We assist our acute care clients with mergers and acquisitions, joint ventures and partnering arrangements, restructurings and reorganizations, dispositions and carve-outs, and venture capital and other transactions. We also advise clients on a wide range of agreements with vendors, suppliers, purchasing groups, payors (including Medicare and Medicaid), PBMs, PDPs, wholesalers and residents. We are experienced in advising acute clients on the regulatory compliance issues attendant to transactions, including fraud and abuse issues, safe harbor regulations, and regulatory issues impacting relationships with other participants in the continuum care chain.
Frequently, transactions involve such disparate legal areas as health care, tax, antitrust, environmental, real estate, labor and employee benefits. Our transactional lawyers regularly team with lawyers in these and other practice areas to resolve client problems. We have significant experience counseling nonprofit hospitals and other providers on a wide range of issues, including compliance with requirements of the Internal Revenue Service and the Community Health Care Assets Protection Act, as well as other state attorney general requirements and orphan’s court procedures. For example, our transactional lawyers work closely with the firm’s tax group to employ structures designed to maximize the tax benefits available to our clients and evaluate the impact of UBTI and taxation of for-profit ventures in the post-acute care and senior care context.
We represent acute care clients in dealing with regulatory issues affecting commercial health care transactions, as well as those impacting their operations. These issues generally fall under federal fraud and abuse laws, (including the federal Anti-Kickback Statute and safe harbors), Stark, civil monetary penalties law, the False Claims Act, health care fraud statutes, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and Medicare Parts A, B and D and state regulatory requirements concerning operations, facility management, local code requirements and patient issues.
Government Investigations and Litigation
Health care providers increasingly are targeted by the DOJ, HHS OIG, individual U.S. Attorney’s Offices, and state attorneys general, all seeking to enforce a wide range of fraud and abuse laws, such as the False Claims Act, the Anti-Kickback Act, Medicare and Medicaid regulations, health care fraud and other criminal statutes.
We represent acute care hospitals, academic medical centers, specialty hospitals, doctors and other provider clients facing investigation or prosecution by federal and state authorities seeking to enforce these laws. Pepper also handles a wide range of civil litigation matters for health care clients, including antitrust, class action, medical malpractice, securities/shareholder, and ERISA/employment matters.