Attorney Profile

Loretta G. LeBar

1989, Widener University College of Law, Wilmington, DE, Juris Doctor, cum laude
Licensed to Practice in New York, Delaware, Texas, Kentucky and Utah. Current client base covers 41 states.

Twenty-five years of experience in health care, compliance, administrative/regulatory, employment, and general business law to clients nationwide. LeBar takes a proactive approach to legal services while understanding the client's needs and delivering tailored solutions. Handle wide range of health law compliance and business issues and currently work with clients dealing with issues with regulators in over 41 states involving Long Term Care, Medicare and Medicaid Reimbursement, licensing, and general regulatory/administrative law issues. Advise on the legal needs of the long-term care industry as they navigate through the many corporate laws and regulations mandated for licensing, Medicare and Medicaid certification as well as reimbursement, certificate of need, human resources, advertising, and consumer protection. Currently certified as a Health Care Compliance professional and have implemented and prepared several compliance program plans for publicly and privately held companies and counsel for health care providers currently under a Corporate Integrity Agreement. Served as IPO regulatory counsel for several Wall Street financial underwriters taking a national senior living company having more than 380 facilities public. Travel throughout the US conducting due diligence for mergers and acquisitions, evaluating systems, regulatory compliance, policies, and procedures and perform risk analysis of operations in Long Term Care Facilities, Home Health, Hospice, Physician Practices, Durable Medical Equipment, and Pharmacy. Prepare change of ownership documents and play a major role in many startup operations in many different health care disciplines, including pharmacies, long-term care facilities and home health agencies. Also provide day to day advice on issues ranging from general business to employment matters, training, and development to a variety of companies.

Participated in the drafting of assisted living laws in Delaware, Texas, and Alabama and worked on Tort Reform in Florida and Texas. Continue to represent individual and corporate health care providers before various state professional licensing boards defending licenses, etc. LeBar continues to work with clients to determine their survey readiness before the surveyors arrive and keeps clients in compliance with OBRA and state regulations while teaching clients how to manage the survey process.

While a Deputy Attorney General in Delaware prosecuted health care professionals before the Boards of Pharmacy, Health, Medicine, Pharmacy, Nursing Home Administrators, Dentists, Chiropractors, Nurses, Veterinary and Social Workers. Counsel to Delaware's first Ethics Commission, and counsel to the Board of Social Workers, Board of Plumbers, and the Commission on Radioactive Materials. Also was Delaware's first "AIDS" attorney with the responsibility of training all court personnel on the issues surrounding AIDS and the judicial system. Also the attorney for the Delaware State Hospital and Delaware's long-term care facilities. Drafted many laws and regulations, some that have served as models in many states across the country such as those for the involuntary commitment of individuals with tuberculosis and revised the state's involuntary commitment laws. Provided day-to-day counsel to the division responsible for health care facilities' licensing and certification. Participated in the review and prosecution of regulatory deficiencies, the investigation of complaints, facility plan reviews and the promulgation of regulations. Worked closely with federal representatives of HCFA, now CMS, and the US Department of Justice and the Delaware Medicaid Fraud Unit. Successfully represented the state in a major judicial challenge to the Certificate of Need Board ruling. Presently successfully represent health care professionals and companies before the US Department of Justice when being targeted for both civil and criminal violations of various reimbursement regulations and false claim submission.

Other assistance to operations improvement includes campus/community repositioning, organizational restructuring, program efficiency assessment, staffing review by department, service delivery relating to resident contracts and agreement, appropriate pricing for level of care services, cost containment opportunities by department, and developing benchmarking of key operational indicators.

Have served as Sr. Vice President of Regulatory Compliance and Quality Assurance for a nursing home company with fifteen facilities in Kansas and Nebraska; provide legal advice to a publicly traded long term care company with facilities in twenty-six states; and am Corporate Compliance Officer for an assisted living company with fifteen facilities in Minnesota and Wisconsin. In addition, presenting working with a national long term care expert in getting funding and developing a long term care facility in northern California and assisting in raising capital for the final stages in bringing a medical device through research and into the market. Lastly, provide due diligence on regulatory and operational review of long term care facilities for public traded REIT and investment brokers.

