Healthcare Transactions

Our national healthcare practice is uniquely positioned to work with clients and transactions of all sizes, from day to day operationally focused ventures to multi-billion dollar transactions.

Overview

We know how to help our clients structure their transactions in order to reach their business goals while complying with the regulatory aspects of state and federal laws. We provide advice on the selection and formation of business entities, effective corporate governance practices, shareholder agreements, documentation of contractual relationships, tax implications, joint ventures, mergers and acquisitions, divestitures, restructuring and reorganizations, and more. Serving as strategic advisors, we often act as outside general counsel, providing ongoing representation after the deal has closed.

We routinely assist on issues that arise during healthcare transactions, including provider, managed care, and commercial contracting; due diligence; negotiations; executive and workforce employment issues; risk assessment; succession; risk and insurance analysis and advice; and addressing regulatory compliance issues, such as antitrust, HIPAA compliance, Medicare and Medicaid audits, investigations, and certification, Stark and anti-kickback issues, and licensing and accreditation.

Working purposely with our Regulatory and Change of Ownership teams to bring the perspective and expertise necessary to the legal challenges facing the client’s business goals.

We have the experience needed to navigate not only the business aspects of the transaction but other sophisticated regulatory matters faced by a healthcare operator, owner or investor.

Experience

  • Represented a publicly traded REIT in a $4 billion sale of a portfolio of senior housing facilities.

  • Assisted in the expedited sale of Midwest-based ambulance provider.

  • Implemented an interim management agreement structure for a client seeking to expeditiously exit a state.

  • Obtained Certificate of Need approval and initial licensure and Medicaid enrollment of one of the nation’s first assisted living projects funded with affordable housing tax credits.

  • Obtained reenrollment and negotiated enhanced reimbursement rates for a multi-state nursing facility provider emerging from bankruptcy.

  • Obtained regulatory approval for the replacement of a nursing facility operator on an expedited timeline on behalf of a REIT (accomplished in three weeks with a typical state timeline of three months).

  • Represented a hospice provider in the acquisition of a hospice company with more than 60 locations in 14 states.

  • Represented a private investment management firm in an $870 million acquisition of the real estate and transfer of operations to 4 separate operating entities for over 160 senior care facilities across 12 states, including both skilled nursing and assisted living facilities.

  • 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 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 receiver in its acquisition of a hospital chain pursuant to a court-approved comprehensive settlement agreement.

  • 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.

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