Ms. Adams' practice is devoted to representation of clients in the health care sector with respect to corporate and regulatory issues, including long-term care and assisted living facilities, continuing care retirement communities (CCRCs), ambulatory surgery centers (ASCs), and hospitals. In particular, Ms. Adams' practice focuses on certificate of need (CON) issues, health facility acquisitions and other changes of ownership, including related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management and operating agreements, assisted living licensure matters, and health care joint ventures.
While in law school, Ms. Adams was executive editor of the Wayne Law Review.
Experience
Change of ownership (CHOW) of large chain organization skilled nursing facilities and nursing homes, including Medicare and Medicaid enrollment, CMS 855A registration, licensure and certification survey issues, CMS regional office approvals and Medicare Tie-in notices, Medicare intermediary matters, State Medicaid enrollment and certification, licensure issues and risk assessment
Start up and change of ownership (CHOW) of ambulatory surgery centers (ASCs) including certificate of need (CON) requirements, CON applications, and CON appeals, BCBSM evidence of necessity (EON) applications and approvals, timing for ASC accreditation through JCAHO, AAAHC or other accrediting organizations, assistance with MDCH construction plan review and permit process, and initial certification surveys
Appeals of adverse determinations by Medicare as to the effective date of Medicare and Medicaid certification for change of ownership (CHOW) or initial Medicare certification of health care facilities, including applicable Life Safety Code (LSC) compliance and certification issues for hospitals, skilled nursing facilities (SNFs) and ASCs
ASC buy-outs and restructuring transactions including compliance with state and federal anti-kickback laws and requirements, disclosure requirements, and related regulatory impact of reorganization
Certificate of need (CON) applications for acquisition, replacement and relocation of acute care and psychiatric hospital beds, nursing home beds (including CON approvals for special population beds for Alzheimer residents, hospice use or special religious needs), nursing home “green house” and new model design projects, Facility Innovative Design Supplement (FIDS) program issues under the Michigan Medicaid program
CON applications and representation as to CON covered clinical equipment, including CT scanner, MRI units, megavoltage radiation therapy (MRT) units and services, surgical services/operating rooms (hospital and ASC), diagnostic and therapeutic cardiac catheterization labs and rooms, open heart surgery programs, and PET scanners
CON appeals and representation of clients before the Michigan CON Commission and Standard Advisory Committees, membership on various CON informal task forces and CON workgroups, advise and counseling regarding development of CON strategies, including modifications to current CON Standards, preparation of CON position papers and related documents
Representation of long-term care and nursing home clients with respect to Medicare certification for skilled nursing facilities (SNFs), SNF operational and compliance issues, including assistance with development of SNF compliance programs and materials consistent with applicable OIG guidance and anti-fraud provisions of the Deficit Reduction Act (DRA)
Nursing home/SNF management contracts and operational agreements, including management agreements for county medical care facilities, representation of REITs regarding nursing home/SNF properties and management issues, including regulatory matters related to foreclosure and termination of leases for nursing home/SNF operators/lessees
Assisted living licensure issues, including regulation of nonlicensed assisted living facilities, development of assisted living contract, including food service contracts, personal care services agreements/private duty nursing service agreements, home for the aged (HFA) licensure and licensure of facilities as adult foster care facilities
Continuing care retirement communities (CCRCs) including initial registration under the Living Care Disclosure Act, disclosure statements, residency agreements, annual CCRC registration, operational issues, discrimination issues for CCRCs under the federal Fair Housing Act and applicability of state landlord-tenant and other laws
Imaging contracts and joint ventures including mobile routes and mobile imaging services for MRI, CT and PET scanning units; management contracts and operating agreements for management or operation of imaging centers and services; IDTF enrollment and requirements, initial certification of IDTFs and CMS 855B applications for IDTF billing
Acquisition of psychiatric hospitals, psychiatric hospital licensure and certification issues, preparation of CON applications related to addition of new psychiatric hospital beds, relocation of existing hospitals and services, and replacement psychiatric hospital facilities
Licensure and certification issues related to hospitals and nursing home facilities in Chapter 11 bankruptcy proceedings, coordination of nursing home facility closures and transition to closing, disposition of nursing home beds from nursing homes/SNFs subject to closure action, including disposition of CON, de-licensure and de-certification from participation in Medicare and Medicaid
Medicare provider-based determinations and issues and related licensure and compliance issues under State law for hospital outpatient departments and services, including surgical services and outpatient freestanding surgical outpatient facility requirements
State Work Groups and Task Forces
Michigan Department of Community Health, Office of Public Health Preparedness, Long-term Care Task Force, 2007
CON Commission Informal Workgroup on Psychiatric Beds and Services, June November 2006
MAHSA Continuing Care Policy Council, 2004 Current
MAHSA Task Force on Assisted Living Regulation, 2006
MAHSA Task Force on CON Standards for Nursing Homes, 2006
MAHSA Task Force on Regulation of Continuing Care Retirement Communities (CCRCs), 2006
CON Special Task Force on CON Standards, 2002
Seminars and Speeches
Imaging Contracts: New Issues and Legal Challenges, HFMA Great Lakes, April 2007
CON Commission Update, Michigan Association of Homes and Services for the Aging (MAHSA), December 2006 Leadership Conference
The Deficit Reduction Act: Change in Medicaid Financing for Long-Term Care, Michigan Association of Homes and Services for the Aging (MAHSA), December 2006 Leadership Conference
Pandemic Flu Preparedness for Long-Term Care Facilities, Michigan Association of Homes and Services for the Aging (MAHSA), October 18, 2006
Michigan Certificate of Need Compliance and Enforcement Issues, Michigan State Bar, Health Law Section, in conjunction with Jan Christensen, Deputy Director of Policy, Michigan Department of Community Health, March 2006
CON Compliance and Enforcement Update, HFMA Great Lakes, March 2006
ASC Compliance Programs - Getting Started, Michigan Ambulatory Surgery Association, September 2005
Ambulatory Joint Ventures, HFMA Michigan Fall Conference 2005, October 2005
Michigan Supreme Court to Rule on Property Tax Exemptions - MAHSA Amicus Curiae Brief, Michigan Association of Homes and Services for the Aging (MAHSA), August 2005 (Amicus Curiae Brief prepared by Dykema Gossett)
Hospital/Physician Joint Ventures: An Ambulatory Survey Center Case Study, HFMA Great Lakes, April 2003
Corporate Affiliations and Reorganizations, HFMA Great Lakes, April 2002
Federal Medicare/Medicaid Antifraud Statute, Regulations and Safe Harbors: An Educational Program for Large Physician office Practices, Medical Office Managers Association, October 2003
Incorporating CON Compliance Issues into Provider Compliance Programs, Michigan Society of Healthcare Planning and Marketing (MSHPM), November 2001
Point and Counterpoint Discussion on How the CON Program Addresses Cost, Quality and Access, MDCH 35th Annual Health Facilities Planning Seminar, in conjunction with Alliance for Health, October 2001
CON Commission Update and NH Standard Advisory Committee, Michigan Association of Homes and Services for the Aging (MAHSA) Spring Conference, April 2007
Professional Associations
American Bar Association (Health Law Section)
State Bar of Michigan (Health Law Section)
American Health Lawyers Association (AHLA)
Healthcare Financial Management Association, Eastern Michigan Chapter
Michigan Association of Homes and Services for the Aging (MAHSA)
Michigan Society of Healthcare Planning and Marketing (MSHPM)
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