Benesch Healthcare+
Healthcare is extremely complicated, constantly changing, and highly regulated. Benesch Healthcare+ is much broader than just the regulatory representation of healthcare entities. The group has decades of experience representing healthcare industry stakeholders across the gamut of matters ranging from transactions, to administrative and judicial advocacy, to navigating regulatory and compliance complexities that impact their businesses.
Clients who enlist Benesch Healthcare+ can almost always be assured that our attorneys already have experience within their sector of the healthcare industry. Our attorneys have provided counsel to a wide spectrum of for-profit and tax-exempt non-profit healthcare clients throughout the country, including physicians and physician organizations, hospitals and health systems, long-term care and senior living facilities, behavioral health providers, ambulatory surgical centers, dialysis facilities, medical spas, diagnostic imaging enterprises, management and outsourced services organizations, healthcare technology companies, durable medical equipment manufacturers and suppliers, medical device manufacturers and suppliers, pharmaceutical retailers, wholesalers, distributors and manufacturers, accountable care organizations, managed care organizations, home health and hospice agencies and various other healthcare providers, facilities and organizations.
What sets Benesch Healthcare+ apart from many other health law firms is the ability to provide a holistic perspective on the challenges and intricacies of the healthcare industry based on a depth of understanding in areas ranging from antitrust, Medicare and Medicaid reimbursement, private insurance, federal and state fraud and abuse laws, licensure, and survey and certification. Our clients appreciate our ability to evaluate business opportunities and transactions from a healthcare perspective and with a knowledge of how healthcare enterprises operate on a day-to-day basis. In the end, it is the familiarity with healthcare laws and the business of providing or supporting healthcare that cements Benesch Healthcare+ as a powerhouse legal resource in the healthcare industry.
Benesch Healthcare+ has been ranked highly for over a decade in Chambers. Benesch has received the distinction of being ranked in the Top Tier, nationally, for Health Care Law for 2021, 2022 and 2023 by U.S. News & World Report/Best Lawyers® “Best Law Firms.” Chambers reported that Benesch Healthcare+ is a, “Highly experienced practice covering a range of healthcare issues. Maintains a fine track record for its transactional work and is also much in demand for its counsel on state and federal investigations and audits.”
Experience makes up only half of what we offer to our clients. Benesch Healthcare+ takes advantage of our industry experience and exposure to provide fully customized service. Our attorneys immerse themselves in their client’s business and take the time to understand their needs. Then, using our wealth of industry knowledge and legal skills, our attorneys develop customized solutions for each client. With that goal in mind, we engage our forces using a time-tested multi-disciplinary team approach for all of your legal services.
Experience
- Represented Flexpoint Ford as health care regulatory counsel in the acquisition of SouthEast Eye Specialists and Center for Facial Rejuvenation and Select Rehabilitation Centers.
- Representation of Great Lakes Caring Home Health and Hospice as healthcare regulatory counsel in an agreement with Blue Wolf Capital Partners. Under the transaction, Wellspring Capital Management, LLC exited Great Lakes Caring and Blue Wolf Capital has become Great Lakes' new equity partner. Great Lakes Caring is one of the largest providers of in-home post-acute services in the U.S.
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Represented AccentCare Inc. as healthcare regulatory counsel as it entered into definitive agreement to be purchased by Advent International from Oak Hill Partners.
- Represented Wellspring Capital Management, LLC and National Seating & Mobility, Inc. as health care regulatory counsel in an agreement with Court Square Capital Partners.
- Represented MediQuant, a leading, high-growth provider of hospital data active archiving and interoperability solutions, in receiving a significant growth investment from Silversmith Capital Partners (or “Silversmith”), a Boston-based growth equity firm. MediQuant is the pioneer in enterprise active archiving software and legacy decommissioning services for ERP, clinical, financial and revenue cycle software platforms and has generated hundreds of millions of dollars in cost savings for its hospital and health system customers since its founding in 1999.
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Represented AccentCare, Inc., a nationwide leader in post-acute healthcare, in its acquisition of Steward Home Care and Hospice.
- Served as health care regulatory counsel for a New York-based private equity firm in its acquisition of a nationally recognized behavioral health provider specializing in clinical, educational and residential services for children and adults.
- Extensive experience assisting clients in negotiating and navigating value-based care models and organizations such as:
- Managed Care Organizations
- Management Service Organizations (MSOs)
- Provider Sponsored Health Plans
- Independent Physician Association (IPAs)
- Accountable Care Organizations
- Clinically Integrated Networks
- Co-Management Arrangements
- Quality Incentive Payments
- Payments/Allocations for Shared Savings / Shared Risk Programs
- Bundled and/or Capitated Payment Arrangements
- Represented an LTC Facility operator in establishment of a joint venture with a national dialysis provider.
- Represented nursing homes in the negotiation of coordination agreements with dialysis providers.
- Represented a whole person senior care in connection with an innovative risk-sharing arrangement with a large regional hospital chain.
- Performed health regulatory due diligence on a provider organization specializing in care for chronically ill patients subject to risk sharing agreements with private equity backed platform.
- Advised multiple physician practices in connection with risk adjustment audits, investigations and compliance matters with respect to their participation in Medicare Advantage plans.
- Represented a leading national innovative behavioral healthcare organization in connection with obtaining regulatory approval (CON) to establish modernized replacement AMI hospital in Peoria, Illinois and assisting with licensing and certification.
- Represented nephrology group practices in a strategic sale and long-term management agreement with Panoramic Health.
