Health Care

On a daily basis, UB Greensfelder’s Health Care Practice Group provides clients with guidance on the unique challenges involved with operating in the highly regulated and competitive health care industry. Our attorneys are passionate about health law and work together as a team to ensure you achieve your overarching business objectives while simultaneously complying with the vast and continuously changing federal and state health care regulations. We counsel clients on sophisticated and challenging business transactions, including mergers and acquisitions, investments, joint ventures, and more, and ensure they are structured in accordance with federal and state physician self-referral laws, anti-kickback laws, false claims laws, and other applicable regulations. With an in-depth understanding of these intricate laws, our team is able to advise you on these complex issues with clear explanation and guidance. The firm’s extensive representation of health care clients enables the attorneys in our Health Care Practice Group to work collaboratively with other firm practice groups to provide a full-range of services to cover their unique regulatory, business and day-to-day operational needs. We leverage our regulatory experience and business acumen to plan for and promote your long-term success, helping you keep pace with changing laws, comply with current regulations, and achieve your business goals.

Our team serves a wide range of clients including long-term care and behavioral health providers, hospitals, health systems, single and multispecialty physician groups, emergency and hospitalist staffing companies, billing companies, preferred provider organizations, management service organizations, physician hospital organizations, ancillary service providers, clinics, laboratories, pharmaceutical and durable medical equipment suppliers, and other entities in the health care field. 

We offer our clients full-service capabilities, helping you achieve your business goals in a way that remains compliant with regulatory requirements under state and federal law. Using our substantial experience and in-depth understanding of complex health care laws and business relationships, we provide a variety of services to address all our health care clients’ legal needs, including but not limited to:

• Structuring all aspects of potential business transactions and relationships, such as joint ventures, mergers, acquisitions, and investments, including advising clients on equity and deal structuring, antitrust and HSR filings, and the regulatory impact of federal and state physician self-referral laws, anti-kickback laws, false claims laws, and other applicable guidelines
• Negotiating, documenting, and closing senior and subordinated debt and equity financing transactions, including acquisition financing, refinancing transactions, complex equity raises, and HUD insured mortgage financing
• Forming investment vehicles, preparing complex private placement offerings, and advising with respect to federal and state securities issues and compliance
• Assisting with real estate matters arising in connection with health care facility acquisitions, divestitures, and leases, including drafting and negotiating purchase agreements and commercial leases
• Providing counsel on a range of employment and labor challenges, including assisting clients seeking to acquire companies with a union workforce presence with employment and labor due diligence and successorship issues, as well as guiding clients post-closing by providing proactive employment and labor relations advice and counseling, negotiating collective bargaining agreements for unionized health care facilities, and defending unfair labor practice charges
• Drafting and negotiating a variety of complex agreements, such as purchase contracts, operation transfer agreements, management agreements, operating and limited partnership agreements, employment agreements, shareholder agreements, personal service agreements, license agreements, distributorship agreements, and other corporate governance documents
• Providing counsel regarding health care financing and investments, issues related to tax exemption, corporate governance, physician and executive compensation, medical device and vendor contracting, third-party payor contracts and reimbursement, managed care contracts, and restraint of trade issues
• Advising with respect to HIPAA and other federal and state privacy rules, data security, EMTALA, and medical staff litigation and disputes
• Providing counsel on health care payment and delivery reform, the Medicare Conditions of Participation, and other reimbursement issues, including audits, claim denials, reassignment issues, medical necessity determinations, and payor-contract negotiations
• Developing effective compliance programs to prevent, detect, and remedy fraud and abuse
• Providing particular expertise in representing physicians and international medical graduates in a variety of matters, including waivers of the J-1 two-year home residency requirement, EB-1 “extraordinary ability” petitions, and EB-2 national interest waivers for physicians in medically underserved areas.