Healthcare

Our healthcare practice is a natural extension of our general business practice. We handle transactions and litigation for healthcare companies, physician practice groups and individual doctors. We excel at helping healthcare clients reduce their risk profiles, grow their businesses, and resolve their disputes that inevitably arise from time to time.

At Gordon Arata Montgomery Barnett, we represent individual physicians, large and small physician practice groups, hospitals, multi-unit hospital operators, medical facility developers, healthcare management consultants, and lenders to the healthcare industry. Our practice includes:

• Structuring practice groups
• Representing healthcare professionals in sensitive regulatory, investigative, licensure, and disciplinary matters before licensing boards
• Physician restrictive covenants
• STARK, Anti-Kickback Statute, and EKRA consulting – in corporate and LLC formation and structuring, mergers, and other transactions
• Contract review, preparation, negotiation, and enforcement
• Vendor disputes
• Office and facility leasing
• Medical facility development
• Credit and loan agreements for physicians and practice groups
• Collections/prompt pay claims
• Tax advice regarding state and local tax obligations and the federal income tax consequences of various transactions unique to the industry and non-profit entities

We assist our healthcare industry clients with entity formation, management contracts, physician services agreements, software/hardware/equipment contract review and revision, office and equipment leases, corporate and entity contracts and structuring in light of federal and state regulations, including restrictions on executive and sales team compensation under the AKS and EKRA, and other business and regulatory issues.

We often represent clients regarding real estate matters, including leases of offices and clinical space, facility acquisitions and sales, construction projects, and credit agreements.

We consider litigation to be a less-than-preferred first option and are adept at helping clients avoid and resolve disputes. Members of the firm are admitted to the American Arbitration Association National Roster of Arbitrators and Mediators and stand ready to assist clients with arbitration or mediation. When litigation is the best option, we are zealous advocates and have represented practice groups and individual physicians in contract claims, collections, restrictive covenant enforcement and disciplinary matters. We also have represented larger healthcare organizations in more complex litigation, including in RICO litigation against a national hospital chain and acting as local counsel to one of the largest manufacturers of prescription opioid medications in dozens of lawsuits filed against it by hundreds of plaintiffs in state and federal court.