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
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
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
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
After a prolonged period of stagnant growth primarily due to a glut of capacity coupled with flat or declining revenue growth, we’re beginning to see a resurgence of Ambulatory Surgery Centers (ASCs). In fact, experts are...more
5/25/2018
/ Ambulatory Surgery Centers ,
Health Care Providers ,
Hospitals ,
Investors ,
Joint Venture ,
OIG ,
Patient Referrals ,
Physician-Owned Distributors ,
Physicians ,
Revenue Growth ,
Safe Harbors ,
Stark Law
In a town that is no stranger to landmark hospital merger cases, last month a Chicago federal judge denied the Federal Trade Commission’s (FTC) motion for a preliminary injunction to temporarily block a merger between...more
From hospital expansions with large insurance deals to physician group consolidation, the continued outlook for health care mergers and acquisitions in 2016 is expected to be rampant. The following six factors will likely be...more
We are in the midst of a trend involving the “outsourcing” of certain outpatient and ambulatory services by hospitals and health systems. These outsourcing transactions often involve partnerships with for-profit, specialty ...more
The trend of affiliations between healthcare providers (we use the term “affiliation” to include all manner of transactions, including mergers, acquisitions, joint operating arrangements, etc.) continues at a rapid pace....more