What We Do

Representative Experience

Our attorneys have extensive experience providing legal services to a wide variety of health care clients across the country on challenging and sophisticated matters. By way of illustration only, our attorneys have:

• Organized physician practices, home health agencies, management service organizations, hospital physician practice subsidiaries and other health care providers and suppliers, which has included the preparation and negotiation of shareholder agreements, operating agreements, buy-sell agreements and related corporate documents.
• Structured physician and other referral relationships in accordance with the complex layers of federal and state regulation, including the federal Stark law, Anti-Kickback law and state corporate practice of medicine and licensure requirements.
• Conducted and closed significant private offerings for numerous health care businesses, including for example, skilled nursing and assisted living facilities, a cloud-based electronic medical record business, a cardiac output measuring business, a dental implant distributor, a physician owned hospital, an emergency room staffing business, ambulatory surgical centers, hospital co-management companies, research and development companies and pharmaceutical companies.
• Represented clients to organize and negotiate significant cutting-edge population health joint ventures, co-management companies and physician multispecialty joint ventures.
• Represented small and large physician practices in selling their respective private practices through stock, membership interest, asset or hybrid transactions to large nonprofit medical centers and to publically traded companies.
• Represented physician practices and other health care businesses merging with large physician groups or other businesses, forming new subsidiaries and acquiring other physician practices and businesses.
• Represented hospitals and health systems in the acquisition and divestiture of physician practices.
• Served as corporate and regulatory counsel for large national health care providers operating under the “friendly-physician” practice model.
• Assisted health care clients in obtaining venture capital and other private equity investments and senior and mezzanine bank financing.
• Advised client regarding roll-up with a biotechnology startup and related portfolio development companies.
• Negotiated a license agreement between a global biotechnology company and a therapeutics accelerator.
• Prepared and negotiated manufacturing and distribution agreement for medical supply kits with multiple medical facilities.
• Reviewed and negotiated numerous procurement contracts and real estate leases for hospital systems.
• Represented client in donation of MRI and related business to a large non-profit health care system.
• Provided health care regulatory and employment law compliance guidance to hospitals, health systems, physician practices, home health agencies, independent diagnostic testing facilities, laboratories, staffing companies, management companies and other health care providers and suppliers, including the preparation of policies and procedures and employee handbooks.
• Organized and served as corporate and regulatory counsel for Medicare accountable care organizations (ACOs) and a physician organization.
• Provided guidance to numerous health care clients regarding ambiguous and changing regulations under federal and private payor health care payment reform.
• Provided HIPAA, HITECH, Red Flags Rule and related data privacy and security guidance to clients through the preparation of policies and procedures, day-to-day compliance advice, business associate and data sharing agreements, employee training materials and other forms.
• Completed Medicare enrollment and change of information forms and assisted clients to resolve issues surrounding the same.
• Provided guidance to health care providers and medical device companies regarding the Physician Payments Sunshine Act and other federal transparency and reporting initiatives.
• Assisted physician practices and medical transportation businesses with Medicare billing audit defense.
• Assisted ambulatory surgery center and home health clients in responding to and preparing for governmental and accreditation inspections and surveys.
• Reviewed a professional employer organization agreement regarding outsourcing employees.
• Negotiated complete abatement of Ohio Department of Taxation Commercial Activity Tax assessment with the Ohio Attorney General regarding a surgery center.
• Developed stock appreciation rights plan for a group of emergency medicine physicians.
• Advised a global respiratory care designer, manufacturer, and marketer regarding employment and personnel issues.
• Reviewed and negotiated numerous employment agreements and executive severance agreements for health care clients.
• Provided ERISA and other employee benefit guidance to hospitals, health systems and other businesses.
• Provided employment law counsel and advice to a Greater Cleveland hospital system.
• Represented medical practices in a contractual dispute relating to the performance of and payment for billing services.
• Represented a clinical diagnostic testing and disease management company in restrictive covenant litigation.
• Represented a Northeast Ohio hospital in litigating Certificate of Need issues.
• Represented retail and compounding pharmacies in the acquisition and divestiture of pharmacy businesses and assets.
• Defended Medicaid fraud in a grand jury investigation against a dental practice, successfully obtaining a declination letter.
• Defended physicians, dental practices and pharmacies in state licensing board actions.
• Defended a private clinic in an investigation by the Ohio Department of Insurance.