Health Care Finance

Foley’s Health Care Finance attorneys have significant experience serving as bond counsel, and also representing and counseling health care providers, commercial banks, underwriters, and issuers in the capital structures and needs of the health care industry.

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Foley leverages our experience in public finance, tax, health, securities, charitable trust, creditor’s rights, and contract law, to deal effectively with both your transaction and post-transactional matters as they arise, including broker-dealer compliance, securities law enforcement, general corporate law, and litigation.

We have served as bond counsel, underwriter’s counsel, trustee’s counsel, and disclosure counsel to single corporate borrowers and to multi-institutional or multi-state health care systems and to the financial institutions lending money or issuing liquidity and credit support to bonds. This experience is why we are consistently ranked among the top law firms in this arena.

We are industry leaders in the development of web-based continuing disclosure, the use of the Internet for distribution of offering documents, the use of the “plain English” offering documents in public finance, the simplification of the disclosure of investment risks, the structuring of credit groups around master trust indentures, and the participation in tax-exempt and taxable financing transactions necessary to fully integrate newly merged health care systems. We remain on the cutting edge of the current issues in health care finance, including regulatory and legal issues surrounding capital structures such as charitable trust laws and fiduciary obligations of a board of trustees.

Derivative Transactions

Since January 2004, we have been representing (in separate matters) issuers, borrowers, and counterparties in designing derivative products that meet clients’ needs, while ensuring compliance with federal tax and securities laws. Using this extensive experience with interest rate swaps, basis swaps with super integration for tax purposes, caps and collars, forward swaps (swaps entered into relating to anticipated debt or existing debt on a certain future date), and swaptions (options to enter into swap at a future date with respect to existing or anticipated debt), we work with your team to develop creative and profitable structures for all your transactions.

Tax, Arbitrage, and Post-Issuance Compliance

In addition to advising and representing you through the planning and closing of a health-care-related financing, we provide counsel on compliance with tax laws associated with tax-exempt financing affecting otherwise exempt issuers of securities.

Public Policy

We recognize that protecting your needs and interests in the public arena is demanding and requires focused discipline and strategic counsel. Our Public Policy Practice provides the full range of public policy services by combining comprehensive counsel with strong government relations, political law, strategic positioning, and communications to help meet your objectives.