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Senior Living

We counsel clients in all legal aspects of the acquisition or establishment, operation, and sale of senior living provider entities. Our clients include independent living facilities, assisted living facilities (ALFs), skilled nursing facilities (SNFs), continuing care retirement communities (CCRCs), and hospice and home health providers.

With respect to acquisitions and sales, we help clients obtain the strongest position on items of particular significance to acquisitions involving long-term care providers. These include seller’s representations and warranties regarding compliance with the Federal Stark, Anti-Kickback and HIPAA statutes; licensure and certificate of need requirements; the billing of private and governmental payors; and seller’s indemnification obligations in the event of a contract or warranty breach.

We work on an ongoing basis with senior living providers to ensure their operations comply with the complex maze of federal and state laws and regulations affecting their day-to-day operations. We also work with provider entities to address their human resource needs, including benefit plan compliance and employment-related litigation.

Key Contacts

Amy Condaras Profile Image
Amy Condaras

Member

Charleston, WV

Rhonda B. Schechter Profile Image
Rhonda B. Schechter

Managing Associate

Cincinnati, OH

Areas of Focus

Health Care Contracting

Our commercial and public finance lawyers work on a broad range of commercial contracting matters for health care entities, including purchasing, leasing, and licensing issues. FBT has a group of attorneys with extensive experience negotiating and drafting contracts with health industry vendors and suppliers, payors, and medical professionals, including employment and consulting agreements for individual physicians and entire medical groups.

Relevant Experience
  • Assisted with structuring, negotiating, and completing the purchase of a long-term care pharmacy, including transfer of over 100 licenses.
  • Oversaw marketing contracts offered by a senior living care coordinator to various senior living providers.

Health Care Compliance

FBT helps many clients safeguard the privacy and security of health-related information in compliance with HIPAA and other privacy laws. Our attorneys regularly provide guidance on health industry prohibitions on referrals, kickbacks, and patient inducements. Our experience also includes defending Medicare and Medicaid fraud and abuse claims, “whistleblower” qui tam actions, False Claims Act cases and other matters involving assertions of misconduct.

Relevant Experience
  • Handled countless HIPAA privacy matters, including risk assessments and requests for release of information, and developed and delivered HIPAA training and compliance programs.
  • Led the appeal of a provider exclusion and overpayment determination in excess of $700,000, which resulted in a settlement dismissing the exclusion charges and overpayment in full.

Mergers, Acquisitions & Joint Ventures

We represent clients in health care mergers and acquisitions, as well as those participating in joint ventures formed to own or operate various types of facilities. Our team draws on a full range of regulatory experience to structure such transactions appropriately on the front end. We navigate issues involving state licensing and certificate of need requirements, Medicare, Medicaid, and private pay enrollment, conditions of participation, reimbursement, tax-exempt finance, statutory, regulatory and contractual requirements, labor and employment, non-compete, antitrust, and all other issues within the scope of such major transactions. We are especially proud of our experience helping providers design and implement innovative arrangements, such as clinically integrated networks, in the pursuit of shared improvements in both costs and care.

Relevant Experience
  • Served as lead counsel in tax-exempt health system mergers and joint ventures, and hundreds of physician practice acquisitions.
  • Led the purchase of a home health agency operating under the varying regulatory schemes of three different states.
  • Represented the seller in the sale of a hospital-based SNF to an independent long-term care group, including resolution of civil monetary penalty issues.
  • Represented the purchaser in a large, national home health acquisition in excess of $200 million, including local regulatory due diligence, licensure and certification issues.
  • Represented a regional skilled nursing and senior living operator in six acquisitions, two sales, and five de novo campus developments with a deal value of over $400 million.

Real Estate

We represent developers, owners, equity investors, lenders, government entities and other stakeholders in all aspects of real estate ownership, finance, development, management and disposition involving senior-living and long-term care facilities . We have a deep understanding of the real estate business and strive to provide our clients with sound legal counsel and practical solutions. Our clients look to us to “get the deal done,” and we work proactively to resolve issues and close transactions quickly.

