Healthcare

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.