Health Care Transactions and Finance

Antitrust laws have been applied to staff privileges policies, rival provider relations, third-party payors, exclusive hospital-based practice contracts, purchasing arrangements, joint ventures, mergers and acquisitions, managed care contracting and network formation. We provide our clients with careful analysis and evaluation of antitrust requirements existing and proposed activities in these areas present to identify and address potential liability under antitrust laws.

We work with physician groups, hospitals, nursing homes and their investors and lenders to accomplish consolidations, mergers, acquisitions and divestitures, corporate restructurings, affiliations and financings.

Phillips Lytle’s Banking and Financial Services, Real Estate, and Public Finance Teams represent lenders, nursing homes, hospitals and continuing care communities in the structuring, negotiation and closing of numerous forms of financing, including tax-exempt leasing and tax-exempt bonds. We also represent clients with conventional working capital, term loan and mortgage loan facilities and equipment-leasing transactions.

In addition to representing physicians and other professionals in proceedings before the Office of Professional Misconduct, we also assist professionals from other states and other countries with complying with New York State licensing requirements.

We assist hospitals with operational issues concerning privileging standards and procedures. We also represent hospitals in administrative hearings and court proceedings concerning disputed privileging determinations.

Corporate restructuring and reorganization can provide the flexibility to adapt in the rapidly changing environment of the health care industry. We assist our clients in selecting and establishing new organizational structures and provide ongoing advice regarding that structure.

We advise providers on various tax-related issues health care providers, including tax-exempt organizations, regularly confront. Typical tax issues tax-exempt organizations may encounter include private inurement, executive compensation, unrelated business income, and fundraising guidelines and documentation.