Relevant Experience
  • Represented a hospital chain on real estate and financing aspects of acquiring a major suburban hospital in Cincinnati, an asset purchase involving substantial real estate.
  • Represented a major hospital chain in closing a 45-parcel assemblage for a new hospital facility in Greater Cincinnati, including completion of due diligence, review of title and survey and assistance on development issues.
  • Represented regional medical center in development and construction of $200 million full-service hospital campus in northern Cincinnati suburbs, including negotiation of construction contracts and leases, and assisting client in zoning and plan approval, subdivision, platting, development and sale of out lots, project financing and incentives and provision of title insurance. Assisted the same client in demolition and clean-up of a legacy hospital site. This was a “brownfield” redevelopment involving Ohio environmental clean-up PORT Authority bond funds and an Ohio EPA loan.
  • Represented regional health care system in its acquisition of an existing facility located on a 70-acre campus, which involved the negotiation of a complex separation plan and master services utility agreement to address the cost allocation and separation of electricity, chilled water, compressed air and steam for the facility and the portion of the property retained by the seller.
  • Represented senior living private equity group in its purchase of multiple senior living facilities totaling over $175 million in facility acquisitions.

Labor Law & Personnel Issues

Our labor and employment lawyers represent numerous employers who provide senior living assistance, both at home and facility-based. We are familiar with and regularly advise clients on the full range of employment-related issues that arise in this area, including:

Relevant Experience
  • Wage and hour issues, including travel time, timekeeping, automatic lunch deductions, and classification issues.
  • Trade secret and non-competition issues, including drafting and litigating restrictive covenants.
  • Advice concerning compliance with applicable nondiscrimination laws, including analysis of accommodation requests under the Americans with Disabilities Act.
  • Investigation of complaints by employees or involving employee conduct, including harassment claims and patient claims.
  • Our union avoidance team has provided supervisory training to our non-union clients, and we have also successfully represented clients in situations where employees are considering union representation.
  • Negotiating collective bargaining agreements, as well as discipline and contract interpretation arbitrations under existing collective bargaining agreements.

Health Care Finance & Restructuring

FBT represents health care providers in a wide variety of public and private financings. The firm has acted as bond counsel for the issuance of tax-exempt debt, as borrower’s counsel under master indenture and credit agreements, and as counsel for lenders and borrowers in commercial real estate financing for construction loan and permanent loan transactions. We also take pride in finding practical solutions to restructuring needs. Our attorneys have a broad range of experience in the fields of creditors’ rights, insolvency, workouts, corporate reorganizations, and corporate liquidations.

Relevant Experience
  • Advised and assisted non-profit and governmental unit skilled nursing and senior living licensees in the procurement of FEMA emergency funding for COVID-19 related expenses.
  • Leveraged federal low-income housing tax credits and Medicaid reimbursement to help multiple developers finance, construct and operate affordable assisted living projects in three states.
  • Represented borrowers in several jurisdictions in specialty financing for skilled nursing and assisted living facilities, including serving as lead or local counsel in approximately 50 HUD health care facility loan transactions.

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April 9, 2018 | Blogs

“Grandma’s tremors appear to have gotten worse lately. She mentioned she wants to try ...

SB 273 – New Limits on Opioid Prescriptions Change the Game for West Virginia Hospitals and Physic...

April 5, 2018 | Blogs

On March 27, 2018, Governor James C. Justice signed SB 273, which among other dramatic actions lim...

Medical Marijuana plant stethescope and seeds
Ohio Physician Alert: Application Available to Become Certified to Recommend Medical Marijuana

March 20, 2018 | Blogs

Ohio doctors can now apply to become certified to recommend medical marijuana for treatment. The O...

"Part 2"
10 Ways to Avoid Losing your Medical License: Part II

March 14, 2018 | Blogs

This is the second article in a three-part series designed to inform physicians and other health c...

"Part 1"
10 Ways to Avoid Losing your Medical License: Part I

February 23, 2018 | Blogs

This is the first article in a three-part series designed to inform physicians and other health ca...

West Virginia Rolls Out Comprehensive Opioid Response Plan

February 20, 2018 | Blogs

The response at the federal and local level is rapidly evolving to meet the overwhelming need to s...

