Healthcare is extremely complicated, constantly changing and highly regulated. Benesch Healthcare+ is much broader than just the regulatory representation of healthcare entities. The group has decades of experience representing healthcare industry stakeholders across the gamut of matters ranging from transactions to administrative and judicial advocacy to navigating regulatory and compliance complexities that impact their businesses.
Clients who enlist Benesch Healthcare+ can almost always be assured that our attorneys already have experience within their sector of the healthcare industry. Our attorneys have provided counsel to a wide spectrum of for-profit and tax-exempt non-profit healthcare clients throughout the country, including physicians and physician organizations, hospitals and health systems, long-term care and senior living facilities, behavioral health providers, ambulatory surgical centers, dialysis facilities, medical spas, diagnostic imaging enterprises, management and outsourced services organizations, healthcare technology companies, durable medical equipment manufacturers and suppliers, medical device manufacturers and suppliers, pharmaceutical retailers, wholesalers, distributors and manufacturers, accountable care organizations, managed care organizations, home health and hospice agencies and various other healthcare providers, facilities and organizations.
What sets Benesch Healthcare+ apart from many other health law firms is the ability to provide a holistic perspective on the challenges and intricacies of the healthcare industry based on a depth of understanding in areas ranging from antitrust, Medicare and Medicaid reimbursement to private insurance, federal and state fraud and abuse laws, licensure, and survey and certification. Our clients appreciate our ability to evaluate business opportunities and transactions from a healthcare perspective and with a knowledge of how healthcare enterprises operate on a day-to-day basis. In the end, it is the familiarity with healthcare laws and the business of providing or supporting healthcare that cements Benesch Healthcare+ as a powerhouse legal resource in the healthcare industry.
Benesch Healthcare+ has been recognized for more than a decade by Chambers®. Additionally, Benesch has received the distinction of being ranked nationally in the Top Tier for Healthcare Law since 2021 by Best Lawyers® “Best Law Firms.” Chambers® reported that Benesch Healthcare+ is a “highly experienced practice covering a range of healthcare issues. Maintains a fine track record for its transactional work and is also much in demand for its counsel on state and federal investigations and audits.”
Experience makes up only half of what we offer to our clients. Benesch Healthcare+ takes advantage of our industry experience and exposure to provide fully customized service. Our attorneys immerse themselves in their clients' business and take the time to understand their needs. Then, using our wealth of industry knowledge and legal skills, our attorneys develop customized solutions for each client. With that goal in mind, we engage our forces using a time-tested multi-disciplinary team approach for all of your legal services.
Customized Service; Unrivaled Experience
No matter what mix of legal expertise you need, our team will have the know-how to respond quickly and intelligently. Benesch Healthcare+ routinely tackles a broad and varied range of client challenges including, but not limited to:
We know our clients benefit from our customized service. But Benesch Healthcare+ takes pride in also offering more comprehensive services. By drawing on our vast contacts within the healthcare industry, we have keen insight into the emerging trends and proposed regulations that impact the industry. We can anticipate how potential industry changes might affect your prospects and legal risks and will offer counsel to help improve and protect your business and take advantage of new opportunities.
Our industry connections also allows Benesch Healthcare+ to be advocates for our client’s business. Knowing how heavily regulated the healthcare industry is, we proactively build relationships with those who influence those regulations: industry leaders and their entities, legislative and regulatory bodies, and individual legislators and regulators. We can then amplify our clients’ voices on matters crucial to their success by furnishing industry leaders with insight on how proposed laws, rules and regulations might hurt or help the industry.
Deep Transactional Experience
Benesch Healthcare+ team has deep experience handling all aspects of transactions for healthcare clients, including deal structuring, transactional due diligence and drafting and negotiating definitive transaction agreements with a variety of investors, sellers, lenders and regulatory agencies. However, our participation with a client goes beyond transactional guidance. In addition, Benesch Healthcare+ assists our clients in navigating regulatory requirements and in strategic planning associated with transactions, thereby allowing our clients to identify and take advantage of market opportunities for growth.
The multitude of legal requirements applicable to healthcare organizations often requires that counsel be able to act quickly in dealing with agencies and governmental representatives in multiple states. This is where Benesch Healthcare+ excels. Utilizing knowledge of the applicable regulations and regulatory environment and with a deep network across regulatory agencies on a national basis, the Benesch Healthcare+ team has a long track record of meeting client expectations when it comes to negotiating obstacles to transactions in this heavily regulated industry. As a result, we have developed a reputation among our clients as the firm that gets the deal done and gets it done right.
