EFFECTIVE RESULTS

Group Purchasing Organizations and Buying Cooperatives

Representative examples of our transactional work include:

  • advising a purchasing groups in strategic “tuck-in” acquisitions and dispositions
  • advising a national health care system foundation in connection with its supply chain operations and services
  • advising a national hospital buying cooperative in its negotiation of purchasing agreements with other national hospital GPOs
  • counseling a private equity firm in its acquisition of a GPO
  • counseling the largest community-based specialty pharmacy network on corporate matters, including acquisition and other transactional matters, regulatory advice, and antitrust and intellectual property matters
  • negotiating and drafting agreements with vendors, payors, PBMs, PDPs, wholesalers and suppliers and other GPOs and co-ops
  • preparing and negotiating “access” and purchasing group agreements with the nation’s largest health care systems purchasing groups
  • drafting and negotiation IT transactions and solutions management agreements, including data mining and data licensing and transfer agreements with the nation’s largest information technology firms, data suppliers and switches.

Representative regulatory engagements include:

  • counseling the largest long-term care pharmacy GPO in the country on fraud and abuse issues, safe harbor regulations, and regulatory issues impacting its relationships with participants in the medical supply chain, including manufacturers, suppliers and member-customers
  • advising a nation hospital GPO in structuring a purchasing agreement with another national GPO in compliance with the federal Anti-Kickback Statute and safe harbors and antitrust laws
  • advising a Medicare Part D pharmacy network manager on rebate, discount and PDP issues under Medicare Prescription Drug, Improvement, and Modernization Act of 2003
  • representing GPOs and co-ops with respect to supply agreements, including agreements for products ranging from commodities and dietary food products to physician and clinical preference items and pharmaceuticals and medical devices
  • counseling a national retail and long-term care pharmacy co-op regarding state and federal health care regulatory issues impacting its business and negotiate and draft agreements with vendors, payors, PBMs, wholesalers and suppliers
  • counseling a national health system foundation on structuring its supply chain operations and negotiating its purchasing contracts with suppliers and member-customers
  • advising a national GPO in connection with the regulatory implications of data licensing and transfer deals
  • structuring rebate, allowance and administrative fee arrangements with manufacturers and customers on behalf of GPOs and purchasing cooperatives
  • advising purchasing groups in connection with interpretation and implementation of HIPAA HITECH privacy, security and transaction and code set regulations, including development of privacy policies, notices, authorizations, and business associate arrangements
  • counseling purchasing groups on the provision of “value-add” services to members and the regulatory implications of such arrangements.