Hospitals & Health Systems
- Represented a health care system in a DOJ investigation and litigation involving allegations of violations of the Anti-Kickback Statute and Stark Laws with respect to physician compensation.
- Advised University Physicians, Inc., a physician group organized by six Rhode Island-based, tax-exempt faculty practice plans at the Warren Alpert School of Medicine of Brown University (SOM) and Rhode Island Hospital, with respect to an affiliation agreement with a new unifying entity, Brown Physicians, Inc. (BPI).
- Represented a large hospital system in contracting for the development and implementation of an outsourced compounding facility that will service all of the system’s hospitals.
- Represent a large health system in establishing a national telehealth program in compliance with state corporate practice of medicine and professional entity laws.
- Represented a large hospital system in connection with its telehealth initiatives and related corporate structuring issues. Our work included setting up a physician organization and qualifying that organization to provide services in multiple states.
- Represented one of the nation’s leading hospital and physicians networks in connection with its acquisitions of three community hospitals and a large physician group.
- Advised an academic medical center on the separation of its former CEO and drafted and negotiated his employment separation agreement, and also advised the client through the chair of its compensation committee on the terms of the employment agreement between the client and its new CEO.
- Facilitating the strategic planning process of a major community hospital as it explored affiliation options with multiple parties, guiding it through all stages of its selection process, and representing it in the negotiations leading to its merger into a large academic medical center system.
- Served as counsel to the IRB of a large, academic medical center with a research program averaging 200 active protocols annually and ranging from late-stage drug studies to xenotransplantation.
- Served as antitrust counsel for a hospital in its merger with another medical center.
- Facilitated the formation of a non-profit clinical research organization by a major medical school and two of its academic medical center affiliates.
- Advised one of the world's leading hospitals on a full range of hospital physician peer review matters including National Practitioner Data Bank reports, state protections under peer review laws, and internal physician disciplinary matters.
- Conducted an internal Stark Law review of hospitals' physician arrangements and prepared Self-Disclosures under the Stark Self-Disclosure protocol.
- Facilitating the affiliation of a robust community hospital and a major academic center through formation of a new common system parent.
- Representing the indenture trustee and bondholders in a work out of defaults under bonds issued for Rideout Memorial Hospital, a California-based health system.
- Represented a leading academic health system with respect to the creation and operation of a contract manufacturing organization (CMO).
- Represented a large academic health system and affiliated medical school in connection with an investment in, and beta test agreement with a data analytics company.
- Represented a large academic health system with respect to its participation in a data aggregation and commercialization joint venture, and its innovation programs.
Case Study
A cross-practice Mintz team, led by several Public Finance Members, assisted Mass General Brigham in a $460 million publicly offered tax-exempt bond financing. The transaction marked the not-for-profit, integrated health care system’s return to the public debt market after nearly four years.
Case Study
Mintz advised acute health care services and specialty hospital company Kindred Healthcare and private equity firm TPG Capital in the sale of Kindred Healthcare to LifePoint Health, a national hospital and health care services provider. The combined company, ScionHealth, operates 79 hospital campuses in 25 states.
Case Study
Mintz represented Massachusetts General Hospital and Partners HealthCare in a deal that enables them to monetize part of their royalty interests in Entyvio, an antibody used to treat digestive diseases, to invest in research. Royalty Pharma paid $94 million in the true sale roll-up transaction.
Case Study
Mintz successfully counseled a premier national health care provider in the discovery phase of an investigation by the Department of Justice.
Case Study
Mintz helped a health network and its two hospitals achieve a civil resolution and $4 million settlement of a federal and state criminal and civil investigation regarding the False Claims Act, Anti-Kickback Statute, and Stark Law.
Case Study
Mintz was lead counsel to Beth Israel Deaconess Medical Center in the sale of BIDMC’s hospital-built electronic health records platform to Athenahealth. Mintz also helped negotiate an agreement for BIDMC’s physician network to use the multiuse Athena’s platform.
Case Study
Mintz represents a major Boston-based health care system that includes academic medical centers, community hospitals, physician practices, and a managed care plan. Mintz attorneys helped the system establish a specialty pharmacy and developed new provider contract templates for the health plan.
Case Study
A Mintz attorney assisted a Fortune 500 company with a multistate investigation of a data breach involving credit, debit card, and check information. The client avoided government enforcement action and obtained complete dismissal of a class action. Mintz counseled the company on risk management and response.
Case Study
Mintz defended a major Massachusetts hospital against federal and state regulatory enforcement actions and class actions following a breach that affected 800,000 people. Mintz also litigated against companies responsible for the loss of data and managed risk assessments under HIPAA and HITECH.