Medical Marijuana growing in greenhouse
West Virginia Continues Cultivation of Medical Cannabis Rules

February 7, 2018 | Blogs

The West Virginia Medical Cannabis Advisory Board (“Advisory Board”) met on February 6...

Direct Primary Care – New Delivery Model Gains Traction

February 1, 2018 | Blogs

"Direct Primary Care,” or DPC, is a patient care delivery model gaining attention and some d...

Ohio Hospitals: Are You Ready for Medical Marijuana?

January 31, 2018 | Blogs

Physicians interested in recommending medical marijuana are already completing the two hours of co...

Hand Holding Stethoscope
eNLC Means More Nurses Practicing Telehealth Across State Lines

January 30, 2018 | Blogs

Down goes a jurisdictional barrier to telehealth: Nurses interested in expanding their practice ca...

New Medicare Bundle Promotes Care Coordination to Achieve Increased Quality, Lower Spending

January 26, 2018 | Blogs

The Center for Medicare and Medicaid Innovation (CMMI) announced January 10 a new, voluntary bundl...

Health Care Models of the Future (Hint: They Include Nurse Practitioners!) and, 5 Tips for Hiring Nu...

January 18, 2018 | Blogs

CVS Health announced plans to buy Aetna last month in a $69 billion deal that the New Yo...

Trump Administration Encourages States to Implement Medicaid Work Requirements

January 12, 2018 | Blogs

On the day President Trump was inaugurated, he nominated Seema Verma, a healthcare consultant from...

Medical Marijuana growing in greenhouse
Green Grass in the Bluegrass: Kentucky’s Medical Marijuana Law

January 12, 2018 | Blogs

To Kentucky, the grass must have literally been greener on the other side. After Kentucky law...

Medical Marijuana medicine capsule
Dramatic Shift in Federal Enforcement Priorities Related to Legalized Marijuana Use

January 5, 2018 | Blogs

In November of 2017, United States Attorney General Jeff Sessions announced that the Department of...

Repeal of Obamacare’s Individual Mandate – Significant, or Not?

January 4, 2018 | Blogs

The individual mandate (i.e., that every American must have health insurance coverage or pay a pen...

Comments Requested in New West Virginia Medical Cannabis Rules

December 21, 2017 | Blogs

On December 14, 2017, the West Virginia Medical Cannabis Advisory Board announced: (1) the results...

Kentucky Supreme Court rules for employers on maximum prices for prescription drugs under Kentucky w...

December 15, 2017 | Blogs

The Supreme Court of Kentucky held in an opinion issued August 24, 2017 that Kentucky’s regu...

Kentucky Federal District Court Allows Claims in Data Breach Class Action to Proceed: Implications f...

December 14, 2017 | Blogs

The fallout from the seemingly endless W-2 phishing scams continues to be felt.

Medical Marijuana plant stethescope and seeds
Last-Minute Tips for Ohio’s Medical Marijuana Processor Applicants

December 4, 2017 | Blogs

It’s already a stressful time of year, but for those vying for a license to convert marijuan...

CMS’ Cuts to the 340B Drug Payment Program Cause Hospital Uproar

December 1, 2017 | Blogs

The Centers for Medicare and Medicaid Services (CMS) recently released a Final Rule that will cut ...

Medical Marijuana medicine capsule
Carefully Navigate Shifting Sands of Federal Enforcement Priorities Related to Medical Marijuana

November 30, 2017 | Blogs

Under the Obama administration, the Department of Justice (DOJ) placed a low priority on pursuing ...

Kentucky Department for Medicaid Services Proposes Amended Managed Care Regulations

November 29, 2017 | Blogs

On November 13, 2017, the Kentucky Department of Medicaid Services (DMS) filed amendments to nearl...

OSHA Electronic Submission Deadline Extended

November 29, 2017 | Blogs

OSHA recently announced that employers now have until December 15, 2017 to electronically submit t...

New Tax Bill Threatens Important Tax-Exempt Bond Provisions

November 13, 2017 | Blogs

Although it is still very early in the tax reform process, provisions in the House tax bill propos...

Final CMS Rules Draw Praise and Contempt from Hospitals

November 7, 2017 | Blogs

November 1 was the “last chance” for the Centers for Medicare and Medicaid Services (C...

