Healthcare Law

The scope and capabilities of the Weintraub Healthcare attorneys and Healthcare group are unique to the region and in demand nationwide. Our expertise includes managing complex healthcare mergers & acquisitions, advice on emerging provider types and treatment models, representation in a wide array of healthcare-related joint ventures, counseling on Medicare and Medi-Cal enrollment and certification matters, and guidance on the full spectrum of agreements and regulatory matters that their clients face. The lawyers in this Group bring decades of experience, technical skill, and industry knowledge to every engagement.

Weintraub healthcare attorneys are known for their expertise in business law, regulatory healthcare law, and mergers & acquisitions. Their healthcare clients reflect a broad spectrum of entities and their investors, such as health systems, medical foundations, ambulatory surgery centers (ASCs), independent practice associations (IPAs), healthcare technology companies, behavioral health providers, concierge and telehealth companies, home health providers, durable medical equipment suppliers, and private equity/venture capital investors in various healthcare niches. The attorneys in the Healthcare group often serve as general counsel/transactional counsel/healthcare regulatory counsel to startups, established businesses, or private or public consolidators of various healthcare providers. In addition to serving healthcare clients, the Weintraub healthcare lawyers are experienced merger & acquisition and transactional business attorneys.

Salem & Green merged with and into Weintraub Tobin in January 2022. Read more about the merger here.

The Weintraub Healthcare group provides experienced counsel in complex healthcare-related mergers & acquisitions. Healthcare organizations often streamline their operations through mergers, acquisitions, joint ventures, or other transitions. Keeping that goal in mind, the Weintraub Healthcare attorneys offer strategic counsel at every stage of a deal and often far beyond, including due diligence, valuation, risk mitigation, financing, and design. The Weintraub Healthcare group also provides for the design and implementation of post-closing and operational systems as well as post-closing business strategy and licensure, enrollment transaction filings, and compliance systems design.

The attorneys in Weintraub’s Healthcare group combine transactional and regulatory experience with industry knowledge to help clients plan and execute capital-raising transactions. Our attorneys assist publicly-traded and privately-held companies as well as nonprofits to establish appropriate governance policies and practices.

With experience assisting a variety of capital markets participants in a full range of financial transactions, the Healthcare group attorneys are uniquely positioned to provide practical solutions to clients quickly and efficiently.

Private equity transactions carry inherent risk, but healthcare industry deals are subject to additional regulatory risks that add many layers of complexity to a deal. Weintraub’s Healthcare and Corporate attorneys help private equity firms and their portfolio companies by bringing together experienced healthcare regulatory lawyers who understand the demands of compliance with dealmakers who have extensive experience in private equity-backed transactions.

The Weintraub Healthcare attorneys advise healthcare providers on virtually all aspects of healthcare regulation, including compliance with Medicare/Medicaid payment rules, provider enrollment rules, government and private-payor reimbursement laws, privacy regulation, facility licensure and certification, and professional scope of practice. Our healthcare team has extensive experience in regulatory issues with the California Medi-Cal program, including payment, structure, enrollment, and claim logic expertise for healthcare providers both in the Medi-Cal program and its various subprograms such as Family PACT, Medi-Cal Presumptive Eligibility, and the Every Woman Counts programs.

Our healthcare lawyers counsel clients in Medicare/Medicaid fraud & abuse statutes and the Stark Law, as well as other federal and state self-referral prohibitions with the goal of avoiding regulatory violations.

The attorneys in Weintraub’s Healthcare group have extensive experience with the complex and ever-changing Medicare and Medicaid programs. Their understanding of Medicare and Medicaid allows them to anticipate needs and respond quickly and efficiently.

Weintraub healthcare lawyers regularly speak with clients about reimbursement rules and issues and answer questions related to enrollment, credentialing and licensing, billing processes and related matters, as well as Medicaid and Medicare billing privilege reinstatement.

Weintraub attorneys provide advice and counsel on many aspects of the complex and highly regulated healthcare industry, including Medicare and Medicaid regulatory compliance, hospital and physician payment and reimbursement, HIPAA privacy and confidentiality issues, licensing, and physician contracting, and COVID-19 regulatory compliance.