Coordination of Healthcare Regulatory Experience
Benesch Healthcare+ is also adept at working seamlessly with corporate attorneys who may be leading a specific transaction. Whether it is coordination within our firm or with other outside counsel selected to address the corporate, tax and capital finance portions of a transaction, we understand our role and work closely with the entire deal team to anticipate and highlight potential healthcare regulatory issues and associated risks. We identify challenges in due diligence, evaluate and construct pragmatic responses and plans to keep deals on track, and execute on such plans to eliminate or mitigate risk to preserve expected operational and financial performance of the client or target companies. We pride ourselves in finding workable solutions in the highly complex and dynamic regulated healthcare environment. We are deal makers, not deal killers.
Represented AccentCare Inc. as healthcare regulatory counsel as it entered into definitive agreement to be purchased by Advent International from Oak Hill Partners.
Represented AccentCare, Inc., a nationwide leader in post-acute healthcare, in its acquisition of Steward Home Care and Hospice.
Represented a fertility practice and its associated ambulatory surgical center in their sale to a fertility clinic.
Represents pharmaceutical institutional sites and consultants in all areas of clinical research.
Represented State University faculty practice plan in this development of an ASC.
Represented a venture capital firm in its partnership with a four-state integrated network of physician clinics, outpatient centers, and hospitals to expand diagnostic imaging services.*
Represented Family Eye Physicians as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $6 million, two operating room ambulatory surgical treatment center.
Represented Rush University Medical Center as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $51 million, state-of-art cancer treatment center in Lisle, Illinois.
Represented Advanced Orthopedic and Spine Care as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $10 million, one operating room ambulatory surgical treatment center.
Represented Rush Copley Medical Center as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $21 million, Clinical Decision Unit.
Represented Humboldt Park Health as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $27 million, Wellness Center.
Represented Lindenhurst Surgery Center as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to modernize an ambulatory surgical treatment center.
Represented Resilience Healthcare as corporate and healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Exemption to acquire West Suburban Medical Center and Weiss Memorial Hospital to acute care facilities in the Chicagoland area for $95 million.
Represented joint venture partners Ascension Health, Midwest Orthopedics at Rush, and Illinois Bone and Joint as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $10 million, ambulatory surgical treatment center.
Represented Milwaukee Avenue Eye Center as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $4 million, two operating room ambulatory surgical treatment center.
Benesch represented Integra Health Properties (“Integra”) in connection with its joint venture and master lease with Welltower for a portfolio of 147 nursing facilities. As part of the transaction, Integra is subleasing the nursing facilities to approximately 15 regional operators. Benesch worked with Integra to facilitate a seamless transition to these new operators by negotiating and closing upon customary management and operations transfer agreements, subleases and other related documents. On December 22, 2022, the first tranche of the transaction closed.
Represented nephrologists, nephrology practices and dialysis providers in negotiations of medical director agreements.
Represented Rush University Medical Center and Select Medical Corporation as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a new $109 million, 100 bed LTAC/Rehabilitation hospital.
Advised the Medical University of Ohio during its merger with the University of Toledo, creating the third-largest public university operating budget in the state of Ohio.*
*Prior to joining Benesch
Represented Ohio Living in its participation in a joint venture with two other continuing care retirement communities for the development and generation of an institutional special needs plan which will be marketed as a Medicare Advantage Plan in the areas served by the joint venture partners.
Represented STET in the leasing and transition of operations of an 11-facility skilled nursing portfolio in Missouri from a national operator and REIT-owner.
Represented Continuing Health Care Solutions, Inc. (CHS) in receiving $43.3 million term loan and line of credit from Oxford Finance LLC.
Represented ConcertoHealth in the termination of its provider and delegated services agreement with Michigan Complete Health.
Represented The CommuniCare Family of Companies in the sale of Commons at Greenbriar, a 50-unit assisted living community located in Youngstown, Ohio suburb of Boardman, to EDM Management, Inc.
Represented Encompass Health as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $52 million, 60 bed rehabilitation hospital.
Represented Vascular Access Center as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct an Ambulatory Surgical Treatment Center.
Represented North Suburban Pain and Spine Center as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct an Ambulatory Surgical Treatment Center.
Represented Illinois Bone and Joint as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to perform surgeries in additional categories of service at their existing Ambulatory Surgical Treatment Center.
Represented Nephrology Associates of Northern Illinois and Indiana as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Exemption to acquire an Ambulatory Surgical Treatment Center.
Represented MercyHealth as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a Sub-Acute Unit at the Rockford Hospital.
Represented Illinois Back and Neck Institute as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct an Ambulatory Surgical Treatment Center.
Represented Illinois Spine Institute as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct an Ambulatory Surgical Treatment Center.
Represented Ignite Medical Resorts McHenry as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $17 million, 84-bed skilled nursing and rehabilitation facility.
Represented Soderstrom Dermatology Center, S.C. as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Exemption to sell their existing Ambulatory Surgical Treatment Center.
Represented Smith Senior Living as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $23 million, 78 bed skilled nursing and rehabilitation facility.
Represented US HealthVest LLC as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $30 million, 146 bed acute mental illness hospital.