More About This Practice

Antitrust 

Our Health Law Practice includes skilled antitrust lawyers who are experienced counseling and litigating, and are fully conversant with applicable evolving economic theories. We advise physicians and hospitals on clinical and economic integration, on the appropriate use of the "messenger model," and on contracting and negotiating strategies with payors. We also provide antitrust advice to clients regarding their medical staff, including advice on peer review, allied health professionals, accreditation, the closing of a medical staff or department and the use of economic credentialing in medical staff membership and clinical privileges decisions. When clients are involved in mergers, acquisitions and joint ventures, we prepare and handle filings under Hart-Scott-Rodino laws to avoid litigation and governmental challenge of the transaction.

Financing

We have represented borrowers, underwriters, issuers, bondholders and providers of credit enhancement in more than [100] private and public health care and tax-exempt financings. We are experienced with the techniques of obtaining capital through tax-exempt bonds and taxable loans and lines of credit. We also help clients contend with existing debt restrictions crucial to addressing the continuing financing needs of the healthcare industry, including compliance with restrictions on the use of bond-financed facilities, maximization of expenditures for which healthcare providers can be reimbursed from bond proceeds, the effect of the hospital-physician relationship on the tax status of issued bonds and the disclosure requirements under federal securities laws.

Joint Ventures and Syndications

For a growing number of healthcare providers, joint venture relationships, including syndication of ownership to physicians, represent a means of improving the delivery of services while maintaining a degree of flexibility in the face of a changing marketplace and economy. Drawing on our broad regulatory and transactional experience, we are able to help clients plan and structure their transactions by providing creative, yet practical, legal solutions to the unique issues facing clients in connection with various cooperative ventures. We help clients deal with antitrust scrutiny, Medicare and Medicaid compliance and reimbursement matters, Stark Law issues and anti-kickback concerns, as well as state healthcare regulator issues. We also assist our tax-exempt clients with the unique set of issues they face when involved in joint ventures and joint operating arrangements such as exempt purpose, conflicts of interest, private inurement, private benefit, intermediate sanctions and the unrelated business income tax.

Mergers, Acquisitions, and Divestitures

Over the past decade, the healthcare industry has undergone extensive consolidation and partnering through mergers, acquisitions and divestitures. Our Health Law Practice lawyers have served as legal counsel in connection with numerous mergers, acquisitions and divestiture projects, with the transactions ranging in size from $100,000 to $1 Billion involving hospitals, healthcare service companies and other healthcare industry participants. We often help clients to expand into new geographic markets, or refine or revise problematic elements of an existing relationship. We have also advised numerous hospitals and healthcare systems in connection with the termination of unsuccessful business strategies, including unwinding hospital-physician relationships, restructuring existing relationships and closing institutions. We are also experienced advising clients with respect to the additional and unique issues that arise in connection with the merger, acquisition or divestiture of a physician practice. We routinely develop comprehensive strategies for hiring, retaining and compensating physician employees. We also work closely with clients to structure, negotiate and document hospital-physician arrangements within the sensitive political context of hospitals and their medical staff. We provide counsel regarding anti-kickback, self-referral and private inurement issues generated by hospital-physician integration strategies. Our commitment to providing high-quality legal advice to our clients does not end once a merger or acquisition takes effect. We offer continued, ongoing counsel to the new resulting entity to ensure that its structure and operation reflect its overall mission without creating adverse legal risks.

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