Health Care Transactions

Accountable Care Organizations: Our Health Care Industry Team is a leader in understanding, establishing, and developing Accountable Care Organizations (ACOs) and other care transformation structures. Our attorneys authored a white paper, Accountable Care Organizations: A Critical Assessment, before the proposed Medicare Shared Savings Program (MSSP) was issued. Upon issuance of the proposed regulations, our attorneys worked with industry participants of all types (integrated systems, hospital and physician associations, large group practices, and specialty groups, among others) in commenting on the proposed regulations. With the publication of the final MSSP regulations, we have guided participants throughout the industry in exploring their ACO options. We can advise you on alternatives to the MSSP, including the Pioneer ACO Program, the bundled payment initiative, or the comprehensive primary care initiative, as well as individualized structures submitted to the CMS Innovation Center. We also are well positioned to advise and work with you on developing commercial market ACOs by identifying and implementing creative solutions to the legal challenges posed by antitrust, insurance, fraud and abuse, privacy, information technology, and other laws affecting ACOs and their development. 

Physician-Hospital Alignment: Our attorneys have a long history of developing and implementing a wide range of Physician-Hospital Alignment (PHA) strategies. We have been intimately involved in developing some of the largest integrated delivery systems in the country and can work with you on a wide range of other alignment strategies, including joint ventures, service line co-management agreements, physician service/medical director agreements of many types and designs, and physician/hospital joint venture transactions, all involving both primary care and specialty physicians. We develop creative and innovative structures to meet your strategic alignment needs, while navigating the complex legal and compliance issues you face. 

Joint Ventures and Partnerships: Our Health Care attorneys understand the complex business transactions involved in forming and operating hospital-physician, hospital-hospital, physician-physician, ambulatory surgery and all types of ancillary care, and other types of joint ventures, including public-public, public-private, as well as transactions with investors and other lay entities. We can represent you in every aspect of joint venture transactions and are fully versed in the legal issues and business processes necessary to make these transactions successful. We also will work collaboratively with your in-house and outside general counsel to provide specific counsel on complex regulatory issues that can arise in joint-venture transactions. We routinely handle joint ventures between public and private entities, as well as for-profit and nonprofit organizations. 

Mergers and Acquisitions (M&A): M&A transactions have the power to affect every aspect of your business — from the board room to the operating room — particularly in the complex and heavily regulated health care environment. Our knowledge and experience, unparalleled in the industry, can help guide you through these transactions. We have a deep understanding of the business and regulatory processes involved when health care organizations combine with one another or reorganize. Our Health Care attorneys provide guidance and regulatory counsel on specific issues raised in M&A transactions, such as compliance with Stark, state and federal anti-kickback statues, antitrust laws, state licensing requirements, Medicare reimbursement rules, and other applicable laws.