On June 11, Senators Elizabeth Warren (D-Mass) and Edward Markey (D-Mass) introduced a bill titled “The Corporate Crimes Against Healthcare Act of 2024.” The proposed Act would criminalize acts of senior executives who...more
On April 23, 2024, the U.S. Federal Trade Commission (FTC or Commission) finalized a rule, by a vote of 3-2, abolishing the vast majority of employee covenants not to compete across the United States (the Non-Compete Rule or...more
On April 3, 2024, Senators Edward Markey (D-Mass.) and Elizabeth Warren (D-Mass.), chaired a Senate Health, Education, Labor, and Pensions (HELP) Subcommittee on Primary Health and Retirement Security field hearing titled,...more
4/11/2024
/ Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
For-Profit Corporations ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Healthcare ,
Healthcare Workers ,
Investment ,
Licenses ,
Medicare ,
Private Equity ,
Proposed Legislation ,
Request For Information ,
Transparency
In this episode, partner Jana Kolarik of Foley’s Health Care Practice Group interviews partner Roger Strode of Foley’s Health Care and Transactional Practice Groups and Michael Ramey, managing principal of PYA's Strategic and...more
10/17/2023
/ Acquisitions ,
Anti-Kickback Statute ,
Compliance ,
Due Diligence ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Hospital Mergers ,
Indemnity ,
Private Equity ,
Recapitalization ,
Self-Disclosure Requirements ,
Stark Law
Physician recapitalization transactions are complex by nature and often present myriad issues. At Foley, in our representation of both investors in, and sellers of, physician practices, we note how often tax issues become...more
New York Governor Kathy Hochul unveiled a proposal, set forth in the Health and Mental Hygiene Article VII Legislation associated with the proposed State Executive Budget for FY2024 (see Article 45-A) (Executive Budget), that...more
Private equity investors are showing increased interest in the cardiology space. Why? Likely several reasons. The United States is aging, and becoming more obese, and the need for cardiologists will increase as a result. This...more
With the pace of health care transactions showing no signs of slowing, we, at Foley, regularly counsel both investors and sellers of physician practices.
The typical physician practice transaction involves the sale of...more
As deal lawyers we, at Foley, continue to see high volumes of health care private equity (PE) backed platform transactions. While the number of deals in the space is down, year over year, the industry is still on pace to...more
The COVID-19 vaccine mandate implemented by the Centers for Medicare and Medicaid Services (CMS) has affected investor interest in non-acute care providers and suppliers, including home care providers. As our colleagues...more
Physician consolidation continued on a robust pace this past year, despite, or maybe because of, the Pandemic. Physician-owned orthopedic practices appear to be no exception to this trend. Interestingly, orthopedic...more
1/13/2022
/ Ambulatory Surgery Centers ,
Anti-Kickback Statute ,
CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Monetary Penalty ,
Coronavirus/COVID-19 ,
Durable Medical Equipment ,
EBITDA ,
False Claims Act (FCA) ,
Health Care Providers ,
Industry Consolidation ,
Investment ,
Medical Billing Codes ,
Paycheck Protection Program (PPP) ,
Physicians ,
Private Equity ,
Provider Relief Fund ,
Stark Law
We continue to see affiliation activity among hospitals and health systems, albeit at a slower pace than previously experienced, likely due to the COVID-19 pandemic and the resulting slow down in elective care, staffing...more
Health care provider boards of directors have been put on notice—given these two recent Delaware court decisions - Clovis and Marchand—that courts may be willing to significantly extend a corporate board’s Caremark duty to...more
1/14/2020
/ Bad Faith ,
Board of Directors ,
Breach of Duty ,
Caremark claim ,
Compliance ,
Corporate Officers ,
DE Supreme Court ,
Duty of Loyalty ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Oversight Duties ,
Personal Liability ,
Pleading Standards ,
Regulatory Standards ,
Risk Management
With the pace of orthopedic medical practice recapitalizations showing no signs of slowing, it is appropriate to review certain of the most critical legal issues that any buyer considering a transaction must take into...more