Weintraub healthcare lawyers have frequently prepared and negotiated physician recruitment arrangements, simple and complex professional services agreements, call coverage agreements, key vendor agreements, management services agreements, administrative services agreements involving quasi-professional services, and employment agreements for healthcare professionals. Our healthcare attorneys have extensive experience with the review and analysis of healthcare valuations.

The Weintraub healthcare group has extensive experience structuring and forming joint ventures between physicians and/or medical groups, hospitals, medical foundations, and management companies and has advised investors concerning the restructuring of such ventures including recapitalizations, interspecies mergers, and tender offers.

Our attorneys understand the complexity and nuances involved in joint ventures and other strategic alliances, and work with clients as they expand into new markets, fund research and development, and enter alliances to share risks and rewards. Our healthcare attorneys have created joint ventures nationwide—from formation to exit—and they bring that depth of experience to each client’s project, including ongoing state and federal compliance, general contracting issues, anti-kickback statute compliance, assistance with litigation strategies, preparation of operating agreements and governance structures, negotiation of management agreements, and the review of ancillary arrangements for management, professional, and billing services.

If clients’ needs expand to include tax strategies, key employee compensation, intellectual property issues, land use matters, or any of the myriad issues that can arise in a complex joint venture or alliance deal, our healthcare attorneys can work with other professionals across the Firm to provide comprehensive advice, strategy, and solutions.

Our Healthcare attorneys have represented investors and emerging businesses in a wide variety of capital formation transactions, including advice concerning the choice of entity, negotiations over investor rights, angel and venture capital transactions, recapitalization transactions, and financings in an insolvency context. Our Healthcare team has extensive experience with structuring businesses to comply with California’s corporate practice of medicine laws, including the formation and structure of friendly physician business models.

Working with our team to identify the best choice of entity minimizes expense, reduces exposure, and provides a solid legal foundation for your business to position it for future transitions.

Our attorneys have advised providers on the formation and operation of professional corporations, varying from small professional corporations to those with hundreds of shareholders operating in multiple states. The Healthcare Group has assisted client restructurings in a wide variety of contexts: changes to capital structures, buy-outs, tender offers, governance provisions, and interspecies mergers.

Tax-exempt healthcare organizations are subject to intense regulatory scrutiny, and our attorneys provide experienced and comprehensive tax planning, compliance, and advocacy services to nonprofit hospitals and other tax-exempt healthcare organizations. The Weintraub healthcare attorneys are well-versed in the special tax issues that arise in the context of joint operating arrangements, sales of assets and the resulting foundations, joint ventures, physician practice acquisitions, and other nonprofit and tax-exempt transitions.

Our Healthcare group has advised nonprofit corporations on corporate governance, relations with for-profit subsidiaries, unrelated business income taxation, legal aspects of valuation issues, interested director transactions, maintenance of tax-exempt status, joint venturing, and a full range of business transactions.

The Weintraub Healthcare group has extensive experience working with litigation counsel by providing specialized healthcare expertise in the area of fraud & abuse, antitrust, restrictive covenants, billing and reimbursement, and the corporate practice of medicine.

Jeanne Vance Presents on The 2024 Medicare Physician Fee Schedule for Medicare Mental Health Workforce Coalition

On August 17th, 2023, NBCC and the Medicare Mental Health Workforce Coalition will host an informative webinar titled Assessing the Essential Features of the 2024 Medicare Physician Fee Schedule Rule and Implications for Counselors and MFTs. Weintraub shareholder Jeanne L. Vance will serve as presenter. Other panelists will include Doug Jacobs, Chief…

  • When: Aug 17, 2023
  • Where: Webinar

Jeanne L. Vance Spoke At The American Health Lawyers’ Association’s Medicare Medicaid Payment Issues Conference Regarding Provider Enrollment, For The Ninth Consecutive Year

For the ninth consecutive year, Jeanne L. Vance presented at the American Health Lawyers’ Association’s Medicare Medicaid Payment Issues conference regarding provider enrollment. Ms. Vance was a panelist regarding “Hot Topics in Provider Enrollment” March 20-22, 2019 in Baltimore, Maryland.

