Attorneys

Attorneys

Jonathon Bashford

Attorney | Seattle | 206.223.7127 | bashfordj@lanepowell.com

Areas of Practice

Jonathon Bashford helps clients navigate complex regulations and manage compliance risk with flexible, options-based advice. His practice focuses on long term care and senior housing including skilled nursing facilities, assisted living communities, independent living, home health and hospice, and other health care providers. Areas of expertise include licensing, Medicare and Medicaid certification and payment, state and federal surveys, False Claims Act, fraud and abuse, certificate of need application and litigation, Americans with Disabilities Act, Fair Housing, Health Insurance Portability and Accountability Act (HIPAA), corporate practice of medicine and guardianship. He has advised and represented clients before various state agencies including those that regulate pharmacies, consumer lenders, insurers, and liquor and cannabis licensees. He also practices in the areas of complex litigation, class action defense and appeals.

Prior to joining Lane Powell, Jon worked as an Assistant Attorney General representing state agencies including the Washington State Aging and Disability Services Administration.

Professional Experience

  • Office of the Attorney General for the State of Washington, Assistant Attorney General (2008-2013)

Admitted to Practice

  • Washington
  • Oregon
  • U.S. District Court, Western District of Washington
  • Ninth Circuit Court of Appeals

Academics

  • Harvard Law School (J.D., 2007)
    • Harvard Legal Aid Bureau, Board Member and Student Attorney
    • Law School Council, Treasurer
  • Arizona State University, Barrett Honors College (B.A., summa cum laude, 2003)

Practice Group and Specialty Team Memberships

  • Cannabis
  • Health Care
  • Litigation
  • Senior Living and Long Term Care Client Team
  • Investigations and Regulatory Compliance

Representative Matters and Clients

  • Regularly represents facilities and individual health care licensees with respect to licensure, regulatory and compliance issues, and administrative appeals
  • In re Pensions Annuities & Settlements, LLC (Wash. Dep’t of Financial Institutions 2015) (Washington Consumer Loan Act)
  • In re Georgian Rehab, LLC (Wash. Dep’t of Health 2015) (Successfully lifted certificate of need Medicaid condition on relocation of nursing home beds)
  • In re Wesley Homes At Home (Wash. Dep’t of Health 2015) (Certificate of need for new Medicare- and Medicaid-certified hospice agency)
  • In re Vest Seattle (Wash. Dep’t of Health 2014) (Defending state-issued certificate of need for psychiatric hospital against challenge by competitors)
  • D.B. v. Dreyfus, 2012 WL 895399 (W.D. Wa. 2012) (Defended changes and reductions to Medicaid personal care services against challenge brought by putative class of children with disabilities)
  • M.R. v. Dreyfus, 663 F.3d 1100 (9th Cir. 2011), as amended on denial of en banc review, 697 F.3d 706 (2012), rev’g M.R. v. Dreyfus, 767 F.Supp.2d 1149 (W.D. Wa. 2011) (Defended major Medicaid service cuts against challenge brought by provider union and putative class of patients. On remand, helped negotiate settlement that retained $50 million per year in ongoing agency savings)
  • Guardianship of Knutson, 160 Wn. App. 854 (Div. I 2011) (Affirmed authority of state courts to oversee guardians in cases involving coinciding federal authority over Social Security funds)
  • Guardianship of Lamb, 173 Wn.2d 173 (2011), aff’g 154 Wn. App. 536 (Div. I 2009) (Briefed and argued all stages of consolidated appeal involving compensation for court-appointed guardians of institutionalized adults)
  • Extensive superior court and appellate experience defending state benefit eligibility rules from constitutional and statutory challenges

Publications

  • “Not Your Grandmother’s Nursing Home — Boomers and Obamacare Spur a Transformation of the Growing Long-term Care Industry,” Seattle Business magazine, Co-author (March 2014)

Speaking Engagements

  • “Modern Technology in Long Term Care: Uses and Regulatory Implications,” Washington Health Care Association, Annual Convention (May 17, 2016)
  • “Washington State Long Term Care Pharmacies: What’s New & What’s Next,” Washington Health Care Association Webinar (April 26, 2016)
  • “AL Leadership & Governance: Post-Survey Process” and “Substitute Decision-Makers,” Washington Health Care Association, LEAD Assisted Living Administrator Training (April 20, 2016)
  • “Case Law Update,” American Health Lawyers Association, 2016 Long Term Care and the Law Conference (February 22 and 23, 2016)
  • “Hot Topics in Fair Housing and Disability Accommodation for Long Term Care Communities,” LeadingAge Washington Webinar (October 8, 2015)
  • “Litigation and Legislative Update,” Seattle University School of Law, Health Law Certificate Program: Health Law Basics and Our Aging Population Conference, Co-presenter (August 10, 2015)
  • “Assisted Living Resident Rights” and “Assisted Living Informal Dispute Resolution,” Washington Health Care Association, LEAD Assisted Living Administrator Training (April 7, 2015)
  • “Informed Consent, Advance Directives and the POLST Form,” LeadingAge Washington, Assisted Living Leadership and Management Program (November 21, 2014)
  • “Who Decides? Informed Consent, Advance Directives and the Hierarchy of Decision Makers,” Washington Health Care Association, Fall Conference (September 9, 2014)
  • “Litigation and Legislative Update,” Seattle University School of Law, Health Law Certificate Program: Health Care Law and the Patient Protection and Affordable Care Act Conference,
    Co-presenter (August 19, 2014)
  • “Scooting to Home: Assistive Technology and the Fair Housing Act,” Oregon Long Term Care Ombudsman’s Office, Statewide Volunteer Training (April 30, 2014)
  • “Guardian Fees and Medicaid: Payment of Title 11 Guardianship Expenses for Indigent IPs,” King County Bar Association, Guardianship and Elder Law Section CLE (April 17, 2014)
  • “Access to Housing: Pets, Assistance Animals and Reasonable Accommodations,” Washington Health Care Association, Winter Conference, Co-presenter (February 24, 2014)
  • “The Affordable Care Act: Top Five Legal Issues for Washington State,” Washington State Attorney General’s Office, Annual Attorney Conference (November 7, 2013)
  • “ESI/EDD: Significant and Recent Cases,” Washington State Attorney General’s Office, Electronic Discovery and Disclosure CLE (October 18, 2012)
  • “Case Study: Building a Record for Judicial Review,” Washington State Attorney General’s Office, Administrative Procedure Act CLE (August 16, 2012)
  • “Payment of Guardian Fees from Medicaid Recipients,” Bridge Builders Ltd., Kitsap County Guardian Training Seminar (March 27, 2012)
  • “Legal Issues in Eligibility for DD Services,” National Association of State Directors of Developmental Disabilities Services, Attorneys Group Teleconference Series (September 23, 2010)

Awards and Honors

  • Named as a “Washington Rising Star,” Super Lawyers® magazine, Health Care (2015-2016)
  • Recipient of Attorney General’s Office Excellence Award (2011, 2013)

Professional and Community Activities

  • Board of Trustees, Washington State Bar Association, Administrative Law Section
  • Member, LeadingAge National Legal Committee
  • Member, Washington Health Care Association, Legal and Regulatory Affairs Committee
  • Member, American Health Lawyers Association
  • Member, Washington Attorney General Opinions Committee (2012-2013)