Health Care Transactions and Corporate Governance

At Hunton Andrews Kurth, we draw on our lawyers’ deep industry experience and knowledge of the health care regulatory landscape to provide full-spectrum counsel on corporate transactions and governance issues. With a keen understanding of the evolving challenges facing hospitals, health systems, physician practices, outpatient facilities and ancillary service providers—as well as the unique strategic objectives of each client—we negotiate and close deals of all sizes and types.

We have handled dozens of mergers, acquisitions, dispositions and joint ventures, including a significant number of nonprofit/for-profit joint ventures. Our team has developed a particular focus on large, nonprofit systems seeking operational, financial and patient-care efficiencies by integrating physician practices, surgery centers, diagnostic facilities, post-acute care and other ancillary providers. We also have a refined understanding of health care valuation issues uniquely affecting our clients.

Our practice reflects longstanding client relationships. For many, we have served for decades as primary transactional counsel. We know their businesses and draw on the firm’s broad resources and practice groups to provide multidisciplinary, results-oriented and actionable advice at every step, from initial letters of intent and due diligence, through transaction financing, negotiation of strategic partnerships and resolution of potential tax implications and regulatory hurdles. We take a holistic view of the challenges facing our clients, considering the full range of legal, business and compliance issues, and develop practical strategies to remove barriers and help our clients achieve their goals. If potential legal risks exceed acceptable thresholds or are unwarranted, we take seriously our responsibility to develop and recommend alternative courses of action.

We represent clients in:

• Hospital acquisitions, mergers and joint ventures
• Securities offerings and private equity investments
• Physician practice acquisitions, dispositions and consolidations
• Cancer center, surgery center, imaging and other outpatient center acquisitions and joint ventures
• Physician employment, compensation plans and services agreements
• Outsourcing arrangements for IT and nonclinical services such as housekeeping and food services

We advise clients on governance, antitrust, corporate practice of medicine doctrine and other issues confronted when implementing a wide array of clinical integration models, including faculty practice plans, system-affiliated group practices, Medicare and commercial accountable care organizations (ACOs), clinical co-management agreements and clinical affiliation agreements. Our clients also seek ongoing advice as their transactional arrangements and business objectives evolve. Our “deal knowledge” coupled with our extensive experience advising on operational issues provides a significant level of added value—beyond that typically seen with episodic transactional representations by outside counsel.