  • When: Mar 20-22, 2019
  • Where: Baltimore, Maryland

Weintraub Tobin Welcomes Jon E. Ancona

Weintraub Tobin is pleased to welcome Jon E. Ancona as an associate in the Firm’s Corporate practice group. He focuses his practice on mergers and acquisitions, emerging companies and venture capital, and other corporate and securities law matters.

Weintraub Tobin Welcomes Tatum J. Kennedy

Weintraub Tobin is pleased to welcome Tatum J. Kennedy as an associate in the Firm’s Corporate practice group, with a focus on general corporate governance, entity formations, mergers and acquisitions, corporate finance, and other entity transactions.

Weintraub Tobin Welcomes Aysha Majeed

Weintraub is pleased to welcome Aysha Majeed as an associate in the Firm’s Healthcare and Corporate practice groups. Her practice focuses on serving healthcare-related clients as they navigate rules and requirements as well as agreements and other ventures.

Jeanne Vance in AHLA: Summary of Meaningful Revisions to Chapter 10 of the Medicare Program Integrity Rule Regarding Provider Enrollment Matters

In a March bulletin for the American Health Law Association Jeanne Vance writes the article entitled Summary of Meaningful Revisions to Chapter 10 of the Medicare Program Integrity Rule Regarding Provider Enrollment Matters. The bulletin is presented by the AHLA’s Regulation, Accreditation, and Payment Practice Group. It summarizes revisions made by…

WT Deals: Signature Healthcare Behavioral Health Hospital

Jeanne Vance assisted with licensing for Signature Healthcare Services as they expanded into the Sacramento region with the Sacramento Behavioral Health Hospital. The 117-bed facility is the first acute psychiatric hospital to be licensed in California in 30 years. The hospital began accepting patients in December, but it is still…

Weintraub Tobin Adds Healthcare Practice with Salem & Green Merger

Weintraub Tobin has expanded to include a Healthcare practice as a result of its merger with Salem & Green, effective January 1, 2022. Healthcare and business attorneys Julie E. Green, Christopher F. Anderson, and Jeanne L. Vance have joined the Corporate Group. These attorneys are practicing at the forefront of…

Proposed Medicare and Medicaid Enrollment Rule for Skilled Nursing Facilities Implements Law Expanding Regulation of Private Equity Investments in Healthcare, Foreshadowing a Likely Trend

On February 13, 2023, the Centers for Medicare & Medicaid Services (“CMS”) proposed a long-delayed regulation that would implement a provider enrollment provision of the Affordable Care Act that expands the information required to be disclosed by skilled nursing facilities (“SNFs”). The law requires that SNFs report detailed information to CMS…

California Healthcare Transactions to Undergo Additional Advance Regulatory Scrutiny as New Office of Health Care Affordability Scrutinizes Cost and Market Impact of Transaction

Certain healthcare transactions closing on or after April 1, 2024 are subject to an advance notice regulatory review and analysis by a newly created Office of Health Care Affordability (“OHCA”) within the California Department of Health Care Access and Information.  The OHCA will prospectively analyze the transactions by conducting a…

Healthcare Transactions With Licensed Healthcare Professionals Trigger Corporate Practice Issues In California

This second transactions series installment involves consideration of professional licensing issues that arise in certain healthcare transactions with licensed professionals (including physicians), or so-called “corporate practice” issues. This series responds to the active transactional market for 2021 and the forecast for robust activity due to the interest of venture capital…

Revenue Cycle Impact On Healthcare M&A Transactions: Medicare Provider Agreement Assumption Choices Can Drive Transaction Structure

The past year in healthcare transactions has been one of the more interesting of my career, with the complete shutdown of certain industry segments for a period due to the COVID-19 public health emergency, modified business climate and reopenings, government stimulus payments through the CARES Act, Payroll Protection Program and…