Health Care and FDA: Health Care Transactions

We provide full-service corporate counsel to facilitate the structuring, financing, and successful completion of domestic, international, and cross-border transactions involving companies in the health care and life sciences industries.

Our experience across these areas provides us with the ability to provide business-oriented legal advice, which takes into account macro and micro trends and other current market forces affecting health care participants and transactions.

Our interdisciplinary teams of corporate, health care, and life sciences lawyers are deeply experienced in solving complex transaction and regulatory issues for health care and life sciences companies from a regional, national, and international perspective. Our Health Care Transactions team combines legal knowledge with solid business judgment, as such, we are adept at dealing with many of the issues involved in structuring complex buyouts and capital structures, including in corporate-practice-of-medicine jurisdictions, and assessing and preparing certificate of need and other change of ownership filings and issues. We also deal regularly with complex analyses of reimbursement and other revenue cycle management compliance and legal issues, as well as drafting disclosure and registration documents and related risk factor statements for health care companies.

Our health care transactions team provides:

• Structural options for system affiliations, service line divestitures, and joint ventures involving institutional providers, physicians, and insurers.
• Standard industry practices and deal terms, with particular experience in corporate and health care due diligence.
• Transfer requirements associated with nonprofit and governmental entities, including obtaining approval from state attorneys general and other entities with approval authority over nonprofit health care transactions.
• Transfer requirements associated with health care licensure, certificate of need, enrollment, accreditation, and other operational matters arising in health care transactions, including unique provider-specific transfer restrictions.
• Insight into Medicare, Medicaid, and third-party reimbursement and billing requirements, including transfers of ownership and management of cash flow issues in a change of ownership or control.
• Guidance on federal and state fraud and abuse issues, including Stark Law and Anti-kickback provisions, that inform the structure of the transaction and may otherwise arise in due diligence.
• Guidance as to anti-trust matters, including Hart-Scott-Rodino filing requirements and working with state and federal antitrust enforcement agencies.
• Advice on structural options for strategic investments, acquisitions, and transactional matters based on varying state corporate practice of medicine restrictions.
• Innovative business-oriented legal advice, which takes into account macro and micro trends and other current market forces affecting these verticals.
• Experience with industry practices and deal terms, particularly in the nonprofit and governmental hospital transactional arenas.
• Advice on transfer requirements associated with health care licensure, certificate of need, enrollment, accreditation, and other operational matters arising in health care transactions, including unique provider-specific transfer restrictions.