- Provided strategic advice regarding demonstration programs sponsored by the Center for Medicare & Medicaid Innovation, including the Kidney Care Choices (KCC) Model and ACO Realizing Equity, Access, and Community Health (ACO REACH) Model (formerly Global and Professional Direct Contracting (GPDC) Model.
- Advising executives, operators and investors in value-based care and population management companies on regulatory and critical business and policy issues facing companies in this space.
- Advising clients on health regulatory, tax, real estate, and intellectual property matters related to the client’s integrated partnership of physician stakeholders engaged in value-based care arrangements with governmental and commercial payors.
- Negotiated and drafted numerous strategic partnerships for healthcare providers entering in risk sharing arrangements with private equity backed value-based care conveners.
- Negotiated and drafted numerous value-based and risk contracts between payors and health providers, ACOs and other value-based care entities.
- Advising healthcare providers, value-based care conveners, digital health companies and others on regulatory framework specific to value-based care arrangements and their intersection with established healthcare fraud and abuse laws.
- Advised a primary care physician practice on the establishment of an office based lab for the provision of infusion therapy services.
- Represented one of the nation's leading real estate owners in a multi-state acquisition of five healthcare properties for over $24,000,000.00.
- Part of a team serving as outside general counsel to professional association of +52,000 nurse anesthetists. Submitted an amicus curiae brief on behalf of AANA regarding scope of practice and title preservation in the Supreme Court of New Hampshire.
- Represented the buyer in its acquisition of a provider of mental-health services in the State of Washington.
- Represented the buyer in its acquisition of a provider of mental-health services with a focus on telehealth.
- Represented a well-known manufacturer of innovative cannabis products in a successful effort to return their product supply to the Ohio market after a Board of Pharmacy decision that stated their product was not a permitted form of administration.
- Represented a partner group of mental healthcare practices in its acquisition of a provider of mental health services in the state of Washington.
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Represented Resilience Healthcare as corporate and healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Exemption to acquire West Suburban Medical Center and Weiss Memorial Hospital to acute care facilities in the Chicagoland area for $95 million.
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Represented joint venture partners Ascension Health, Midwest Orthopedics at Rush, and Illinois Bone and Joint as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $10 million, ambulatory surgical treatment center.
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Represented Advanced Orthopedic and Spine Care as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $10 million, one operating room ambulatory surgical treatment center.
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Represented Rush University Medical Center as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $51 million, state-of-art cancer treatment center in Lisle, Illinois.
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Represented Family Eye Physicians as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $6 million, two operating room ambulatory surgical treatment center.
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Represented Milwaukee Avenue Eye Center as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $4 million, two operating room ambulatory surgical treatment center.
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Represented Rush Copley Medical Center as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $21 million, Clinical Decision Unit.
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Represented Lindenhurst Surgery Center as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to modernize an ambulatory surgical treatment center.
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Represented Humboldt Park Health as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $27 million, Wellness Center.
- Represented nursing home portfolio in its $450 million dollar acquisition of nineteen skilled nursing facilities along with a pharmacy lab, nurse practitioner business, and independent living facility featuring a capital stack with five different lenders including mezzanine debt, assumption of existing HUD loans, and sale-leasebacks.
- Prepared various cannabis license renewal applications within the state of Illinois.
- Represented provider practice in sale to larger management platform.
- Served as outside general counsel to SUD treatment family of companies.
- Provide compliance services for ABA provider for entry into new markets, including advising on corporate practice of medicine for BCBAs in various states.
- Represented a healthcare provider in a Medicare payment related matter proving that the clinical care services were indeed provided and securing an almost one million dollar remittance.
- Represented plastics manufacturer of polymer disposable medical consumables in its sale of substantially all of its assets to a subsidiary of an international publicly traded company.
- Represented Integra Health Properties (“Integra”) in connection with its joint venture and master lease with Welltower for a portfolio of 147 nursing facilities.
- Represented a pharmacy transportation and logistics company in its sale of assets to the subsidiary of an international publicly traded company.
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Benesch represented Integra Health Properties (“Integra”) in connection with its joint venture and master lease with Welltower for a portfolio of 147 nursing facilities. As part of the transaction, Integra is subleasing the nursing facilities to approximately 15 regional operators. Benesch worked with Integra to facilitate a seamless transition to these new operators by negotiating and closing upon customary management and operations transfer agreements, subleases and other related documents. On December 22, 2022, the first tranche of the transaction closed.
- Represented private equity backed portfolio company in its acquisition of a Georgia based Hospice.
- Represented public and privately-held physician management companies in the acquisition of physician groups.
- Represented a private equity fund in its acquisition of a dental services organization.
- Represented founder dentists in establishment of a dental practice platform, acquisitions of additional locations and negotiation of the enterprise sale to a private equity fund.
- Represented a behavioral healthcare organization in connection with joint venture transactions with local behavioral health providers.
- Represented vascular surgeon and his physician practice in sale to national private equity backed platform of vein clinics.
- Represented a physician, practice, and Ambulatory Surgical Treatment Center (ASTC) focused on in vitro fertilization (IVF) and assisted reproductive technologies (ART) services in a sale to one of the nation’s fastest-growing physician-centric fertility care platforms.
- Assisted partner in the representation of a revenue cycle management company in the home medical equipment space in the sale of substantially all its assets to a competitor, drafted and negotiated all definitive agreements, counseled client, and processed the closing of the transaction.
- Represented revenue cycle management company in the home medical equipment space in the sale of substantially all its assets to a competitor, drafted and negotiated all definitive agreements, counseled client, and processed the closing of the transaction.
