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Harry M. Brown

Partner
Cleveland
T.
216.287.0030
liamE

Harry focuses his practice on acquisition, disposition and financing of health care facilities and providers; Medicare and Medicaid reimbursement; physician and institutional joint ventures; licensure and certification; construction and financing; and Certificate of Need applications.

He has extensive experience with skilled nursing and intellectual disability facilities, physician practices, ambulatory surgical facilities, and provider practices. Harry formerly served as chair of the Ohio Department of Health's Certificate of Need Task Force.  He was a member of the Rules Revisions Committee for the Ohio Certificate of Need Review Board.

Representative Experience

  • 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 Continuing Healthcare Solutions in participation in an Ohio specific joint venture to develop a Medicare Advantage Plan. 
  • Represented a large, family office which made very substantial investments in the cannabis business, including corporate structure for the entity into which the family office made its original investments and eventually raised additional equity which allowed the original investor to receive a return of a portion of its original investment.
  • Represented The CommuniCare Family of Companies in its acquisition of 16 nursing centers in Indiana, 4 health care centers in Maryland, and 4 others in Virginia, adding more than 1000 beds.
  • Acted as an expert witness in a Bankruptcy Court proceeding to determine the ownership of the CON and operating rights of a 230+bed facility in the Bankruptcy Court.
  • Served as regulatory counsel for numerous long-term care facilities, including nursing homes, CCRCs, MRDD residential care providers and dialysis facilities.
  • Developed corporate compliance plan for long term care facilities.
  • Purchased assets including beds from a bankrupt nursing home operator, obtained the certificate of need and represented the developer in implementing the purchase

  • Benesch Healthcare+
  • Regulatory & Compliance/Audit & Appeals
  • Health Care Bankruptcy/Reorganization
  • Healthcare Business Transactions
  • Capital Formation
  • Compliance/HIPAA
  • Fraud & Abuse
  • Health Care Litigation
  • Long Term Care
  • Medicare & Medicaid Reimbursement
  • Not-For-Profit & Tax Exemption
  • Physicians
  • Not-for-Profit
  • Not-for-Profit/Health Care
  • Cannabis
  • New York University School of Law, 1972, J.D.
    • Member, Moot Court Board
  • Yeshiva University, 1969, B.A.
    • magna cum laude
  • Ohio
  • Listed, The Best Lawyers in America®, Administrative / Regulatory Law; Health Care Law, 2025; listed for more than 20 years
  • AV® Rated, Martindale-Hubbell Peer Review
  • Listed, Chambers USA Leading Lawyers, Health Care 2013
  • Listed, Ohio Super Lawyers 2004-2015
  • Listed, Corporate Counsel’s 2012 Top Rated Lawyers Guide to Healthcare Law
  • Member, American Bar Association
    • Health Law Committee
    • Former Member, Task Force on Housing for the Elderly
  • Member, Ohio State Bar Association
    • Health Care Law Committee
  • Member, Cuyahoga Bar Association
    • Former Member, Grievance Committee
    • Former Chair, Ethics Committee
  • Member, Cleveland Metropolitan Bar Association
    • Former Member, Ethics Committee and Health Law Council
  • Member, American Health Lawyers Association
  • Member, American Society of Law and Medicine, Program Development Committee
  • Member, Cleveland Advisory Board of the Ohio Hunger Task Force
  • Member, Ohio Health Care Association, Legal Affairs Committee
  • Member, AOPHA, Assisted Living Committee and Financial Management Committee
  • Member, Ohio Assisted Living Task Force
  • Member, Advisory Board of The Law/Medicine Center at Case Western Reserve University, 1988-present
  • Board Member, Cleveland Jewish Sacred Society
  • Member, Agudath Israel of America

Highlights

Brown 2014 Chambers Logo
Martindale AV Rating

Brown 2014 Chambers Logo
Martindale AV Rating

Brown 2014 Chambers Logo
Martindale AV Rating
Articles and Presentations
September 20, 2024
CMS Announces a Second Preview Period for the October 2024 SNF Preview Reports
May 19, 2023
CMS Updates Guidance on Home Dialysis Services Provided in Nursing Homes
March 5, 2020
DOJ Launches New Task Force Targeting Nursing Homes that Provide “Grossly Substandard Care”

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News
August 15, 2024
132 Benesch Attorneys Recognized in 2025 Best Lawyers® Rankings
August 17, 2023
Best Lawyers in America® Rankings 2024
August 18, 2022
U.S. News & World Report - Best Lawyers Rankings 2023

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