Member of hcPRO's Editorial Advisory Board on Long Term Care Publications.
2009, October, Presenter on the topic of Survey Success before the Oklahoma Assisted Living Association.
2009, January, Presenter for the National Constitutional Conference on Negotiated Risk Agreements in Long Term Care.
Awarded membership in the College of the State Bar of Texas, 2008. This is an honorary society of the best trained Texas lawyers. Members are qualified attorneys who are interested in both high ethical standards and improved training for all Texas attorneys.
2007, September, Defense Research Institute, Presenter, The Assisted Living and Nursing Home Industry Today.
2007, July, Kentucky Assisted Living Association, Presenter, The Unionization of the Long Term Care Industry.
2007, July/August, Assisted Living Executive, Tools to Help Weather Annual Surveys
2007, June, Medical News, Interviewed Regarding the Changing Long Term Care Industry and the Needs of Aging America. Compliance and Business Investors
2007, June, Assisted Living Executive, Author, Survey Challenges Ahead for Assisted Living Industry
2007, June Nursing Home Malpractice: Evaluating and Addressing Accountability, NBI
2007, May, Spring Conference Presenter, South Carolina Residential Care Homes Association, Significant Healthcare Litigation
2007, June, NBI, Presenter, Special Litigation Techniques for Nursing Homes
2007, May, Advance Magazine for Long Term Care Management, The Coverage (Insurance) Gap
2007, April, Oklahoma Assisted Living Association, Presenter, Winning at the Survey Game
2007, February, Assisted Living Management Report, Interview Relating to Operational Risk Management
2006, July/August, Assisted Living Executive, Aimed at Improving Quality Care, Training Laws Put Onus on Providers
2006, June, Medical News, Interview with State Officials – Certificate of Need Status
2006, June, Assisted Living Executive, Making Experts of Front Line Staff
2006, May, Assisted Living Executive, Deficit Reduction Act Impact on Long-Term Care
2006, February, Medical News Editorial, Author, KY Summit on Pandemic Flu Preparations
2006, Contributing Author for the Indiana Assisted Living Association Newsletter
2006, January, Assisted Living Executive, Author, Finesse Required When Addressing Family and Resident Issues
2006, January, Arizona Assisted Living Association, Presenter, Stakeholders' Participation in Regulation Revisions
2005, December, Fayette County Bar Association, Presenter, Long Term Care Facilities and Regulatory Compliance
2005, November, National Business Institute, Writer and Presenter, Protecting Our Elderly: Assessing Nursing Home Malpractice Accountability in Kentucky
2005, November, American Association of Homes and Services for the Aging, Presenter, Mediation and Arbitration, Rational Alternatives to Lawsuits
2005, November, Oklahoma Assisted Living Association, Keynote Speaker, Survey Management; Inspiring and Retaining Employees in the Long Term Care Industry
2005, September, co-author of "With Arbitration, Resident Disputes Are Resolved Faster, Cheaper" in Assisted Living Executive
2005, September, Protecting Our Elderly: Assessing Nursing Home Malpractice Accountability in KY
2005, July, Idaho Health Care Association, Speaker, "Winning Surveys"
2005, Summer, Indiana Assisted Living Association, Winning the Survey Game
2005, Spring, Kentucky Assisted Living Care Association, the Hot Legal Issues in Kentucky Assisted Living and Personal Care Environment.
2005, Author and Speaker, Delaware State Bar Association, Health Law Section, "Current Litigation Trends in Nursing Homes Using Federal Regulations as Roadmaps for Plaintiffs"
2005, Author and Speaker, Assisted Living Federation of America, Spring Annual Conference, "Optimizing Performance for Deficiency Free Surveys"
2005, Author and Speaker, Stoll Keenon and Park Winter Conference for Kentucky Nursing Homes, "Preparing for Medicare Part D"; "Winning at the Survey Game"
