Ambulatory Surgery Centers and Outpatient Facilities
Represented Surgical Care Affiliates in connection with general corporate matters and transactions involving numerous outpatient ambulatory surgery centers.
Represented private equity-backed, ambulatory surgery center company in connection with corporate and securities law matters, including $100 million private equity funding, multiple physician-syndications, and sale of company to another private-equity backed provider.
Assisted client in acquisition of controlling interests in two surgical hospitals and 12 ambulatory surgery centers in multiple states (Colorado, Iowa, Maryland, Michigan, New Jersey, Pennsylvania and Texas), five of which also included the negotiation of a joint venture arrangement between our client and a local health system. The transactions were valued at approximately $160 million.
Represented hospital system in development of several joint venture surgery centers with a surgery center management company and physician investors.
Represented HealthSouth Corporation in the sale of its ambulatory surgery division to Texas Pacific Group in a transaction valued at approximately $920 million, in the sale of its outpatient rehabilitation division to Select Medical Corporation in a transaction valued at approximately $245 million, and in the sale of its diagnostic imaging division to Gores Group in a transaction valued at approximately $40 million. Each transaction involved a complicated internal restructuring to prepare the divisions for sale
Represented major national chain of surgery centers to develop a joint venture structure for the operation of surgery centers with academic medical centers and other tax-exempt health systems.
Represented hospital clients in connection with the acquisition of freestanding outpatient facilities in numerous states, and regulatory issues related to conversion of such facilities to hospital outpatient departments.
Represented nonprofit hospitals, for-profit hospitals, and surgery center development companies in connection with the acquisition, development, formation, and/or syndication of more than 75 ambulatory surgery centers in 25 states.
Represented national outpatient surgical services company in the sale and leaseback of an ambulatory surgery center.
Diagnostic Imaging and Cancer Care Centers
Represented imaging and cancer care provider as retained counsel on day-to-day regulatory and operational matters.
Represented private equity-backed, oncology healthcare services company in connection with $30 million acquisition of several radiation therapy centers.
Represented private equity-backed, diagnostic imaging company in connection with corporate mergers and acquisitions and corporate and commercial finance matters.
Represented private equity-backed, oncology healthcare services company in connection with corporate finance and mergers and acquisitions matters, including $150 million recapitalization transaction.
Represented Diagnostic Health Corporation in connection with the sale of limited liability company interest of an entity that owned two diagnostic imaging facilities located in Virginia to Outpatient Imaging Affiliates, an owner and operator of diagnostic imaging facilities headquartered in Tennessee.
Represented healthcare clients in the formation of joint venture entities and new healthcare businesses, including a $100 million outpatient imaging joint venture.
Represented and advised client on acquisitions of and joint ventures with outpatient imaging providers, including regulatory advice to structure those transactions in compliance with federal laws, including the Stark and Anti-Kickback provisions.
Advised outpatient imaging centers on licensure and Medicare certification issues, and represented providers before state regulatory boards.
Represented a nonprofit health system in a roll up series of transactions involving oncology providers, including a $10 million acquisition of an oncology practice and PET imaging center.
Urgent Care and Pharmacy
Represented large chains of walk-in clinics in connection with development activities and regulatory matters, such as issues involving the corporate practice of medicine and the appropriate scope of practice of nurse practitioners and other physician extenders.
Represented Solantic Walk-in Urgent Care, a growing operator of retail urgent care clinics in the Southeast, in connection with an investment of $100 million by a major private equity firm.
Counseled on Solantic Corporation’s joint venture of urgent care centers in various markets with non-profit and for-profit partners.
Counseled a developer of urgent care centers in connection with a $60 million private equity investment by major private equity firm.
Represented urgent care center company in joint ventures of three urgent care centers in Florida, two with for-profit hospital companies and one with a nonprofit hospital.
Represented a tax exempt health system in a joint venture initially formed to own and operate three existing urgent care centers in central Louisiana. The parties anticipated the development of three additional centers within the following 18 months.
Represented a growing operator of retail urgent care clinics in the Southeast in connection with an investment of $100 million by a major private equity firm.
Provided regulatory and operations guidance to the client, a large nursing home provider and an affiliated long term care pharmacy company, in the implementation of the Medicare Part D program in their facilities. Guided and advised on interpretation of various federal laws and regulations and advice to minimize the impact of non-covered medications in the company's facilities.
Served as counsel to health care providers moving into other service areas, such as pharmacy, home health and hospice.
Medication Assisted Therapy
Advised client on regulatory requirements for office-based treatment of Suboxone patients, in conjunction with purchase of physician practices.
Advised client on DEA regulatory burdens on office-based use of opioid treatments, including the required inspections of treatment facilities.
Advised client on state board of medicine requirements for physicians engaged in office-based opioid treatments.
Advised client on federal and state guidelines regarding urine specimen collection in a Suboxone clinic.
Counseled client on federal and state requirements regarding the closure of clinics where Suboxone treatments are provided. Counsel included notice requirements to the state, reporting obligations to the Substance Abuse & Mental Health Services Administration of the U.S. Department of Health and Human Services, as well as actions required by federal law if the physician holds DATA 2000 Waiver for opioid treatments in an office-based setting.
Advised opioid treatment facilities on state licensure requirements.
Provided guidance on the establishment of a Suboxone clinic, including the counsel of state law and FDA limitations on the amount of physician referrals to the clinic during the initial and subsequent years.
Represent established methadone clinic owner in Alabama before the legislative branches of state government.
Behavioral Health and Addiction Treatment
Represented client on the divestiture of its portfolio of substance abuse and recovery facilities, and its facilities for individuals with intellectual and developmental disabilities.
Advised addiction treatment systems and facilities on HIPAA and Part 2 obligations.
Represented owner of behavioral health facilities in voluntary disclosure and DOJ/CMS settlement.
Advised system of residential and outpatient mental health and substance abuse facilities in sale of entire system.
Successfully recovered large reimbursement due from the insurer for a laboratory services provider.
Represented a pathology practice in the acquisition of another pathology practice and laboratory in an adjacent state.
Represented a multi-state hospital system and its local health system affiliate in the sale of its large reference lab business to a national laboratory services company.
Provided special regulatory and transactional counsel to Fresenius in connection with its acquisition of Liberty Dialysis Holdings, Inc., the holding company of Liberty Dialysis and Renal Advantage.
Served as counsel to buyers, sellers, lessors, lessees and managers in the transfer of dozens of healthcare facilities, both in single asset and multi-facility transactions, including specialty hospitals, long term care and senior housing facilities, dialysis facilities, and ambulatory surgery facilities.
Assisted Dialysis Clinic, Inc., a national, nonprofit operator of dialysis providers, in structuring and negotiating joint venture arrangements with health systems and physicians, and assist client in general healthcare regulatory and real estate matters.