As more and more medical practices consolidate, antitrust concerns rise to the surface. Hospital system expansions, private equity investment, and other mergers can trigger regulatory compliance concerns under both federal and state law. Physicians in New York considering a private equity or other sale must understand how antitrust concerns can affect the deal, unwind your…
After a practice is purchased by private equity, everything can feel different. You may be dealing with new productivity demands or other hurdles you never before faced. It could even impact the way you are compensated. In New York, Corporate Practice of Medicine (CPOM) rules are designed to protect patients and physicians from many of…
Before you sell your medical practice, or get involved in a private equity transaction, you need to understand what questions to ask about patient data. Many physicians focus on the compensation, valuation of the practice, and other terms more than thinking about patient data. However, New York’s Corporate Practice of Medicine (CPOM) laws and other…
Healthcare consolidation continues to increase, in New York and elsewhere. Physicians continue to join larger equity groups. Those that enter these groups may face standardized employment contracts, compensation models linked to productivity or performance, and centralized decision-making. It may attempt to reduce your influence over staffing and clinical resources. However, New York’s strict CPOM laws…
New York strictly enforces fee-splitting restrictions and corporate practice of medicine (CPOM) laws. Healthcare investment deals cannot permit fee-splitting for medical fees, referrals, and patient-volume based compensation, among other restrictions. Structuring your deals correctly avoids common problems, fines, and penalties associated with non-compliance, and protects your investments. The attorneys at Daniels, Porco & Lusardi, LLP…
New York and many other states continue to strengthen their corporate practice of medicine (CPOM) laws. This creates unique challenges for private equity companies working with physician practices. While many states permit private equity firms to have an owning or controlling interest in medical practices, New York’s laws are more complicated. Investors must carefully design…
Private equity continues to be more a part of the healthcare landscape. The data held by PE-backed medical practices is highly valuable due to its scope, sensitivity, and regulatory implications. Privacy issues and ownership disputes can complicate transactions if handled improperly. PE-backed entities often face difficult questions about who controls and owns the data, but…
Even after you finally close a health care acquisition, you need to understand the potential for post-closing liability. Once everything seems “done,” you need to consider ongoing regulatory and financial obligations. Buyers and sellers continue to remain obligated after the close of the transaction, and many deals may create ongoing relationships. Knowing how post-closing liability…
Franchising is increasingly popular, even in healthcare. National brands or investors offer new resources, recognizable names, and much more. In New York, however, there are strict corporate practice of medicine (CPOM) rules and other regulations that make things a little less simple. While franchising can still be an incredible opportunity, there is a compliance minefield…
New York’s Hudson Valley, like the rest of the state and country, has seen the effects of private equity in healthcare. PE continues to reshape how things work, how they are managed, and laws that work to regulate these transactional relationships. Investors are getting involved in medical practices and healthcare technology firms, changing longstanding traditions…