Transactions and Compliance
Joelson Rosenberg’s healthcare transaction attorneys provide counsel on the tax implications and regulatory considerations inherent in business transactions and collaborative relationships. We represent providers in a wide range of business transactions, tax-exempt hospital affiliations and collaborative relationships, providing counsel on corporate structure, mergers, acquisitions, joint ventures, contracting, leasing and strategic planning.
As most hospitals and health care systems are charitable tax-exempt entities we provide guidance on the qualification for tax exemption and public charity status. We address matters pertaining to private inurement and private benefit, compliance with federal and state nonprofit laws, private foundation rules, intermediate sanctions on excess benefit transactions, unrelated business taxable income, and tax-exempt bond qualification.
We advise clients on regulatory compliance with federal and state requirements relative to provider transactions, arrangements, and operations, including Stark, Anti-Kickback, and CMP compliance.
Our representation extends beyond the executive suite, as we provide legal research and policy analysis for health care providers and organizations, as well as leadership and associate education and training on issues of health law, health care regulation, integrated health delivery systems, and corporate compliance. We work with clients to create, monitor, and update corporate compliance programs specific to their particular organizational needs.
In addition to the traditional range of issues attendant to employment relationships involving healthcare professionals, such as employment agreements, restrictive covenants, severance packages, disciplinary issues, wrongful termination, accommodation issues, discrimination, harassment, retaliation, and administrative issues, we represent health care professionals in licensing, credentialing, privileges, fair hearing, peer review, hospital/physician relations, medical staff, and related litigation matters.
Our strong litigation foundation sets us apart from other healthcare firms that focus primarily on transactional matters, lacking the competence or experience to carry that representation into the courtroom when disputes arise. Joelson Rosenberg offers wrap-around services that begin with entity creation and range all the way to litigation, should the need arise.
We are very experienced in representing healthcare entities and healthcare professionals in litigation matters, including licensing and privilege disputes, restrictive covenant litigation, business disputes, and practice and shareholder matters.