- Represent client in a spin out of its general medical practice into a join venture with a practice management company with a focus on home-based models of care and value-based arrangement.
- Support partner in representation of client in a spin out of its general medical practice into a join venture with a practice management company with a focus on home-based models of care and value-based arrangement.
- Represented a Pennsylvania substance abuse and drug rehabilitation center in its sale of stock to a public healthcare company.*
- Represented multiple California dermatology practices in the sale of their businesses to a private equity backed buyer.*
- Represented a residential addiction treatment center, located in Georgia, in its sale of equity to a large national company.*
- Represented a large pathology practice located in Missouri in the sale of its long-term care division to a laboratory and radiology services company.*
- Represented a Michigan dermatology, pathology and clinical trials group in the sale of its business to a private equity backed buyer.*
- Represented a substance abuse recovery center in Maine in its sale of equity to a specialty healthcare organization.*
- Represented a Midwestern dermatology and clinical trials practice group in the $33 million sale of its business to a private equity backed buyer.*
- Represented an Optometrist in the sale of his two locations in Georgia to a national optometry clinic.*
- Acted as co-counsel to a West Coast dermatology group and counsel to the individual doctors in a $90 million recapitalization of its business.*
- Represented a large hospital system in Louisiana in the sale of its outreach business to a publicly-traded laboratory company for $80 million.*
- Represented a hospital-based pathology practice in the acquisition of substantially all of the assets of another pathology practice.*
- Represented an Ohio radiology company in the sale of its practice to a private equity backed buyer.*
- Represented a residential addiction treatment center, located in Texas, in its sale of equity to a private equity backed buyer.*
- Represented multiple Florida dermatology practices in the sale of their businesses to a private equity backed buyer.*
- Represented a large pathology practice located in Missouri in the sale of substantially all of its assets to a publicly-traded laboratory company for $60 million.*
- Represented a recovery center in New Mexico in its sale of assets to a specialty healthcare organization.*
- Represented various nephrology practices in negotiations for their participation in CMMI’s CKCC Options of the KCE Model, a value-based care contracting model.
- Representation of various physician practices in corporate restructuring, physician recruiting and employment matters.
- Represented multiple nephrology practices in establishing dialysis facility and vascular access center joint ventures.
- Represented a multistate physician practice in its sale to a private equity firm.
- Represented a large health system in the disposition of its outpatient dialysis facilities.
- Represented a national ASC development and management company in a series of acquisitions, dispositions and joint ventures.
- Represented a private equity firm in investment in a dental services organization and related acquisitions of dental practices in multiple jurisdictions.
- Counseled founder dentists in establishing a dental practice platform, acquiring additional practices, all the way through the sale of the platform to a private equity fund.
- Represented dialysis providers in transactions related to sale or purchase of dialysis facilities, including the sale or purchase of the related real estate.
- Represented nephrology practices in joint venture transactions (investment and divestment) with large dialysis organizations and dialysis providers.
- Represented various physician practices in the establishment of value-based entities with private-equity backed value-based care providers.
- Represented nephrology practices in sale of practice transactions.
- Represented a kidney care physician practice management company in value-based care arrangements and assisted in their market expansion.
- Advised various providers and suppliers on regulatory flexibilities available under the value-based safe harbors to the Anti-Kickback Statute for care coordination and risk-sharing models.
- Provided compliance advice regarding outcomes-based (and value-added) sales models for medical device manufacturers.
- Developed code of conduct and compliance policies for a medical device manufacturer.
- Developed discount and rebate programs for medical device manufacturers.
- Advised physicians and other licensed professionals regarding complying with advertising and professional conduct restrictions.
- Counseled providers and suppliers regarding satisfying Medicare conditions of payment, conditions of participation, conditions of coverage, and enrollment requirements.
- Advised multiple surgery center and physician clients on developing new service lines addressing state licensure, certificate of need and physician scope of practice laws to achieve strategic business plans.
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Represented nephrologists, nephrology practices and dialysis providers in negotiations of medical director agreements.
- Advised providers and suppliers regarding compliance with federal and state fraud and abuse laws.
- Represented nursing homes in the negotiation of coordination agreements with dialysis providers.
- Represented physician group in its acquisition of a physical therapy practice and investments into an Ambulatory Surgery Center.*
- Represented a national physician staffing company in its sale to a strategic buyer.*
- Represented physician group in sale of multi-provider/multi-office practice to private equity backed national network of dermatology practices.*
- Represented dental practice in its sale to a private equity backed dental service organization (DSO).*
- Represented Nephrology Associates of Northern Illinois and Indiana as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a freestanding End Stage Renal Disease Hemo-Dialysis Center in Sycamore, Illinois.
- Represented Illinois Bone and Joint as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need related to the acquisition of three Ambulatory Surgical Centers in Illinois.
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Represented Rush University Medical Center and Select Medical Corporation as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a new $109 million, 100 bed LTAC/Rehabilitation hospital.
- Represented OrthoIllinois as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $19 million, Ambulatory Surgical Center and $19 million Medical Office Building in Elgin, Illinois.
- Represented multiple health care providers in nephrology and dialysis facility joint ventures.
- Represented Minnesota-based Lifesprk as co-counsel during a strategic investment from Ucare, Minnesota’s largest Medicare Advantage provider. The investment is part of a broader $20 million series B round, co-led by UCare and a Virgo-managed fund.
- Represented client in acquisition of multiple skilled nursing facilities insured by HUD.
