Our attorneys have significant experience in the structuring and closing of complex corporate transactions in the health care industry. In recent years, we have completed several hundred M&A transactions with multistate providers of health care services.
At Arent Fox, we provide a multidisciplinary team-approach to address all aspects of contract negotiations and transactions, including tax, antitrust, bond financing, labor and employment, benefits, regulatory compliance, government approvals, and real estate. Our experience enables us to identify quickly key business and regulatory issues and facilitate the development of appropriate legal structures for a targeted transaction or relationship. We represent numerous health care entities in mergers, acquisitions, divestitures, and joint ventures. We have vast experience advising clients on how to structure these arrangements to comply with the Anti-kickback Statute, the Stark Law, the False Claims Act, and other federal and state laws governing relationships among health care providers.
We also represent private equity funds and other sources of equity to the health care industry, as well as lenders to public and private businesses that operate skilled nursing, assisted living, continuing care, and retirement and independent living facilities. We represent buyers and sellers of nursing homes, assisted living and independent living facilities, and a variety of ancillary service businesses in hundreds of transactions throughout the country. Our attorneys have years of experience in starting, financing, and growing early stage, venture-backed health care companies. We also advise clients on the regulatory and transactional legal issues faced by companies during accelerating growth.
Our goal in negotiating contracts and transactions is to understand and help our clients reach their business goals while remaining sensitive to compliance with federal fraud and abuse laws, Medicare conditions of participation, and state licensing requirements. For our pharmaceutical and medical device clients, we also handle contracting and other interactions with wholesales, managed care organizations, pharmacy benefits managers, Medicare and Medicare Part D plans, and patient assistance foundations.
In addition, our team conducts health care regulatory due diligence for merger, acquisition, and financing transactions. For acquiring companies, venture capital firms, lenders, and underwriters, we put our regulatory knowledge and extensive investigative experience to work in assessing target companies in a health care context. We look at issues such as licensure, certification, coverage and reimbursement, billing and coding, marketing, and financial relationships with physicians and other referral sources (anti-kickback and Stark law compliance) to evaluate a target’s compliance with applicable laws, rules, and regulations. We identify and assess a target’s regulatory risks and communicate them to clients.
Contracts are everywhere in the health care industry. Our attorneys also have significant experience in the structuring, negotiating, drafting, reviewing, and closing of contracts that arise in the context of health care transactions, vendor arrangements, physician employment, and independent contractor arrangements, managed care, joint ventures, and many other areas. In recent years, we have completed several hundred M&A transactions with multistate providers of health care services.