative Matters

  • Regulatory counsel to Eastern Maine Health Systems in connection with affiliation with Mercy Hospital. Certificate of Need (CON) approval for an $89 million transaction issued October 2, 2013.
  • Regulatory and financing counsel to VK Health Facilities, LLC, managed by National Health Care Associates, for the lease acquisition of seven Kindred facilities in Maine. CON approval for the transaction issued June 10, 2013.
  • Regulatory Counsel to Genesis Healthcare for acquisition in 2007 of 11 Maine Sandy River nursing facilities, and ongoing representation on several subsequent financings and restructurings.
  • Counsel since 1979 to the Maine Health Care Association, which represents more than 200 long term care facilities caring for Maine's elderly and disabled citizens.
  • MaineCare/Medicaid and Medicare compliance matters. Have represented a wide range of providers on Medicare and Medicaid compliance issues and audit reviews by federal Office of Inspector General (OIG), the US Attorney's Office, Maine DHHS Program Integrity and Maine U.S. Attorney's Office. Have negotiated terms of settlement and corporate compliance agreements and addressed multiple investigations.
  • Counsel to Mercy Hospital in securing CON approval in 2008 for an $85 million hospital facility on the Fore River in Portland that now houses short-stay surgery, outpatient services and Mercy's Birthing Center.
  • Represented St. Margaret D'Youville Pavilion of Lewiston, part of the Sisters of Charity Health System and affiliated with St. Mary's Regional Medical Center, in obtaining CON approval for major renovations, and sale of bed rights to an assisted living provider in a state-approved transaction that served to fulfill Medicaid budget neutrality requirements.
  • Assisted St. Mary's in securing state CON approval for $8.1 million expansion and renovation of its emergency department, along with a CON for a $25 million project to expand and upgrade the operating room, central sterile, lab and pharmacy facilities.
  • Counsel to Nationwide Health Properties (now part of Ventas), a health care REIT with holdings in 40 states, in state-approved acquisition of three Continuum Health nursing facilities for $39 million with sale-leaseback financial structure.
  • Represented a consortium of three Maine hospitals – Maine Medical Center, Southern Maine Medical Center and Goodall Hospital– in obtaining CON approval for a radiation treatment facility in South Sanford, the Cancer Care Center of York County (CCCYC). Because another hospital was also seeking approval in a competitive review, the hearings and other proceedings before the Department of Human Services were hotly contested. Several court appeals followed, including two appeals to the Maine Supreme Judicial Court, in which the CCCYC ultimately prevailed.