Daniel J. O'Brien

Daniel J. O'Brien

Partner

Cleveland

T 216.363.4691

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Overview

Dan is a partner and an accomplished corporate healthcare attorney. He maintains a national practice focused on the skilled nursing and senior housing industries, and regularly represents owners, operators and long-term care investors in all aspects of skilled nursing and senior housing transactions, including acquisitions and divestitures, leasing, financing, joint ventures, licensing and certification.

Dan’s understanding of the complex regulatory landscape facing providers allows him to adeptly navigate issues that arise in drafting and negotiating purchase agreements, operations transfer agreements and leases. He prides himself in understanding the unique needs and objectives of each client in order to overcome obstacles and close transactions.

What I Do

Capital Formation
Fraud & Abuse
Healthcare
Healthcare Business Transactions
Long-Term Care
Medicare & Medicaid Reimbursement
Regulatory & Compliance/Audit & Appeals

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Experience

Represented the purchaser in the acquisition of two skilled nursing facilities in Wisconsin and the subsequent financing through the HUD 232(f) loan program.

Key Contacts: Daniel J. O’BrienCameron M. HillingBenjamin Stucke

Represented The CommuniCare Family of Companies in its acquisition of 16 nursing centers in Indiana.

Key Contacts: Andrew MurphyDaniel J. O’BrienJoel R. Pentz

Represented regional owner/operator in the disposition of a 5-property skilled nursing facility portfolio.

Key Contacts: Daniel J. O’Brien

Represented seller in the disposition of an MRDD facility to a publicly-traded buyer.

Key Contacts: Daniel J. O’Brien

Represented closely-held family business in disposition of nursing facility and related home health business.

Key Contacts: Daniel J. O’Brien

Represented regional operator in the strategic operations transfer of 20+ skilled nursing facilities over the course of several years, including drafting and negotiation of leases, operations transfer agreements and filing all licensure, Medicare and Medicaid paperwork related to the transfer.

Key Contacts: Daniel J. O’Brien

Represented operator-tenant in the transition of an 11-property skilled nursing facility portfolio, including negotiation of a REIT lease, operations transfer agreement with prior operator, and arranging for and documenting operating capital lines of credit.

Key Contacts: Daniel J. O’Brien

Represented a regional health system in the reorganization of its home health and hospice service lines through a spin out and joint venture with a management company.

Key Contacts: Daniel J. O’BrienNathan D. Sargent

Represented for-profit buyer in the acquisition of a behavioral health hospital from a non-profit seller.

Key Contacts: Daniel J. O’Brien

Represented operator-tenant in the leasing and transition of operations of an 11-facility skilled nursing portfolio in Missouri from a national operator and REIT-owner.

Key Contacts: Daniel J. O’Brien

Represented national nursing home owner/operator in the disposition of multiple facilities in a variety of states, including coordination of landlord and lender negotiations related to the dispositions.

Key Contacts: Daniel J. O’Brien

Advised nursing facilities in preparing for and completing HUD refinancings.

Key Contacts: Daniel J. O’Brien

Represented seller in the sale of an intermediate care facility for individuals with intellectual disabilities (IFD-IID) to national chain owner/operator (Mentor Network) of ICF-IID facilities.

Key Contacts: Daniel J. O’Brien

Represented buyer in acquisition of 7 skilled nursing facilities located in Maryland and West Virginia.

Key Contacts: Daniel J. O’Brien

Represented a private equity fund in the acquisition of a multi-state home health and hospice provider.

Key Contacts: Daniel J. O’Brien

Provided regulatory and technical advice to closely held home health company related to the 36-month rule and structuring partner buyout.

Key Contacts: Daniel J. O’Brien

Represented regional operator in the acquisition of multiple nursing and assisted-living facilities, including coordination of licensure and Medicare/Medicaid filings related to the same.

Key Contacts: Daniel J. O’Brien

Represented buyer in the acquisition and financing of 7 nursing facilities which involved REIT financing with an option to purchase.

Key Contacts: Daniel J. O’Brien

Served as interim general counsel for the DME division of Fortune 500 health care services company.

Key Contacts: Daniel J. O’Brien

Represented regional nursing home operator in the leasing and the operations transfer of 4 nursing facilities in the State of Wisconsin, including lender negotiations with respect to working capital financing.

Key Contacts: Daniel J. O’Brien

Represented buyer in the acquisition of 17 skilled nursing and assisted living facilities in the State of Ohio, including negotiation and coordination of the operations transfer.

Key Contacts: Daniel J. O’Brien

Represented Integra Health Properties (“Integra”) in connection with its joint venture and master lease with Welltower for a portfolio of 147 nursing facilities.

Key Contacts: Daniel J. O’BrienCameron M. HillingZachary Jacob

Benesch represented Integra Health Properties (“Integra”) in connection with its joint venture and master lease with Welltower for a portfolio of 147 nursing facilities. As part of the transaction, Integra is subleasing the nursing facilities to approximately 15 regional operators. Benesch worked with Integra to facilitate a seamless transition to these new operators by negotiating and closing upon customary management and operations transfer agreements, subleases and other related documents. On December 22, 2022, the first tranche of the transaction closed.

Key Contacts: Daniel J. O’BrienCameron M. HillingZachary Jacob

Represented Ohio Living Communities, an affiliate of Ohio Living, in the sale of the Park Vista continuing care retirement community in Youngstown, Ohio to Natick HCG, LLC. 

Key Contacts: Daniel J. O’BrienNathan D. SargentFrank Carsonie

Representation of a venture capital and private equity firm in the purchase or lease of 20 healthcare facilities in Missouri and the purchase of 17 facilities in Ohio.

Key Contacts: Daniel J. O’BrienJoel R. PentzNathan D. Sargent

Ongoing representation of The CommuniCare Family of Companies, including handling dozens of acquisitions, dispositions, leases and financings. 

Key Contacts: Daniel J. O’BrienChris F. Moratschek

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Credentials

Education

The Ohio State University, Moritz College of Law, 2009, J.D.
Ohio University, 2006, BBA

Clerkships and Bar Admissions

Ohio

More

  • Member, American Health Lawyers Association
    • Member, Post-Acute and Long Term Services Practice Group – Leadership Development Program (2017)
  • Board of Directors, West Side Catholic Center (2024)
  • Board of Directors, Center for Community Solutions (2017-2020)
  • Board Member, The O’Brien Foundation, a non-profit focused on supporting individuals with ALS (Lou Gehrig’s Disease) (2008-2017)
  • Committee Member, National Multiple Sclerosis Society, Ohio Buckeye Chapter, Finance Committee (2014-2017)
  • 3Rs Volunteer – Cleveland Metropolitan Bar Association (2013-2015)
  • Listed, The Best Lawyers in America®: Corporate Law; Health Care Law, 2025-2026
  • Listed, Ohio Super Lawyers – Rising Stars, 2017-2023