- Represented client in acquisition of skilled nursing facility in receivership.
- Represented client in acquisition of home health agency.
- Represent urgent care center in acquisition of facility and in various ongoing transactional and regulatory matters, including formation of management arrangements, COVID-19 testing arrangements, COVID vaccination setups, employment and medical director arrangements and services agreements.
- Represented Insight Chicago, Inc. as healthcare regulatory counsel in obtaining approval for Illinois Certificate of Need in its acquisition of Mercy Hospital & Medical Center from Trinity Health Corporation.
- Counseled Encompass Health, one of the United States' largest providers of post-acute healthcare services, with three Certificate Of Need (CON) permits to establish rehabilitation hospitals in Illinois.
- Represented North Suburban Pain and Spine as healthcare regulatory counsel, in the preparation of the Certificate of Need application for the establishment of an Ambulatory Surgical Center and as transactional counsel to work on issues related to stark and anti-kickback analysis. Presented application before Illinois regulatory board and worked with facility to obtain licensure and accreditation for facility.
- Represented U.S. Healthvest, an innovative behavioral healthcare organization, in connection with obtaining regulatory approval (CON) to establish modernized replacement AMI hospital in Lake County, IL and assisting with licensing and certification.
- Counseled MercyHealth, a non-profit health care provider and hospital system based in Janesville, Wisconsin with over 85 facilities serving a total of 50 communities throughout southern Wisconsin and northern Illinois, with respect to CON applications and regulatory matters.
- Represented UroPartners, the largest Urologic practice in the Chicago area with more than 30 locations and over 60 providers, with respect to a Certificate of Need (CON) application.
- Represented UnityPoint Health – Trinity to obtain regulatory approval to close rehabilitation unit and establish free standing rehabilitation hospital in Moline, IL.
- Counseled Meadows Mennonite Retirement Community with respect to licensing and regulatory guidance throughout the COVID-19 pandemic.
- Serve as outside General Counsel to professional association of +52,000 nurse anesthetists. Recently, filed an Amicus brief on behalf of AANA regarding scope of practice and title preservation in the New Hampshire Supreme Court.
- Represented AccentCare Inc., a nationwide leader in post-acute healthcare, as healthcare regulatory counsel in its merger with Seasons Hospice & Palliative Care, one of the largest hospice providers in the U.S.
- Represent management support organization supplying management services to physician practices in New York, New Jersey and other states with a focus on physician extenders, physiatry, telemedicine and remote patient monitoring so as to enhance EBITDA for future capital event. Handled all aspects of structuring, diligence and execution of all arrangements. Advised on post-closing integration and provide ongoing regulatory support.
- Represent telehealth physician practice, as healthcare regulatory and transactional counsel, in all legal matters with a focus in New York and New Jersey, such as in connection with formation of a management services organization and corresponding medical group, ongoing regulatory guidance in connection with telehealth matters and remote patient monitoring arrangements, drafting services agreements, employment agreements and corporate formation documentation.
- Represented Asana Hospice & Palliative Care as healthcare corporate and regulatory counsel for ongoing acquisitions, numerous regulatory considerations and as regulatory counsel for the sale of Asana Hospice to Amedisys Home Health and Hospice Care.
- Represent cancer center as healthcare regulatory and transactional counsel in various matters, including business formation of physician practice providing cancer and hematology professional services, advising in connection with employment agreements, service agreements, managed care contracting, and other ongoing regulatory matters.
- Represent telemedicine company in healthcare regulatory counselling in connection with domestic and international telemedicine and remote patient monitoring (RPM) arrangements.
- Representation of Bellwether Behavioral Health, a large national provider of services to developmentally disabled individuals, in connection with the appointment of a receiver and the winddown of the company.
- Represented U.S. Healthvest in connection with the acquisitions of Lake Behavioral, Smokey Point and Silver Oaks, all psychiatric hospitals.
- Representation of Ohio Living Ventures, an affiliate of Ohio Living, in its participation in a joint venture with two other continuing care retirement communities for the development of an institutional special needs plan which will be marketed as a Medicare Advantage Plan in the areas served by the joint venture partners. Included review and negotiation of subscription agreements, operating agreement and management agreements for their-party administrator. In addition, reviewed and negotiated Ohio specific documents to allow for the inclusion of additional partners in the Ohio plan. Worked with Ohio Department of Insurance in facilitating issuance of Certificate of Authority for the plan.
- Represented Ohio Living Communities, an affiliate of Ohio Living, in the sale of the Park Vista continuing care retirement community in Youngstown, Ohio to Natick HCG, LLC.
- Represented Continuing Healthcare Solutions in participation in an Ohio specific joint venture to develop a Medicare Advantage Plan.
- Representation of LifeSprk, whole person senior care, in connection with an innovative risk-sharing arrangement with a large regional hospital chain.
- Representation of BMX Imaging, LLC in reorganization of existing ownership to involve sale of 60% of equity to local healthcare system. Includes negotiating term sheet and valuation, drafting and negotiating definitive agreements.
- Representation of a venture capital and private equity firm in the purchase or lease of 20 healthcare facilities in Missouri and the purchase of 17 facilities in Ohio. Since the Ohio facilities became operational, we have continued to represent the firm in four tuck-in acquisitions.
- Ongoing representation of The CommuniCare Family of Companies including in the last year acquiring over 35 facilities in several states, acquiring a 750-unit senior living center in Indianapolis, and several other real estate matters, financed by REITs, commercial banks, and private equity firms.