Top Takeaways for Medicare Physician Payments in 2018

November 7, 2017 | Blogs

Last week, the Centers for Medicare & Medicaid Services (CMS) released two final rules that wi...

Medical Marijuana Laws: "Part 1"
Doctors and Ohio’s Medical Marijuana Law: A Physician’s Guide to Cannabis Compliance

October 31, 2017 | Blogs

Ohio physicians interested in treating patients with medical marijuana need to understand their ob...

Prescription: "RX"
A Multi-Pronged, Proactive Approach to the Opioid Crisis

October 30, 2017 | Blogs

On October 26, 2017, President Trump declared the Opioid Crisis a “public health emergency,&...

Impact on Employers of Presidential Executive Orders Regarding Affordable Care Act

October 18, 2017 | Blogs

October 12, 2017, was an eventful day for the Affordable Care Act (ACA) because of two executive o...

President Trump’s Executive Order Signals Policy Change on Short Term Medical Insurance

October 17, 2017 | Blogs

Short Term Limited Duration Insurance On October 12, 2017, President Donald Trump issued an Execu...

Substance Abuse Alert: West Virginia Expands Medicaid Program to Cover Naloxone Treatment, Methadon...

October 13, 2017 | Blogs

In 2015, West Virginia experienced the highest rate of deaths due to opioid overdoses in the Unite...

Dos and Dont’s for Providers Under Investigation

October 13, 2017 | Blogs

As we all know, health care providers such as physicians, nurse practitioners, and registered nurs...

Tort Reform Hits Kentucky! But – Does “Reform” Mean “Improvement?”

September 20, 2017 | Blogs

“Tort reform” has been a buzzword in the news and legal communities for some time. Wha...

Closing Window for Physicians to Earn Medicare Bonuses Based on 2017 Performance

September 20, 2017 | Blogs

For most physicians with significant Medicare business, October 2 marks the beginning of the last ...

Medical Marijuana Laws: "West Virginia"
West Virginia Physician Alert: Remember, You Are Recommending Medical Marijuana, Not Prescribing It.

September 8, 2017 | Blogs

In West Virginia, medical marijuana will soon be a treatment option for physicians and patients, a...

Medical Marijuana Laws: "Ohio"
Ohio Physician Alert: Remember, You Are Recommending Medical Marijuana, Not Prescribing It.

August 16, 2017 | Blogs

Ohio’s medical marijuana program is set to begin just a little over a year from now. The pro...

What is the OIG Exclusion List, and How Could It Affect Your Practice?

August 2, 2017 | Blogs

The Office of the Inspector General (OIG) of the U.S. Department of Health & Human S...

Medical Marijuana Takes Root in West Virginia

July 12, 2017 | Blogs

West Virginia is the 29th state to authorize medical marijuana use.

Tips for Ohio’s Medical Marijuana Business Applicants

July 11, 2017 | Blogs

Only 13! That is the percentage of applicants who will ultimately receive an Ohio medical marijuan...

New Kentucky Laws on Schedule II Drug Prescriptions

June 26, 2017 | Blogs

Kentucky providers with prescriptive authority take note: beginning June 29, 2017, new laws (HB 33...

You’ve Been Investigated by the Department of Health. Now What?

June 12, 2017 | Blogs

In many states, an investigation into a healthcare provider’s license by the Department of H...

What You Should Know Before You Agree to Licensure Discipline: Is It Reportable to the National Prac...

June 11, 2017 | Blogs

The National Practitioner Data Bank, or NPDB, is a repository of information created by the f...

Medical Marijuana growing in greenhouse
The Green Rush is on: Don’t be left out!

May 4, 2017 | Publications

Many will apply, few will win. The race is on for prospective cultivators to present the best case p...

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Jim Catalano and Alexandria Fisher Join Frost Brown Todd in Nashville

April 20, 2017 | Press Releases

Frost Brown Todd (FBT) announces the addition of Member James P. Catalano and Senior Associate Alexa...

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Changes to Ohio Pharmacy Laws Bring New Requirements for Pharmacy Technicians

April 20, 2017 | Publications

On April 6, 2017, Ohio Senate Bill 319 repealed R.C. 4729.42, which controlled Ohio’s process ...

