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  1. People

Daniel J. O'Brien

Partner
Cleveland
T.
216.363.4691
liamE

Dan is a partner and an accomplished corporate healthcare attorney. He maintains a national practice focused on the senior housing industry, and regularly represents owners, operators and long-term care investors in all aspects of 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.

Representative 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.
  • Represented the buyer in the acquisition and financing of a skilled nursing facility and personal care home in Georgia.
  • Represented Integra Health Properties (“Integra”) in connection with its joint venture and master lease with Welltower for a portfolio of 147 nursing facilities.
  • 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.

  • Ongoing representation of The CommuniCare Family of Companies including in the last year acquiring over 35 facilities in several states, acquiring a 750-unit senior living center in Indianapolis, and several other real estate matters, financed by REITs, commercial banks, and private equity firms.
  • 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. Since the Ohio facilities became operational, we have continued to represent the firm in four tuck-in acquisitions.
  • 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. 
  • 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.
  • 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.
  • 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.

  • Benesch Healthcare+
  • Regulatory & Compliance/Audit & Appeals
  • Healthcare Business Transactions
  • Capital Formation
  • Fraud & Abuse
  • Long Term Care
  • Medicare & Medicaid Reimbursement
  • Ohio State University Moritz College of Law, 2009, J.D.
    • Recipient, CALI Excellence for the Future Award - Mergers & Acquisitions
    • Recipient, CALI Excellence for the Future Award - Accounting
    • Recipient, Arthur James Seelye Award - Outstanding Business Law Student
    • Finance Director, Entrepreneurial Business Law Journal
  • Ohio University, 2006, BBA
  • Ohio
  • Listed, Ohio Super Lawyers - Rising Stars 2017-2023
  • Listed, Best Lawyers® "Best Lawyer®", Corporate Law; Health Care Law, 2025
  • Member, Ohio State Bar Association
  • Member, Cleveland Metropolitan Bar Association
    • Member, Health Law Section
  • Member, American Health Lawyers Association
    • Member, Post-Acute and Long Term Services Practice Group - Leadership Development Program (2017)
  • Member, Association for Corporate Growth
  • 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)

Highlights

Articles and Presentations
April 21, 2025
Off-Cycle Medicare Revalidations for SNFs – Deadline Extended to August 1, 2025
September 20, 2024
CMS Announces a Second Preview Period for the October 2024 SNF Preview Reports
November 20, 2023
New CMS Rule Expands Required Ownership Disclosures for Skilled Nursing Facility Ownership

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News
December 29, 2022
16 Benesch Attorneys Named 2023 Ohio Super Lawyers; 24 Named Ohio Rising Stars
December 28, 2022
Integra Health Enters Real Estate Joint Venture with Welltower
December 8, 2020
19 Benesch Attorneys Named 2021 Ohio Super Lawyers; 19 Named Ohio Rising Stars

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