Jennings Strouss assists clients in the healthcare industry with a variety of transactional matters, including corporate organization and governance matters, mergers and acquisitions, joint ventures and partnerships, contract preparation, real property matters, intellectual property protection, licensing, contract preparation, tax-exempt bond financing, and commercial loan transactions. We render advice and prepared documents for mergers and acquisitions by and between hospitals, managed care entities, hospices, and other healthcare providers.
Our attorneys assist clients in the healthcare industry with a multitude of real estate transactions, such as the financing and acquisition of property, preparation of architectural and construction contracts, and leasing of office space.
Joint Ventures and Affiliations
The Affordable Care Act prompted many hospitals and healthcare systems to enter into some type of affiliation, such as a joint venture, acquisition, or clinical affiliation. Jennings Strouss works closely with our to determine the best solution for their business, whether it be a joint venture or joint venture alternatives. Our attorneys structure and negotiate agreements between hospitals and healthcare systems and physicians and other providers that comply with the IRS regulations applicable to nonprofit organizations. They also assist in the organization of equity joint ventures, medical practice acquisitions, and other forms of consolidations based on the financial situation and goals of the client.
Jennings Strouss has substantial experience in matters involving hospital and managed care organization medical personnel. Our attorneys have prepared, reviewed and revised medical staff bylaws, peer review issues, credentialing, and physician disciplinary actions for a number of hospitals. On behalf of our clients, our attorneys provide advice and representation in every aspect of the credentialing and fair hearing processes, including judicial review.
Tax Exempt Organizations and Exempt Financing
Our attorneys work with clients on issues affecting tax-exempt organizations, including obtaining and maintaining tax-exempt status; using taxable or tax-exempt subsidiaries, joint ventures, HMOs and alternate delivery systems; avoiding private inurement; and minimizing the tax on unrelated trade or business income. They also assist clients in structuring their fundraising programs with a particular emphasis on planned giving. Jennings Strouss regularly serves borrower’s disclosure or underwriters’ counsel in connection with 501(c)(3) financings.
Technology and Licensing
Jennings Strouss works with our healthcare industry clients to avoid the technology and privacy issues associated with electronic medical records and clinical information systems. They also advise clients on other technology-related challenges, such as open source software and web-based personal medical records systems. Our attorneys apply their knowledge of HIPAA privacy and security, as well as other healthcare regulatory matters, to evaluate our clients’ current practices and procedures regarding the management of personal data.
Jennings Strouss also assist with the licensing of adjudication software applications and provides strategic advice regarding software functionality in connection with electronic transmission standards.