- Represented Providence Group in connection with its acquisition of three skilled nursing facilities located in northern California, including the drafting and negotiation efforts related to the management and operations transfer agreements, master lease, and purchase option agreement on Providence Group’s behalf.
- Represented Change Healthcare in its acquisition of the Connected Health patient access service unit of Connect America LLC. Change Healthcare uses its Intelligent Healthcare Platform to help customers address challenges with the technical capabilities embedded into its solutions. Change Healthcare uses APIs and AI to help improve patient outcomes, regulatory compliance, operational efficiency, decision making and the consumer experience.
- Advised multiple health care provider clients with compliance and policy development in telehealth during the COVID-19 National Public Emergency.
- Counseled multi-specialty providers with respect to corporate practice of medicine, fee splitting and other health care regulatory concerns.
- Represented nephrology providers in research compliance, transactional joint ventures and other regulatory challenges.
- Represented Encompass Health and BJC Healthcare as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $30 million, 40 bed rehabilitation hospital in Shiloh, Illinois.
- Represented a small-business private equity fund in its growth investment in a NE-Ohio dental partnership organization.
- Represented health care employers during union organization drives.
- Represented a nursing home in wage/hour litigation in federal and state court. The plaintiff initially filed a collective action in U.S. District Court (N.D. of Ohio). Nursing home prevailed in this case upon a motion to dismiss based on the Fair Labor Standard Act companionship exemption. Plaintiff then re-filed in Cuyahoga County Common Pleas Court. This second case was vigorously defended and plaintiff voluntarily dismissed the action with prejudice on the eve of trial.
- Represented a national specialty health care provider in a False Claim Act retaliation case.
- Represented a dental service organization in a discrimination case.
- Worked with a large health care provider to lower both its claims and administrative costs by advising on how to become self-insured for workers' compensation.
- Defended several nursing homes in employment intentional tort and retaliation cases. Obtained summary judgment on behalf of a nursing home in a wrongful discharge and defamation case in Ohio and recovered attorney fees on behalf of the client pursuant to Ohio’s Frivolous Conduct Statute.
- Represented a medical management company in a discrimination case against one of its former key executives.
- Assisted a large nursing home company acquire affiliated businesses.
- Served as regulatory counsel to multiple long-term care and post-acute pharmacy providers in connection with initial formation, pharmacy licensure, Medicare and Medicaid enrollment in the State of Ohio, and non-resident licensure and Medicaid enrollment in bordering states.
- Managed the review, consolidation, reconstitution, and implementation of a streamlined governance structure for a regional health system.
- Represented the buyer in the acquisition of 17 skilled nursing and assisted living facilities in the State of Ohio, including coordination of the operations transfer and corresponding licensure and Medicare and Medicaid provider enrollment processes.
- Represented a leading pharmacy provider to long-term care and post-acute facilities in the acquisition of a regional competitor.
- Represented the incoming operator of two skilled nursing facilities in Nebraska and Iowa as part of a multi-facility portfolio transaction that spanned several states and involved negotiations and coordination with multiple parties, including the seller, buyer, exiting operator, and incoming operator’s working capital lender.
- Represented the new owner of a multi-location home health and hospice provider in the State of Ohio and managed the licensure, Medicare, and Medicaid enrollment processes in connection with the acquisition.
- Reorganization and combination of 8 pediatric dental offices and 3 orthodontic offices in the State of Washington and Oregon
- Represented the buyer in its acquisition of the assets of a dental practice in Florida
- Represented a buyer in the acquisition of a dental practice in Florida
- Represented a private equity owned medical contract manufacturer in its add-on asset acquisition of a manufacturer of orthopedic implants.
- Advised the Medical University of Ohio during its merger with the University of Toledo, creating the third-largest public university operating budget in the state of Ohio at the time.*
- Represented a regional health system in the reorganization of its home health and hospice service lines through a spin out and joint venture with a management company.
- Represented regional nursing home operator in the leasing and the operations transfer of 4 nursing facilities in the State of Wisconsin, including lender negotiations with respect to working capital financing.
- Represented buyer in the acquisition of 17 skilled nursing and assisted living facilities in the State of Ohio, including negotiation and coordination of the operations transfer.
- Represented national nursing home owner/operator in the disposition of multiple facilities in a variety of states, including coordination of landlord and lender negotiations related to the dispositions.
- Represented operator-tenant in the leasing and transition of operations of an 11-facility skilled nursing portfolio in Missouri from a national operator and REIT-owner.
- Represent multiple physician groups in assessment of participation opportunities under Medicare payment reforms including MIPS and MACRA.
- Represent chronic care management SaS Company in negotiation of agreements with post-acute companies and large teaching hospitals in multiple states.
- Represent regional post-acute care company in participation in a regional health system’s accountable care organization including regulation of performance metrics and incentive compensation structures.
- Represent physician enterprise focused on post-acute care in negotiation of participating provider agreements including delegated services for utilization review and care management and risk-based compensation.
- Represent multi-specialty physician practice in assessment and planning for participation in CMS’ Comprehensive Primary Care Plus program including reimbursement structures and quality goals.
- Represent regional health system in implementation of incentive compensation structures under its accountable care organization.
- Negotiate and draft complex service line co-management agreements on behalf of regional health systems for oncology and orthopedics including incentive compensation tied to quality metrics and cost management.
- Represented physician practice enterprise in negotiating Medicare Advantage participating provider agreements and delegated services agreements.
- Represented multi-state post-acute company in development of a hospice joint venture including the acquisition of an existing hospice business.
