The acquisition and sale of long term care facilities requires sophisticated knowledge of business and regulatory issues to accomplish the transaction while protecting the parties from unanticipated delays and potential liabilities.
Health care acquisitions involve both traditional business issues and the vast array of licensure, Certificate of Need, reimbursement, anti-kickback, billing and other related health care areas. Anticipation of potential issues by experienced counsel can save the client time and expense, and often head off problems in a transaction.
Baker Donelson attorneys have the experience to put together the pieces of this complex puzzle including asset and stock acquisitions, joint ventures and a myriad of other combinations.
Some of our recent transactions include:
- Acquisition and lease of nursing homes and assisted living facilities throughout the country
- Acquisition of leasehold interests in eight nursing homes simultaneously, with various landlords and lenders
- Acquisition of distressed nursing home with serious regulatory concerns
- Acquisition of home health agencies as part of a national growth plan
- Acquisition of nursing, assisted living and independent living campus
- Structuring acquisitions of Certificate of Need rights
- Acquisitions of nursing home assets as part of workout of tenant's default with sale-leaseback lender
- Acquisition of replacement facility and associated Certificate of Need in Florida
- Transition of a series of leasehold operations of nursing homes from a public nursing home chain
- Analysis and structuring of institutional pharmacy joint venture
- Analysis and structuring of rehab joint venture
- Sale of portfolio of nursing homes and assisted living facilities
- Sale of national institutional pharmacy business
- Transition of operations of nursing home to new operator after sale of underlying real estate
- Sale of multiple non-operational health care facilities for repositioning in marketplace
- Disposition of key interest in regional home health care company
- Sale of independent, assisted living and skilled nursing facilities
Baker Donelson also has the experience necessary to meet the challenges involved in the development and construction of health care facilities. Developers of health care facilities can benefit from counsel experienced in the overlapping (and often conflicting) maze of real estate, land use, finance, Certificate of Need and other regulatory issues. The development process also requires attorneys with experience in leasing and business organizations. While the scope of our representation on a given project will vary, our services may include:
- Assisting with feasibility, site selection and strategic planning
- Certificate of Need application and regulatory assistance
- Site due diligence, including zoning and land use, title, survey, environmental site assessment review, Certificate of Need applications and transfers
- Negotiating site acquisition contract and closing documentation
- Construction financing
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