Healthcare Joint Ventures
In order to provide practice efficiencies and clinical integration, many healthcare providers look to various types of joint ventures.
We are able to help providers develop and structure various forms of joint ventures (such as management arrangements, new entity formation, joint clinical initiatives) by providing creative and practical legal advice. We have worked closely with many with for-profit and non-profit healthcare providers to form successful ventures while minimizing the risks inherent in such transactions.
We help clients deal with antitrust scrutiny, Medicare and Medicaid compliance and reimbursement matters, Stark Law issues and anti-kickback concerns, as well as state healthcare regulatory issues. We also assist our tax-exempt clients with the unique set of issues they face when involved in joint ventures and joint operating arrangements such as conflicts of interest, private inurement, private benefit, intermediate sanctions and the unrelated business income tax.
Over the past decade, the healthcare industry has undergone extensive consolidation and partnering through mergers, acquisitions and divestitures. Seyfarth Shaw’s healthcare attorneys have served as legal counsel in mergers and acquisitions, joint ventures, management agreements, structuring agreements and other similar transactions.
Many of our lawyers possess substantial business experience, with several holding master degrees and doctorates in Health Policy and Masters of Business Administration in addition to law degrees. Our lawyers draw on their comprehensive understanding of the highly complex regulatory environment of the healthcare industry to advise clients with respect to regulatory and licensing issues, antitrust issues, attorney-general approval, WARN Act and labor issues, securities law issues and tax issues.
We are also experienced advising clients with respect to the additional and unique issues that arise in connection with the merger, acquisition or divestiture of a physician practice. We routinely develop comprehensive strategies for hiring, retaining and compensating physician employees. We also work closely with clients to structure, negotiate and document hospital-physician compensation arrangements as well as practice acquisitions. We provide counsel regarding anti-kickback, self-referral and private inurement issues generated by hospital-physician integration strategies.