- Represented a state Medicaid agency in re-negotiation of Medicaid managed care plan agreements to address actuarial deficiency.
- Represented a skilled nursing facility certified for medicare and medicaid in regulatory matter resulting from the social media disclosure of an individual's private health information resulting in a regulatory investigation
- Represented a skilled nursing facility in an appeal of proposal to revoke nursing home license by the Ohio Department of Health and other regulatory matter related to Medicare and Medicaid decertification.
- Represented a hospice organization in an audit by governmental agencies which included medical record review and data analysis. Represented provider in defense of the audit results through assistance with redetermination
- Represented large CCRC entity in the acquisition of an operator of multiple facilities including a skilled nursing facility, an assisted living facility and multiple independent living buildings.
- Represented PharmScript, a leading pharmacy provider to long-term care and post-acute care facilities, in its acquisition of Arxcare.
- Represented The CommuniCare Family of Companies in its acquisition of 16 nursing centers in Indiana, 4 health care centers in Maryland, and 4 others in Virginia, adding more than 1000 beds.
- Representing large regional health system in the acquisition of a governmental hospital and an affiliated physician practice.
- Represented regional owner/operator in the disposition of a 5-property skilled nursing facility portfolio.
- Represented operator-tenant in the transition of an 11-property skilled nursing facility portfolio.
- Represented regional operator in the strategic operations transfer of 20+ skilled nursing facilities over the course of several years.
- Represented Uropartners Surgery Center, LLC in its successful bid to obtain regulatory approval to acquire ownership of the Apollo Surgical Center in Des Plaines, Illinois. See E-029-16 - Apollo Surgical Center, Des Plaines.
- Helped U.S. HealthVest obtain regulatory approval to establish a new 100-bed specialty hospital in New Lenox, Illinois, thus fundamentally improving access to mental health and addiction care for a major portion of the Northern Illinois community.
- Represented Dr. Lucero in a health care fraud case, proffer agreement, cooperation agreement and testimony in criminal trial alleging $12 million health care fraud related to operation of a Home Health Agency.
- Submission of application to establish a surgery center focused on vascular access procedures. See 17-018 - DuPage Vascular Care, Woodridge.
- Represented DSO in nine add-on practice acquisitions to continue to grow regional dental services organization and enhance EBITDA for future capital event.
- Represented large private equity sponsored emergency medical staffing and MSO company as health care regulatory counsel in the acquisition of large emergency physician practice and deal and regulatory counsel in continual add-on acquisition.
- Represented HCP Inc., a real estate investment trust (REIT) in the transition of 14 assisted living facilities from NNN leases to RIDEA management structure, and negotiation of OTA with exiting operators and management agreement with new managers.
- Helped U.S. HealthVest obtain regulatory approval to establish a new 100-bed specialty hospital in Northbrook, Illinois, thus fundamentally improving access to mental health and addiction care for a major portion of Lake and Cook Counties.
- Acquisition of a strategic parcel of real estate for a long-term care, skilled nursing home operator client.
- As the former General Counsel of the Health Facilities and Services Review board, represented a group of nursing homes before the Board, in the Circuit Court, and at the Appellate Court to support a decision of the Certificate of Need Board
- Represented corporate ownership and its medical director in discussions and negotiations with United States Drug Enforcement Agency
- Represented Kohlberg & Co. in the acquisition of Bournewood Hospital and its associated outpatient substance abuse treatment facilities. Handled all health care regulatory and transactional matters related to this acquisition.
- Represented Bellwether Behavioral Health (Advoserv) in a regulatory action by the Delaware Office of Child Care Licensing, successfully negotiating the dismissal of the notice and resolution of the circumstances.
- Represented a physician facing criminal charges from a DEA investigation alleging improper issuance of prescription pain medications resulting in non-custodial resolution.
- Successfully argued in Illinois 4th District Appellate Court for reversal of an administrative review case involving regulatory violations against a long-term care facility.
- Represented multiple pharmacies in Medicaid audits and OIG investigations seeking recoupment of Medicaid funds.
- Represented the owner of a pharmaceutical company facing criminal charges alleging improper distribution of prescription drugs and related conspiracy charges related to allegations of improper wholesale distribution.
- Represented the physician owner of a Home Health Agency facing allegations of health care fraud and successfully facilitated a cooperative proffer with the government.
- Represented the CEO of a Home Health Agency throughout investigation into allegations of health care fraud throughout the health system, resulting in no charges being filed.
- Represented a hospital in an arbitration hearing centering upon a breach of contract action against a managed care company.
- Represented a wholesale distributor in a DEA seizure action and filed a writ of mandamus, resulting in the DEA returning millions of dollars of active pharmaceutical ingredients.
- Represented a long-term care pharmacy in DEA audits and compliance investigations.
- As state prosecutor, tried multiple first-degree murder jury trials, along with bench trials and jury trials for dozens of other felony offenses.
- Represented a Home Health Agency owner in a government investigation to alleged misconduct and successfully exhibited to the government the perceived misconduct had not occurred, resulting in no charges being filed.
- Represented individual unit owners in obtaining a temporary restraining order (TRO) and successfully mediated a dispute involving fiduciary duty of the condominium building Board of Directors.
- Represented a medical biller facing an investigation due to alleged misconduct of employer with the goal of ensuring appropriate protections while navigating a cooperative process.
- Represented a compounding pharmacy related to a DEA-issued Order to Show Cause, an administrative hearing, and a counterclaim seeking injunctive relief to dissolve an order of immediate suspension.
