The New York State Attorney General (the ”AG”) recently issued new standards of review for the sale of all or substantially all assets of not-for-profit nursing homes which should be of keen interest to both not-for-profit providers and prospective for-profit purchasers. See http://www.charitiesnys.com/pdfs/NursingHomeSales.pdf (the “Guidance”). After noting the significant increase in efforts to sell nonprofit
Kathy Hirata Chin is a partner at Crowell & Moring’s New York office. Kathy concentrates her practice in health care and real estate litigation. Kathy has successfully represented individual health care providers and associations of such providers in challenges to actions taken by state and federal agencies, including multiple suits regarding Medicaid reimbursement issues. Kathy has also defended an international dialysis services provider against RICO claims in federal court based on allegedly fraudulent billing activity; represented a pharmaceutical services provider in a billing dispute with a chain of nursing homes; defended home health agencies in suits brought by employees pursuant to the Fair Labor Standards Act; and represented other providers and associations of providers as plaintiffs and defendants in a variety of matters in federal and state court involving issues ranging from contract interpretation to cash receipts assessments to the federal Individuals with Disabilities Education Act.