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Frost Brown Todd Appoints 11 New Members

April 12, 2017 | Press Releases

Frost Brown Todd (FBT) announces the appointment of 11 new members across the firm’s eight-sta...

Ohio Cultivates Marijuana Dispensary Rules as White House Sends Smoke Signals of Approval

March 20, 2017 | Blogs

President Trump said he was “100 percent” in favor of medical marijuana during his cam...

ACA Nondiscrimination Casts Wide Net, But Portion Has Been Enjoined

March 7, 2017 | Blogs

The Department of Health and Human Services (HHS) released final regulations on Section 1557 of the ...

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Huge Payday for Insurance Company under the Affordable Care Act’s Exchanges

March 7, 2017 | Publications

$214 million dollars. That was the amount a Court of Federal Claims judge recently decided the gover...

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What will Happen to the Affordable Care Act Under a Trump Administration? (Part 2)

February 16, 2017 | Publications

Throughout his presidential campaign, Donald Trump vowed that one of his very first acts upon taking...

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Ohio Releases Proposed Rules for Medical Marijuana Processors

January 31, 2017 | Publications

Cultivators will farm it. Dispensaries will sell it. But, how will Ohio’s medical marijuana ge...

Medical Marijuana growing in greenhouse
High Street Releases Proposed Rules for Ohio’s Medical Marijuana Cultivators

January 23, 2017 | Blogs

Ohio’s medical marijuana regulations are budding. Ohio recently released proposed rules for ...

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High Street Releases Proposed Rules for Ohio’s Medical Marijuana Cultivators

January 23, 2017 | Publications

Ohio’s medical marijuana regulations are budding. Ohio recently released proposed rules for cu...

Highlights of Medical Marijuana Proposed Rules for Ohio Dispensaries and Physicians

December 20, 2016 | Blogs

On December 15, 2016, the Ohio Board of Pharmacy posted its proposed rules governing the operation...

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What will Happen to the Affordable Care Act Under a Trump Administration? (Part 1)

December 20, 2016 | Publications

Throughout his presidential campaign, President-Elect Donald Trump criticized President Obama’...

Highlights of Medical Marijuana Proposed Rules for Ohio Dispensaries and Physicians

December 20, 2016 | Publications

On December 15, 2016, the Ohio Board of Pharmacy posted its proposed rules governing the operation o...

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NCOIL Addresses Proposed Amendment to Limited Lines Travel Model Act; NAIC Travel Insurance (C) Work...

November 30, 2016 | Publications

The National Conference of Insurance Legislators (NCOIL) has proposed to amend the NCOIL Limited Lin...

Ohio’s Medical Marijuana Law

October 3, 2016 | Blogs

“Let’s get together and feel alright” sang the Ohio legislature to those sufferi...

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Ohio’s Medical Marijuana Law

October 3, 2016 | Publications

“Let’s get together and feel alright” sang the Ohio legislature to those suffering...

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Brian Higgins Joins Frost Brown Todd’s Health Law Practice in Cincinnati

August 26, 2016 | Press Releases

Frost Brown Todd announces that Associate Brian F. Higgins has joined the firm’s Health Law pr...

168 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2017

August 15, 2016 | Press Releases

Frost Brown Todd (FBT) would like to congratulate the firm’s 168 attorneys recognized in the 2017 ...

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Trick or Treat – The impact of IMPACT: New Reporting Requirements for Post-Acute Care Provider...

July 12, 2016 | Publications

Beginning in October of this year, the IMPACT Act requires that Post-Acute Care (PAC) providers subm...

Ohio Nursing Home Relocation – Do It Now or Wait Until 2020

May 9, 2016 | Publications

The International Olympics.  FIFA’s World Cup.  The U.S. Presidential Election.  Big things hap...

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Michael Nitardy Earns Global Standard Certification for Privacy Laws

April 28, 2016 | Press Releases

Frost Brown Todd (FBT) Florence Member Michael Nitardy has earned the Certified Information Privacy ...