- Represented a long-term care facility in a multiple-year government investigation, including seizure of computer systems without charges being filed, and effected return of all seized records and materials.
- Represented the owners of a Home Health Agency throughout the government issuance of a search warrant and related investigation without charges being filed.
- Represented a rehabilitation company throughout a government investigation resulting in government decision not to pursue civil or criminal charges.
- Represented a national professional association in drafting multiple amicus briefs in state, federal and U.S. Supreme Courts.
- Represented multiple businesses and individuals in responding to government subpoenas and civil investigative demands with minimal disruption to ongoing business functions.
- Represented a physician facing allegations of health care fraud involving acceptance of kickbacks and allegations regarding improper certification of patients for home health care.
- Represented a long-term care facility and owners in qui tam litigation alleging violations of the False Claims Act centering upon allegations of substandard quality of care.
- Represented a long-term care facility owners challenging the decision of the Illinois Certificate of Need Board resulting in reversal of the decision and issuance of landmark decision by appellate court.
- Represented a long-term care facility in a legal challenge to the Centers for Medicare and Medicaid Services (CMS) five-star rating system, including conduct of oral arguments in the Seventh Circuit.
- Represented long-term care facility owners supporting decision of Illinois Certificate of Need Board resulting in upholding of Board decision and clarification of Board’s authority.
- Represented a Home Health Agency owner and medical director facing allegations of health care fraud to secure resolution resulting in a beneficial sentence substantially lesser than that of co-defendants.
- Represented nursing home administrator indicted for felony criminal neglect in matter of first impression due to government efforts to impose criminal liability upon a nursing home administrator.
- Represented seller in the sale of an intermediate care facility for individuals with intellectual disabilities (IFD-IID) to national chain owner/operator (Mentor Network) of ICF-IID facilities.
- Represented buyer in acquisition of 7 skilled nursing facilities located in Maryland and West Virginia.
- Represented buyer in the acquisition and financing of 7 nursing facilities which involved REIT financing with an option to purchase.
- Served as interim general counsel for the DME division of Fortune 500 health care services company.
- Represented regional operator in the acquisition of multiple nursing and assisted-living facilities, including coordination of licensure and Medicare/Medicaid filings related to the same.
- Represented for-profit buyer in the acquisition of a behavioral health hospital from a non-profit seller.
- Represented seller in the disposition of an MRDD facility to a publicly-traded buyer.
- Represented closely-held family business in disposition of nursing facility and related home health business.
- Represented private equity firm Kohlberg & Co., as health care regulatory counsel, in its acquisition of the Meadows, which has treatment centers in Arizona that offer inpatient, outpatient and intensive outpatient levels of care.
- Representation of HCP Inc., as health care regulatory counsel, in connection with its planned spinoff of certain assets into a separate and independent REIT.
- Served as health care regulatory counsel for a New York-based private equity firm in its acquisition of a nationally recognized behavioral health provider specializing in clinical, educational and residential services for children and adults.
- Extensive experience defending medically complex personal injury matters arising from drugs, dietary supplements, and other manufactured products.
- Extensive experience in defending professional liability claims on behalf of physicians and hospitals.
- Served as deal counsel for a regional health system in the reorganization of its home health care and hospice service line through a spin out and joint venture with a management company.
- Represented a client in the renewal of an emergency medicine staffing agreement across four health care facilities.
- Served as deal counsel in recapitalization and reorganization of an ambulatory surgery center, including the addition of a health system partner and sale and leaseback of real estate assets.
- Provided regulatory and technical advice to closely held home health company related to the 36-month rule and structuring partner buyout.
- Represented a private equity fund in the acquisition of a multi-state home health and hospice provider.
- Advised nursing facilities in preparing for and completing HUD refinancings.
- Represented publicly-held company in connection with the federal and state regulatory investigations of DEA record keeping violations.
- Represented numerous long-term care and assisted living facilities in mergers, acquisitions and leases, Medicare and Medicaid reimbursement matters, licensure and certification matters, financings, and survey and enforcement matters.
- Represented numerous primary care and specialist physician groups in connection with a wide range of corporate and health care related matters.
- Provided regulatory and technical advice to numerous long-term care providers in connection with licensure and certification surveys.
- Represented Caxton-Iseman in health care transactional and regulatory matters in connection with its acquisition of North American Health Plans.
- Developed corporate compliance plan for physician's practices.
- Disposed of two health care facilities with different owners while contemporaneously leasing to a third-party operator. The disposing entity was insolvent and required extensive negotiations with creditors, claimants, taxing and regulatory authorities.
- Assisted a nursing facility in the development of a plan of correction for multiple citations including immediate jeopardy and substandard care.
- Developed corporate compliance plan for long term care facilities.
- Represented a skilled nursing facility in an appeal of civil money penalties for alleged Medicare and Medicaid noncompliance that resulted in the withdrawal of a penalty in excess of $500,000.
- Represented Genoa Healthcare Holdings, LLC, a regional specialty pharmacy chain, in connection with its recent equity investment by Fluke Partners and Benaroya Capital.
- Represented Oak Hill Capital in connection with health care transactional and regulatory matters in connection with its acquisition of Duane Reade, a large retail pharmacy chain.
- Purchased assets including beds from a bankrupt nursing home operator, obtained the certificate of need and represented the developer in implementing the purchase
- Designated lender's counsel for health care matters for two national health care lending banks.
- Served as regulatory counsel for numerous long-term care facilities, including nursing homes, CCRCs, MRDD residential care providers and dialysis facilities.
