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  • Education
    • J.D., magna cum laude, University of Illinois College of Law, 1999, Elder Law Journal, Member; Frederick Green Moot Court Bench
    • A.B., cum laude, Duke University, 1996
Jason Lundy concentrates his practice on long-term care. He strategically guides health care providers through fast-changing and uncertain regulatory environments. When disputes arise, he aggressively defends providers in administrative and civil litigation. Jason regularly represents skilled nursing facilities, assisted living establishments, Continuing Care Retirement Communities, residences for adults and children with developmental disabilities, and senior housing companies.  

Jason assists those providers with all operational and regulatory matters, such as:
  • Regulatory compliance, crisis management, and corrective action plans
  • Responding to investigations and surveys
  • Appealing survey findings and sanctions
  • Medicare and Medicaid certification
  • Health care fraud and abuse
  • Drafting contracts, compliance plans and policies
  • Abuse, neglect, and incident investigations, and reporting
  • Life Safety Code compliance
  • Fair Housing Act compliance
  • Solutions to problematic residents and families
Jason is also an effective litigator for the specialized disputes and forums health care clients face. He has successfully defended providers in administrative hearings before state and federal agencies, and in administrative review appeals in state circuit courts, federal district courts, and appellate courts. Jason regularly handles cases involving:
  • Centers for Medicare & Medicaid Services remedies against skilled nursing facilities and hospitals
  • State department of health sanctions against skilled nursing, assisted living, and Intermediate Care Facilities/Developmentally Disabled facilities
  • Medicare and Medicaid enrollment, reimbursement, and termination disputes
  • Resident involuntary transfer or discharge actions
  • Certificate of Need decisions and CON post-permit sanctions
Drawing on his administrative litigation experience, Jason developed an appeal program for Recovery Audit Contractors audits. Jason and his team have successfully appealed hundreds of Medicare claim denials for hospitals and health systems, and have trained hospital coordinators to prepare their own effective and cost-efficient Recovery Audit Contractors appeals.
  • Litigated CMS’ determination of Immediate Jeopardy duration for a skilled nursing facility, resulting in an ALJ decision which lowered the CMP from $1,274,695 to $26,373.
  • Defeated a city’s injunction action in Cook County court to remove residents from a skilled nursing facility due to a COVID-19 outbreak. 
  • Rescinded Immediate Jeopardy determinations for skilled nursing facilities.
  • Reversed and vacated state licensure violations and fines for skilled nursing and assisted-living facilities.
  • Obtained nursing home and assisted-living licensure and Medicare certification for the health care portions of a new continuing care retirement community development.
  • Led federal court appeal of Centers for Medicare & Medicaid Services’ determination of a hospital’s Medicare enrollment effective date.
  • Reversed and substantially reduced fines imposed by the Illinois Health Facilities and Services Review Board.
  • Recovered more than $3.2 million in late-Medicaid interest for skilled nursing facilities.
  • Obtained a Temporary Restraining Order against the Illinois Department of Financial and Professional Regulations in the revocation of a physician’s license.
  • Recovered attorney’s fees for a continuing care retirement community against a resident’s family who fraudulently misrepresented financial disclosures during admission.
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