2005, Author and Speaker, KALFA Annual Conference, "Current Trends in Assisted Living Law"
2005, Author and Speaker, AZALFA Annual Conference, "Defensive Documentation" and "Winning at the Survey Game"
2005, Author and Speaker, NAPA Annual Meeting, "Pressure Sore Guidelines and Impact on Litigation - The New Rules"
2004, Author and Speaker: Arizona Assisted Living Federation of America, Mid-Year Conference, "Survey Success"
2004, Author and Speaker: Kentucky Assisted Living Association Personal Care Homes, Regulatory Workshop, "Understanding Powers of Attorney and Legal Guardianship"
2004, Spring, Author and Speaker: KALFA, Kentucky Assisted Living Facilities Association, Annual Conference, "Kentucky's Assisted Living Industry and Deception and Fraud Avoidance"
2004, Spring, Author and Speaker, Washington Health Care Association, Annual Conference, "How to Draft a Plan of Correction" for Long Term Care Facilities
2004, Spring, Author and Speaker, Washington Health Care Association, "Defensive Documentation for Nursing Homes"
2004, Spring, Author and Speaker. Stoll, Keenon & Park, LLP, Fifteenth Annual, Conference "Medicare Modernization Act of 2003"
2003, Spring, Author and Speaker, ALFA, Assisted Living Federation of America, Annual Conference, Chicago, "Arbitration Agreements in Assisted Living"
2003, Spring, Author and Speaker, The Assisted Living Federation of America (ALFA) "Legal Ramifications of Nurse Delegation"
2003, Spring, Author and Speaker, The Texas Association of Homes and Services for the Aging, annual conference, "Risk Management and OSHA's Ergonomic Guidelines"
2003, Fall, Author and Speaker, The Texas Assisted Living Association, annual conference, "Arbitration and Assisted Living Contracts"
2003, Fall, Author and Speaker, The Pennsylvania Assisted Living Association, annual conference, "Managing Risk in Assisted Living
2002, Fall, Author and Speaker, The Texas Assisted Living Association annual conference, "Risk Management in Assisted Living Facilities"
2001, Spring, Speaker, Kentucky Assisted Living Facilities Association Conference, Negotiated Risk Agreements
2001, Spring, Speaker, Assisted Living Facilities of America National Conference on State Regulatory Changes
1999, Spring, Speaker, Kentucky Association of Senior Housing, Helping Financially Troubled Facilities
1998, Spring, Speaker, Medicare and Medicaid Fraud and Abuse, Ostomy and Incontinence Nurses Conference, Salt Lake City, Utah
1992-1997, Speaker, Involuntary Commitment Statutes, Delaware State Police
1993, Speaker, Freedom of Information Act, Delaware State Medical Office Conference Executive Staff
Adjunct Professor, Administrative Law, Wilmington College Graduate School of Public Administration (1992-1997)
Adjunct Professor, Employment Law, Wilmington College Graduate School of Public Administration (1991-1992)
Adjunct Professor, Business Law, Wilmington College Graduate School of Business (1991-1997)
Contributing Editor, Delaware Bar Association Health Law Letter (1996-1997)
Editor, Greenebaum, Doll and McDonald, Health Law Newsletter (1998)
Article, Reflections on Providing Aid, Delaware Lawyer (April, 1997)
Article, States Look for Due Diligence in Staffing, Provider Magazine, American Health Care Association (Sept. 1997)
Presenter, State Boards of Professional Regulation and Licensing Membership Training on Ethics (1992-1993)
Panelist AIDS in the Workplace, The Court of Common Pleas, Delaware (1990)
Panelist, Long-Term Care and Patient Negligent and Abuse, Delaware
Department of Health and Social Services (1993-1995)
Drafted Delaware's First Involuntary Commitment Statute for Individuals Refusing Treatment for Tuberculosis; sat on provider related committee for the development of Alabama's assisted living regulations and Texas assisted living regulations

Bars, Memberships, and Associations

LeBarLaw LLC
38 Cooper Street
Lake George, NY 12845