Health - M&A

Mergers, acquisitions, affiliations, member substitutions and similar transactions, by their nature, are generally extraordinary events in the life of the affected health care organization or institution. Our health lawyers have the experience to assist an organization’s leadership as it evaluates deal structuring issues, determines the nature and scope of appropriate due diligence, responds to internal sensitivities and external pressures, and copes with all of the business and legal issues that must be addressed before successful completion of a transaction.

Drawing on the experience possessed by our health lawyers in the many facets of regulatory and business transactional issues, we successfully provide health clients with creative business solutions. In addition to our recognized experience in such core health care regulatory matters such as Medicare reimbursement matters, Stark and Anti-Kickback law interpretations, Health Insurance Portability and Accountability Act (HIPAA), Emergency Medical Treatment and Active Labor Act (EMTALA), and other issues, we provide services in other areas that often arise in health care transactions, including: tax-exemption issues in the change of control and joint venture contexts; taxation issues relating to structuring transactions involving one or more for-profit parties; employee benefit issues for "church plans," spin-offs of 403(b) plans; and the entire array of benefit termination and transition issues raised by mergers and acquisitions and similar transactions. Our Firm’s White Collar Crime Practice Group works closely with our Health M&A Group to assess the risks inherent in ongoing governmental investigations involving one or more transaction parties. Our Labor Group often assists health care clients in connection with WARN Act and union issues presented by proposed merger, acquisition, affiliation and membership substitution transactions in the health care field. Our securities lawyers assist in offerings of stock, LLC membership interests, limited partnership interests and other securities involving health care entities, to physicians and to other investors. Additionally, our real estate lawyers assist health care transactional clients in not only real property transfers, but also analysis of property tax exemption, zoning, environmental and other issues that arise in many health care transactions.

Our extensive knowledge of health care transactions enables us to counsel clients in many capacities as they face potential transaction hurdles – whether involving Attorney General approval; community concerns raised by mergers or acquisitions involving Catholic and non-Catholic institutions; tax-exemption or fraud-and-abuse law issues presented by proposed joint ventures; medical and executive staff consolidation matters or other issues.

Contacts

Health Client Services

McDermott Will & Emery

McDermott Will and Emery