Health Care Finance and Restructurings

Capital Access: Our Health Care Finance attorneys have many years of experience representing and counseling public finance, commercial finance, and health care providers in the capital structures and needs of the health care industry. Our attorneys combine industry savvy and legal creativity to plan, negotiate, and close a wide range of health care finance transactions, including swaps and derivatives. We can assist you in complying with the multitude of laws, regulations, and covenants that frequently affect corporate and individual behavior after the financing has closed. We also counsel various clients who are affected by adverse financial conditions and circumstances affecting an obligor's ability to comply with these laws, regulations, and covenants, including its ability to repay its debts.

Restructurings and Bankruptcy: We regularly represent health care parties in all aspects of bankruptcy law, from pre-filing workouts on behalf of companies and creditors to Chapter 11 engagements on behalf of debtors, creditors, creditors' committees, indenture trustees, equityholders, bondholders, contract parties, debtor-in-possession (DIP) lenders, asset purchasers, institutional creditors, claims purchasers, professional advisors, examiners and trustees, and various other parties in interest. These engagements have included public and private debtors with revenues ranging from multiple millions of dollars to multiple billions of dollars, sales of debtor assets, litigation involving insiders and affiliates of debtors, and other significant adversary proceedings. We regularly handle creditors' rights litigation, including collection and foreclosure matters and enforcement of security interests, and are skilled in assisting creditors in obtaining early payment of claims. Our attorneys also have experience with cross-border insolvencies and cases under Chapter 15 of the Bankruptcy Code.

Venture Capital/Private Equity: We take a broad view of the health care industry and bring together our Health Care and Private Equity & Venture Capital attorneys to analyze, structure, and close health care industry transactions. We conduct due diligence, including comprehensive health regulatory due diligence, for bidders, buyers, and potential investors, and provide industry-specific assessment of legal and business risks and their impact on deal pricing. We provide an understanding of pertinent industry norms and up-to-the-minute status of the evolving health regulatory landscape. We also structure the financial and tax aspects of private equity and venture capital transactions in all segments of the health care industry, including in the health care service, health information technology, health insurance, biotech, pharmaceutical, biologics, genomics, medical device, and nanotech sectors. 

Tax-Exempt Issues: We have worked with nonprofit health care clients around the country, including multi-entity delivery systems, rural health care systems, managed care organizations, long-term care facilities, academic medical centers, federally qualified health centers, home health agencies, and stand-alone community hospitals, clinics, foundations, and medical groups.

Working to protect the interests of our clients, we have been instrumental in developing key precedents in corporate structuring for profit/nonprofit health care joint ventures and reimbursement for these collaborative enterprises. We form exempt organizations and counsel such clients on inurement, private benefit, intermediate sanctions, unrelated business taxable income, tax-exempt bond financing, private use, state and property tax, tax reporting, charity care, community benefit, and IRS and Attorney General investigation matters, among others. We regularly provide counsel on operational and tax issues involving consolidations, restructuring, compensation, and governance issues.