Health Care Transactions

Health care transactions involve legal and regulatory challenges unique from other business deals. When undertaking a merger, acquisition, partnership, capital financing or similar ventures, hospitals and other health care providers need legal counsel experienced in both negotiating complex deals and handling the many related regulatory and tax issues that accompany such transactions. Womble Carlyle has assembled a cross-disciplinary team to help health care providers meet these challenges.

 

Health care systems, hospitals, physician groups and other health care providers rely on Womble Carlyle to successfully complete business transactions in a timely, cost-effective manner. We advise clients in connection with:

 

Our experience includes anti-kickback statutes, Stark Law and state regulations, such as Certificate of Need laws and licensure requirements.

 

During acquisitions of physician practices, Womble Carlyle advises clients on provider-based rules and Joint Commission standards. Our team also performs due diligence on potential regulatory issues in pending contracts and other transactions.

 

Health care providers must ensure that their tax-exempt status is maintained and protected during any transaction. For example, hospitals must consider the potential effects of joint ventures and other arrangements with for-profit entities on their tax-exempt status.

 

The recently revised Form 990 places a greater reporting burden on non-profits, particularly in the areas of executive compensation and corporate governance. In addition, recent federal legislation further imposes conditions on the maintenance of the tax-exempt status of non-profit health care providers. Womble Carlyle works with health care providers in their efforts to comply with these increased reporting requirements.

 

Mergers, acquisitions and other transactions bring complex employee benefits and executive compensation issues, and our team has considerable experience working with providers on such issues. We also represent health care clients in negotiations with labor unions and professional organizations.

 

Womble Carlyle is the top-rated law firm in North Carolina for Antitrust Law, according to Chambers USA. Our team includes a former Assistant Director of the Bureau of Competition of the Federal Trade Commission in charge of health care enforcement.
 

Our health care antitrust experience include FTC and state audits, contracting disputes, monopolization claims, price-fixing allegations, mergers & joint ventures, and conspiring to restrict trade claims.

 

Womble Carlyle serves as both bond counsel and borrower’s counsel to public and non-profit 501(c)(3) health care providers in tax-exempt bond financing and tax-exempt lease financing for capital improvement projects and equipment purchases.