Healthcare Corporate & Transactional Law
Overview and Experience
In addition to the valuable role that they play in our society, healthcare professionals and healthcare entities are businesses and have corporate and transactional needs similar to other businesses. However, because of the myriad of regulations affecting healthcare professionals and entities, business transactions of healthcare professionals and healthcare entities require additional scrutiny. Wachler & Associates attorneys can help emerging and established health care related businesses with all aspects of business establishment and management, from business planning and entity formation to dissolution and everything in between. Wachler & Associates has been representing the business interests of small and large healthcare providers for over 25 years.
In the current healthcare environment, innovation is more important than ever. Healthcare providers and other entrepreneurs continue to strive to develop profitable models of healthcare delivery. As healthcare attorneys, one of our roles is to look at these innovative ideas and make risk assessments and determinations as to whether the business models are feasible and advisable, taking into account many considerations, such as the following:
- Fraud and abuse laws including the Stark regulations and anti-kickback statute (as well as similar State laws)
- Licensing regulations (state and federal)
- Payor requirements
- Corporate practice of medicine issues
- Certificate of need issues
- Liability issues
- HIPAA compliance and business associate relationships
Choice of Entity, Entity Formation and Reorganization
Because healthcare regulations often place restrictions on who can own an entity or how the entity must be structured, it is important to involve healthcare counsel in initial decisions. At Wachler & Associates, our attorneys have extensive experience counseling clients regarding the many considerations that should be taken into account when determining the type of entity that works best for their business needs and prepare and file the corporate documents with appropriate authorities. Further, our attorneys are experienced in assisting clients in corporate reorganizations and structural and ownership changes.
Purchase Agreements and Due Diligence
Because healthcare can be a "risky business" in terms of audit and regulatory liability, purchasing a healthcare business requires thorough due diligence regarding the compliance of the existing entity with regulatory requirements and Medicare claims submission requirements. It is also important for purchasers to understand what steps must be taken in order to transfer Medicare billing privileges or certificates of need. In addition, there are warranty and indemnification provisions that purchasers can use to provide greater protection. In many cases, Stark and other fraud and abuse laws may be applicable. The attorneys of Wachler & Associates have expertise in advising clients on purchasing and selling healthcare businesses including, but not limited to, physician practices.
General Healthcare Agreements
Healthcare businesses, including individual providers, often require agreements for various relationships, such as employment relationships, independent contractor relationships, employment relationships, equipment leases, space leases, real estate transactions, recruitment agreements, and professional service arrangements. These agreements must be reviewed for business terms as well as regulatory compliance. In many circumstances, Stark and other fraud and abuse laws must be considered. The attorneys of Wachler & Associates have expertise in drafting and analyzing the full ambit of contractual relationships between healthcare entities and providers including, but not limited to, physicians, physician groups, hospitals, health systems, hospices, home health agencies, physical therapists, nurse practitioners, nurse midwives, long-term care facilities, skilled nursing facilities and IDTFs.
Purchasing and Supply Chain Agreements
The purchase and sale of medical equipment, devices, and products have several healthcare legal implications including, but not limited to, Fraud and Abuse, HIPAA, FDA and industry guidance. Our attorneys have extensive experience in representing healthcare providers, entities and facilities with acquisitions, regulatory compliance and supply chain operations, and vendors, manufacturers and distributors regarding sales and regulatory compliance. Our attorneys specialize in drafting, reviewing and negotiating contracts. The attorneys of Wachler & Associates also have significant experience in advising clients on regulatory issues pertaining to physician-owned distributorships and group purchasing organizations.