Healthcare Law

We strategize and represent players spanning the entire healthcare stakeholder spectrum: providers, individual professionals, and healthcare businesses, as well as the private equity and venture capital firms that invest in them. They rely on us to facilitate deals that help create new ways of delivering—and paying for—health care. We help identify new market opportunities, drive strategic growth, and secure competitive advantages for clients across the industry.

Brach Eichler is recognized for our knowledge of transactional law, particularly in the areas of mergers, acquisitions, joint ventures, affiliations, and other similar transactions. As healthcare transaction attorneys, our team possesses the experience to guide clients to overcome regulatory hurdles in the healthcare industry. We navigate complex issues including False Claims Act, HIPAA, Stark Laws, and anti-kickback compliance. We also serve as general and special counsel to private equity firms and other investors, guiding them through their initial acquisition of portfolio companies, add-ons, and exit transactions, along with experience in sell side private equity transactions. With a proven track record and real-time deal experience, we navigate the dynamic regulatory landscape and business environment in order to be prepare our clients for all transactions.

Our deep bench of healthcare law attorneys represent individuals and entities from every corner of the healthcare industry, encompassing both for-profit and non-profit entities, as well as “brick and mortar” businesses and virtual startups alike. Our clients range from individual practitioners to large physician and provider groups, hospitals and hospital systems to Medical Staff organizations, professional societies to healthcare trade associations, long-term care facilities to home health and hospice agencies, and substance use disorder treatment facilities to national fertility platforms. Our attorneys also have significant experience with matters and regulations affecting ambulatory surgery centers (ASCs), outpatient facilities, and their owners and investors.

Brach Eichler’s experienced healthcare team has advised on hundreds of private equity deals covering the gamut of physician practice groups, hospitals, inpatient/outpatient services, practice management, laboratory services, information technology, managed care, devices and supplies, business processing outsourcing, revenue cycle management and more. Private equity funds and sellers rely on us as a comprehensive legal solution.

Private equity transactions require well-orchestrated multi-specialty legal services that only a one-stop leading firm like ours can provide. Our clients have the confidence to execute because they know they have the full weight of the leading healthcare law firm behind them. Further, our solid relationships with numerous lenders active in the private equity marketplace allow us to think creatively in evaluating financing approaches. We are particularly skilled at tailoring multilayered financing packages to meet the unique characteristics of each deal, thanks to our vast experience with structuring acquisitions, recapitalization, refinancing and disposition of portfolio companies, as well as transactions for add-ons and restructurings. We also serve as general counsel for portfolio companies, advising on major transactions and day-to-day legal matters, as well as providing efficiency and continuity for platform acquisitions, bolt-on transactions, operational and compliance issues, and sales. Our team is frequently called on to:

• Structure, negotiate and implement leveraged buy-outs, divestitures, and growth equity financings
• Structure portfolio operating and holding entities to limit liability and accommodate financing and growth
• Introduce our clients to strategic financing partners
• Structure equity participation incentives for portfolio company management
• Minimize tax burdens on cash flow
• Structure and lead joint ventures
• Counsel clients on the complicated regulatory landscape of the healthcare industry

We are actively involved in all developments affecting healthcare industry participants and have strong relationships with public officials on both the state and national level. As such, we effectively advocate on behalf of individual practitioners, physician groups, and healthcare facilities.

As we help our clients adapt and respond to new economic and regulatory challenges, we tap and smoothly integrate other members of the Brach Eichler team in the areas of corporate tax, labor and employment, financial services, litigation, real estate, and estate planning, among others.Our national practice deepens our understanding of not only federal, but state regulatory health care laws throughout the country. Our experience in, and knowledge of, the regulatory landscape across the health care community positions our attorneys to analyze complicated regulatory issues, anticipate trends and new initiatives, and develop creative, strategic and felicitous business solutions.

The success of our health care practice has been recognized by numerous leading independent observers. We received multiple top honors the last few years including “Healthcare Litigation Department of the Year” from The American Lawyer in 2021, 2022 and 2023; for over 10 years, Brach Eichler is thrilled to be recognized as a Tier 1 provider in New Jersey for “Law Firm of the Year, Health Care” by U.S. News–Best Lawyers “Best Law Firms.” Additionally, Chambers USA has recognized our Healthcare Law practice as Band 1 Elite, ranking multiple firm attorneys as leaders and consistently ranks our health care practice highly.