Whether it is a purchase, sale, merger, or affiliation, transactions are almost never the same, and that is especially true when it comes to health care transactions. Health care transactions can be particularly complex and require creative solutions for navigating the multitude of legal and regulatory issues involved, and the lawyers at Nicholson & Eastinhave extensive experience in structuring compliant arrangements for the health care industry. For example, in addition to general compliance with standard federal and state laws, parties to a health care transaction must also take into consideration regulatory matters such as corporate practice of medicine issues, licensing, change of ownerships rules and filings, as well as payor requirements, HIPAA, fraud and abuse implications, FMV issues, legacy liability exposure and indemnification issues, and third-party vendor agreements including referral sources, among others. This is true whether you are buying or selling a medical or dental practice/clinic, durable medical equipment provider, laboratory, pharmacy, imaging center, home health agency or nurse registry, PPEC, or med-spa.
Unlike conventional business attorneys, experienced health care transaction lawyers can better navigate these issues which are unique to health care transactions. The attorneys at Nicholson & Eastin, LLP, are experienced in representing individuals and entities on both sides of a health care transaction through the full life cycle of a transaction, beginning with the negotiation of a Letter of Intent and continuing through ensuring compliance with post-Closing obligations. Among other things, the attorneys at Nicholson & Eastin, LLP, will advocate your interests in the negotiation and drafting of the sale or acquisition and other related agreements and documents.
Additionally, many health care transactions include requiring timely notification to state licensing agencies and associated accreditation agencies (the Joint Commission/ACHC). Similarly, federal and state payors must be timely notified of changes in ownership/control to ensure no disruption to reimbursement. The attorneys at Nicholson & Eastin, LLP, routinely handle changes of ownership and information (CHOW/CHOI) with the Florida Agency Health Care Administration (AHCA), credentialing applications with federal and state payors (Medicare/Medicaid), as well as notifications to commercial payors.
Furthermore, following closing, the attorneys at Nicholson & Eastin, LLP, can assist health care entities and individual practitioners with the preparation and negotiation of an Operating or Shareholders Agreement, as well as employee, independent contractor, Medical/Clinical Director, and Management or Consulting Services Agreements; disputes with billing companies, audits and disputes with federal, state, and commercial payors; and HIPAA compliance, among other things.