Regulatory Healthcare Transactions

The Regulatory Healthcare Transactions (RHT) Practice provides counsel for all regulatory aspects of health care transactions. These transactions include acquisitions and divestitures, mergers, internal restructurings, affiliations, and refinancings. The RHT Team is actively engaged in federal and state regulatory processes throughout the country and regularly interacts with regulators to help clients efficiently accomplish their business goals. 

Clients of the RHT Team include privately owned and publicly-traded health care companies of all sizes as well as domestic and foreign private equity investors in health care, Real Estate Investment Trusts (REITs) and other investors in health care real estate, developers of health care facilities, and management companies. The RHT Team works with management teams and in-house counsel, outside counsel, and lenders to resolve all regulatory issues and creatively finds resolutions to potential issues.

The RHT Team coordinates all the aspects of a transaction that are impacted by the regulatory process and is experienced in the following: 

  • Collaborating with corporate, tax, and real estate counsel to structure transactions to expedite closing, avoid potential liabilities, and minimize potential cash flow disruption
  • Drafting and negotiating regulatory provisions of transaction and loan documents 
  • Performing regulatory due diligence (buyer and seller) 
  • Preparing all required federal, state, and local regulatory filings 
  • Obtaining certificates of need, licenses, and Medicare and Medicaid provider enrollment 
  • Obtaining regulatory authorizations to satisfy both regulators and lenders 
  • Simplifying disclosures related to complex ownership and transactional structures so that regulatory filings comply with regulatory requirements but do not disclose confidential, private, or otherwise sensitive information 
  • Navigating transactions through fraud and abuse, anti-kickback, and Stark implications 
  • Helping clients develop their post-closing regulatory strategy 
  • Creating tools for ongoing regulatory compliance       

Featured Experience

  • Represented a publicly traded REIT in a $1.125 billion acquisition and restructuring of a senior housing provider that operates 96 senior-living communities as well as pharmacies in the Midwest.
  • Represented a private investment management firm in an acquisition of a 5,000-person community-based organization that provides services and support for people with developmental and intellectual disabilities across the U.S.
  • Represented one of the nation’s largest private post-acute care providers in a merger with a publicly traded post-acute care provider resulting in a combined publicly traded company with annual revenues of $5.5 billion.

Please click “Experience” on the right of this page for additional examples of representative experience.