Health Care

Business Transactions

Lashly & Baer, P.C. has been involved in every phase of the business of health care providers. We provide counsel to medical residents who are signing their first employment contracts. We have structured small and large medical practices. We regularly draft and negotiate employment contracts, independent contractor agreements and buy-sell agreements for medical practices. During the past 15 years, we have been the lead lawyers in the sale or acquisition of hospitals, skilled nursing facilities, surgery centers, imaging centers, DME companies and medical chiropractic and dental practices.

We regularly structure joint ventures between providers, including physician-hospital joint ventures for ambulatory surgery centers, diagnostic imaging center joint ventures and investor-owned outpatient centers. In all of these transactions, we listen to our clients’ business needs and navigate the regulatory maze of the Anti-Kickback provisions, the Stark Law, Medicare compliance, tax exemption compliance and state licensing and regulatory issues. We have represented major hospital systems on day-to-day legal matters up to the sale of an academic medical center. We currently represent a large health care group purchasing organization and act as lead outside counsel in the negotiation of purchases of major medical equipment, medical surgical products, and pharmaceutical and laboratory products.

Lashly & Baer, P.C. has been on the forefront of the emergence of ancillary providers such as nurse practitioners and physician assistants, including the representation of the state nursing association and the drafting of the state collaborative practice agreements. We also represent ancillary providers such as durable medical equipment (DME) suppliers, physical and occupational therapists, dietitians, psychologists and counselors.

Some of our health care provider clients choose to build or purchase their own facilities. Lashly & Baer has counseled these clients on financing, zoning, purchase and related regulatory issues. We regularly negotiate the lease of space in medical buildings on behalf of both landlords and tenants.

Health care and technology are synonymous these days. We have negotiated hundreds of software license and related technology contracts, including EMR and billing software. We also represent many clients that provide services to the health care industry, such as practice management and billing companies. In this representation, we have become immersed in reimbursement issues, which knowledge we pass on to our clients to help increase their bottom line.

In response to medical malpractice insurance crisis issues, we have structured alternatives to traditional professional liability insurance such as self-funded trusts and retention arrangements. In connection with our estate planning attorneys, we regularly counsel our clients on personal planning issues such as estate tax planning, asset protection and charitable giving.

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