1/7/2020
/ Ambulatory Surgery Centers ,
Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Monetary Penalty ,
False Claims Act (FCA) ,
Health Care Providers ,
Hospitals ,
Medicaid ,
Medicare ,
Physicians ,
Recapitalization ,
Risk Management ,
Stark Law ,
Strategic Planning
In a move to provide the Attorney General with oversight authority with respect to certain health care transactions in the State of Florida, the Florida House Health Market Reform Subcommittee recently approved a measure that...more
12/20/2019
/ ACOs ,
Acquisitions ,
Civil Investigation Demand ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Hospitals ,
Jurisdiction ,
Material Change Doctrine ,
Mergers ,
Physician-Owned Hospitals ,
Proposed Legislation ,
Regulatory Oversight ,
State Attorneys General
We continue to see activity in the hospital and health care system affiliation space. While few actually believe that the “Medicare for All” proposals will garner the support of a majority of the American people and are...more
Welcome to Foley & Lardner LLP’s Health Care MarketTrends. In this issue, we examine private equity investment in specialty areas of the health care industry, specifically dermatology and orthopedics....more
9/17/2019
/ Anti-Kickback Statute ,
Audits ,
Billing ,
Centers for Medicare & Medicaid Services (CMS) ,
Coding ,
Health Care Providers ,
Hospitals ,
Investors ,
Medicaid ,
Medicare ,
Private Equity ,
Private Equity Firms ,
Specialty Healthcare ,
Stark Law
Transactions for ambulatory surgical centers are on the rise, especially between hospitals and community physicians. Foley & Lardner’s Roger Strode examines reasons for the uptick and says careful structuring of these deals...more
The past several years have seen resurging interest in ambulatory surgery center (ASC) transactions. As previously covered in Health Care Law Today, ASCs have made a comeback with involvement of multi-specialty groups. This...more
Ambulatory surgery center (ASC) development and ownership has made a comeback after a number of years of stagnation due to an oversupply of centers and poor income growth. However, with significant changes in payment...more
3/29/2019
/ Ambulatory Surgery Centers ,
Anti-Kickback Statute ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Medicare ,
OIG ,
Patient Referrals ,
Physicians ,
Safe Harbors ,
Specialty Healthcare ,
Surgery
We have posted previously in Healthcare Law Today related to physician private equity transactions, commonly called “recapitalizations.” Most of the discussions have been about the “who,” the “why” and the “how” of these...more
As noted in previous Health Care Law Today blog posts, we have seen an uptick in private equity recapitalization transactions in orthopedics. We expect this trend to continue, and to pick up pace, as the economy remains...more
1/8/2019
/ Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Homeland Security (DHS) ,
Health Care Providers ,
Hospitals ,
Joint Venture ,
Physicians ,
Private Equity ,
Private Equity Funds ,
Recapitalization ,
Stark Law
The past decade has seen a tremendous amount of private equity investment in physician practice recapitalizations, primarily in hospital-based practices such as anesthesiology and radiology as well as “retail medicine...more
12/4/2018
/ Ambulatory Surgery Centers ,
Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
EBITDA ,
Investors ,
Physician-Owned Hospitals ,
Physicians ,
Private Equity Funds ,
Recapitalization ,
Rollover Equity ,
Stark Law
Those who follow hospital and health system M&A activity know that the market has been “frothy.” We all see the high profile, “sexy” deals that appear in the news headlines but, for every large deal, there are myriad smaller...more
The past decade has seen a tremendous amount of private equity investment in physician practice recapitalizations, primarily in hospital-based practices such as anesthesiology and radiology as well as “retail medicine...more
6/4/2018
/ Acquisitions ,
Ancillary Agreements ,
Anti-Kickback Statute ,
BPCI ,
Centers for Medicare & Medicaid Services (CMS) ,
EBITDA ,
Health Care Providers ,
Hospitals ,
Investment ,
Investors ,
Pharmaceutical Industry ,
Physicians ,
Private Equity ,
Private Equity Funds ,
Stark Law