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Health Care Attorney James Dietz Joins Frost Brown Todd’s Regulated Business Practice

February 15, 2016 | Press Releases

Frost Brown Todd (FBT) is pleased to announce that James (Jim) Dietz, formerly with DBL Law, has joi...

OCR’s HIPAA Enforcement Actions Against Oncology Group for Failure to Have a Policy on Hardware an...

October 21, 2015 | Publications

An oncology practice in Indiana has to pay a $750,000 fine to the Office of Civil Rights (OCR) of th...

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William George elected President of the Children’s Advocacy Center of the Bluegrass

August 3, 2015 | Press Releases

Frost Brown Todd (FBT) is pleased to announce that William (“Bill”) George, an attorney ...

65 Frost Brown Todd Attorneys Recognized in 2015 Chambers USA®

May 19, 2015 | Press Releases

Chambers and Partners® has recognized 65 of Frost Brown Todd’s attorneys and 12 of its practice a...

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Ohio State Bar Foundation Honors Chad N. Eckhardt for Community Service

March 16, 2015 | Press Releases

Chad N. Eckhardt, managing associate at Frost Brown Todd in Cincinnati, will receive the Ohio State ...

Protected: Cap Lifted: New Dispensary Opportunity for Ohio’s Medical Marijuana Market

March 12, 2015 | Blogs

There is no excerpt because this is a protected post.

Will your business be financially responsible for cyber attack losses?

February 19, 2015 | Publications

Businesses are becoming increasingly concerned with cybersecurity as their reliance on technology an...

26 Frost Brown Todd Attorneys Recognized in Indiana Super Lawyers® and Four Recognized in Indiana R...

February 13, 2015 | Press Releases

Frost Brown Todd is pleased to announce that 26 of its attorneys have been recognized by Indiana Sup...

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FBT senior associate Daniel Mudd selected to Louisville Sports Commission’s Athletic Boosters Comm...

February 12, 2015 | Press Releases

Frost Brown Todd attorney Daniel Mudd has been appointed member of the newly created Athletic Booste...

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Governor Beshear reappoints Bill Robinson to the Kentucky Development Partnership Board

January 26, 2015 | Press Releases

Wm. T. (Bill) Robinson III, Member-in-Charge of the Florence offices of Frost Brown Todd LLC, has be...

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Billy Mabry returns to Frost Brown Todd

January 15, 2015 | Press Releases

Billy Mabry has joined Frost Brown Todd’s Louisville office as part of the firm’s regula...

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Geoff White New Member-in-Charge at Frost Brown Todd Louisville

January 14, 2015 | Press Releases

Geoff White has been named member-in-charge of Frost Brown Todd’s Louisville office. White suc...

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Frost Brown Todd appoints six new members firmwide

January 5, 2015 | Press Releases

With the new year underway, Frost Brown Todd (FBT) is pleased to announce the appointment of six new...

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Eman Al-Khadra, M.D. v. Cincinnati Children’s Hospital Medical Center and Hector Wong, M.D.

June 16, 2011 | Experience

Plaintiff Eman Al-Khadra, M.D. pursued to trial claims against her employer, Cincinnati Children’s...

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Freedom-to-Practice: Oncology Drug

April 13, 2011 | Experience

Steven J. Goldstein and Karlyn A. Schnapp provided numerous patent freedom-to-practice and invalidit...

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International Nursing-Home Operator Chooses Frost Brown Todd to assist on $100 million, 17 property ...

January 1, 2011 | Experience

In 2011, an international nursing home operator turned to Frost Brown Todd to close a $100 million p...

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Merit Health Systems Credit Facility

September 11, 2006 | Experience

Acquisition of a facility that refinanced various loans for the Merit San Antonio group of hospitals...

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Ventas Acquisition of 72 Senior Care Facilities

August 4, 2006 | Experience

Local counsel was needed during Ventas’ acquisition of 72 senior care facilities in 16 st...

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Merit Health Systems Acquisition of Medical Center of Lancaster

November 12, 2004 | Experience

Merit Health Systems needed representation during the purchase of the Medical Center of Lancaster, a...

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Louisville/Jefferson County Metro Government Health Facilities Revenue Bonds

September 1, 2004 | Experience

FBT helped to close the $63,000,000 bond, the second in two years.

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