Health Care

Mergers, Acquisitions, Affiliations and Joint Ventures

Our attorneys are positioned to provide expert counsel in every aspect of health care transactions. We have extensive experience in negotiating, documenting and implementing merger, asset acquisition, membership interest/stock acquisition, joint venture, religious sponsorship and affiliation transactions for nonprofit and for-profit clients. We have counseled clients through every stage of the transaction process, from the initial analysis of the legal alternatives available for the transaction’s structure and the development of a strategic transaction plan to the negotiation and documentation of the transaction. We assist our clients in seeking and obtaining necessary internal and external approvals (such as Canonical approvals), federal and state regulatory approvals, state attorney general approvals, health facility licenses, permits, registrations and Medicare and Medicaid certifications. Representative transactions include:

• Sales of nonprofit acute care facilities to for-profit buyers
• Merger of a national Catholic health system with another national Catholic health system
• Unwinding of a consolidated health system
• Acquisition of a Medicaid HMO
• Joint venture between a for-profit corporation and nonprofit Catholic health system to form a specialty hospital
• Development of multiple ambulatory surgery centers, including centers jointly owned by hospitals, physicians and surgery center development companies
• Endoscopy joint venture between multiple physician groups and local hospital systems
• The conversion of an Illinois community hospital to an Illinois nonprofit hospital

In connection with transactions involving the offering of investment interests to physicians and others, we work together with our Corporate and Securities Practice Area to prepare the necessary offering documents.

The attorneys in our Public Finance and Public Law practice area regularly act as bond counsel, disclosure counsel, issuer's counsel, borrower's counsel and credit enhancer's counsel in transactions for public and private hospitals, senior living facilities and other health care providers to finance hospital construction, renovation and other health facility improvements.