- Acted as an expert witness in a Bankruptcy Court proceeding to determine the ownership of the CON and operating rights of a 230+bed facility in the Bankruptcy Court.
- Represented publicly and privately-held entities in connection with several false claims and qui tam actions.
- Represented pharmacy providers in connection with numerous regulatory and reimbursement matters.
- Represented General Atlantic Partners in health care transaction and regulatory matters in connection with its acquisition of Multiplan, Inc. from BCE-Emergis.
- Litigated and/or compromised 15 Medicare appeals, including two through the Provider Reimbursement Review Board and the United States District Court, involving Medicare reimbursement issues.
- Represented the Unsecured Creditors Committee of Lenox Health in connection with Lenox's Chapter 11 reorganization proceedings.
- Acted as developer's representative for a continuing care retirement community's financing.
- Represented NCS Healthcare, Inc., a publicly-owned institutional pharmacy as outside general counsel.
- Assisted a nursing facility in an informal dispute resolution proceeds that resulted in the deletion of an immediate jeopardy citation.
- Successfully represented long-term care facilities in efforts to collect debts owed throughout the United States in cases involving fraudulent transfers, statutory liability, and other claims.
- Successfully represented national therapy providers in commercial collection litigation throughout the United States for millions of dollars.
- Successfully represented national institutional pharmacies throughout the United States in six-figure commercial collection disputes with nursing homes and hospital systems.
- Represented public and privately-held physician management companies, including Caremark and Telesis, in the acquisition of numerous physician groups.
- Represented three privately-held, long-term provider chains in the simultaneous auction and sale of nursing facilities for over $130 million.
- Represented regional health care provider in the acquisition and financing of seven long-term care facilities with different owners and financed by different but related lenders, including all transactional and regulatory compliance issues.
- Advised a national client in connection with the disposition of eleven long-term care facilities in the State of Ohio.
- Only attorney member of the Ohio Department of Mental Retardation and Developmental Disabilities Medicaid Working Group.
- Successfully negotiated resolution to multimillion dollar dispute involving ownership of operating rights to a nursing home.
- Involved in the development of the new perspective payment system for long-term care facilities as an industry trade group designated representative.
- Served as special counsel to a purchaser of one of the largest pharmacy benefits administrators in the U.S.
- Represented numerous private equity and mezzanine funds in health care transactional and regulatory matters.
- Represented Carespring Health Care Management in connection with the acquisition of 286 nursing home beds from the defunct Lakeview Terrace Nursing Home in northern Kentucky.
- Represented a physician group practice in the development and capitalization of several freestanding dialysis centers.
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Represented Smith Senior Living as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $23 million, 78 bed skilled nursing and rehabilitation facility.
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Represented Soderstrom Dermatology Center, S.C. as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Exemption to sell their existing Ambulatory Surgical Treatment Center.
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Represented ConcertoHealth in the termination of its provider and delegated services agreement with Michigan Complete Health.
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Represented Illinois Spine Institute as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct an Ambulatory Surgical Treatment Center.
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Represented Ohio Living in its participation in a joint venture with two other continuing care retirement communities for the development and generation of an institutional special needs plan which will be marketed as a Medicare Advantage Plan in the areas served by the joint venture partners.
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Represented North Suburban Pain and Spine Center as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct an Ambulatory Surgical Treatment Center.
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Represented Vascular Access Center as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct an Ambulatory Surgical Treatment Center.
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Represented US HealthVest LLC as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $30 million, 146 bed acute mental illness hospital.
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Represented Illinois Back and Neck Institute as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct an Ambulatory Surgical Treatment Center.
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Represented Continuing Health Care Solutions, Inc. (CHS) in receiving $43.3 million term loan and line of credit from Oxford Finance LLC.
- Represented Buyer in acquisition of mental health inpatient and outpatient facilities in New York.
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Represented Ignite Medical Resorts McHenry as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $17 million, 84-bed skilled nursing and rehabilitation facility.
- Represented sleep services provider in OIG investigation of alleged improper billing practices, violation of IDTF regulations, and physician compensation issues.*
- Represented distributor of pharmaceutical generics in negotiation of three-party supply agreement with ANDA holder and German drug manufacturer.*
- Assisted hospital system in implementation of IT infrastructure for pediatric joint venture arrangement with academic medical center.*
- Negotiated EMR license agreement and related implementation agreements for total value of $125m.*
- Assisted pediatric physician group in reimbursement claim against EMR provider.*
- Represented ambulatory surgery center against former management company.*
- Represented Insight as regulatory counsel on its acquisition of Mercy Hospital.
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Represented Encompass Health as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $52 million, 60 bed rehabilitation hospital.
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Represented STET in the leasing and transition of operations of an 11-facility skilled nursing portfolio in Missouri from a national operator and REIT-owner.
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Represented The CommuniCare Family of Companies in the sale of Commons at Greenbriar, a 50-unit assisted living community located in Youngstown, Ohio suburb of Boardman, to EDM Management, Inc.
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Represented MercyHealth as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a Sub-Acute Unit at the Rockford Hospital.
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Represented Illinois Bone and Joint as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to perform surgeries in additional categories of service at their existing Ambulatory Surgical Treatment Center.
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Represented Nephrology Associates of Northern Illinois and Indiana as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Exemption to acquire an Ambulatory Surgical Treatment Center.
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Articles and Presentations
September 8, 2023
Benesch Healthcare+ Dialysis & Nephrology Digest No. 44
August 3, 2023
Benesch Healthcare+ Dialysis & Nephrology Digest No. 43