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Susan W. Berson

  • Mintz served as health care regulatory counsel to TPG with respect to its investment in LifeStance Health, Inc., a leading provider of outpatient behavioral health services in the United States. TPG joined two existing private equity investors in the company, Summit Partners and Silversmith Capital Partners. Mintz conducted the health care regulatory due diligence. Our work included the review of the Company’s expanded telemedicine offerings in light of COVID-19, and advice on applicable health care regulatory requirements and issues. We also reviewed the purchase agreement and related documents and advised on issues related to the representations and warranties insurance policy obtained by TPG.
  • Served as health care regulatory counsel to Kindred Healthcare, a specialty hospital company focused on acute care, and private equity firm TPG Capital in the sale of Kindred Healthcare to national health services provider LifePoint Health, launching the combined company ScionHealth.
  • Conducted the due diligence and provided state and federal regulatory research and analysis in connection with TPG’s acquisition of Convey Health Solutions, a specialized health care technology company that provides health plan administration, supplemental benefits administration, and consulting services to health plans.
  • Served as regulatory counsel to a consortium of investors led by TPG Capital and Welsh, Carson, Anderson & Stowe in their $4.1 billion acquisition of Kindred Healthcare, Inc. (NYSE:KND). The transaction was recognized by The Deal as the 2018 Private Equity Deal of the Year.
  • Advised a consortium of investors led by TPG Capital and Welsh, Carson, Anderson & Stowe in their $1.4 billion acquisition of Curo Health Services.
  • Represented Sanford Health, a non-profit integrated health delivery system, in its affiliation with The Evangelical Lutheran Good Samaritan Society (the “Society”), a non-profit long-term care provider. Our representation primarily focused on assisting Sanford in navigating the change of ownership filings for the Society’s licenses and Medicare and Medicaid filings. Sanford recently affiliated with and became the Corporate Member of The Evangelical Lutheran Good Samaritan Society (the “Society”), a non-profit long-term care provider with more than two hundred senior care locations in twenty-six states. Our representation primarily focused on assisting Sanford and the Society in navigating the change of ownership filings for the Society’s licenses and Medicare and Medicaid filings. As part of this work, we analyzed state regulatory requirements regarding changes of ownership and prepared and submitted the required change of ownership filings. Additionally, we provided counsel on the Society’s compliance program and post-closing enhancement recommendations.
  • Represented CIGNA it its purchase of Express Scripts, Inc. through health care regulatory diligence, contract drafting and integration.
  • Advised a global health care company on a variety of issues in connection with its acquisition of several health plans and provider groups, including health care regulatory due diligence, health care regulatory advice regarding transaction structure and strategy, and preparation of regulatory notices and other filings.
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 a national pharmacy benefit management (PBM) provider in the drafting and negotiating of a $4 billion, 10-year PBM services agreement with a national health insurer. Mintz provided transactional and regulatory counsel and state, federal, and Medicare Part D compliance advice.
Case Study
Mintz has worked with both Medicare Advantage Organizations and Part D plan sponsors across the United States to assist them in offering MA-PD and Part D EGWPs. Mintz attorneys help these clients submit applications to CMS, ensure compliance with CMS guidelines, and resolve ERISA issues.
Case Study
Mintz has served as national transaction counsel for over 20 years for a Fortune 250 company that is a leading provider of kidney care. Mintz attorneys handle corporate, health care regulatory, employment, litigation, tax, and other related issues for transactions across the country.
Case Study
Mintz has advised a discount medical and pharmacy service company since its 2014 inception. Mintz attorney counsel the company on contractual arrangements, acquisitions, strategic initiatives, and all aspects of federal and state regulatory requirements.
Case Study
Mintz is advising a consortium of investors in their approximately $4.1 billion acquisition of Kindred Healthcare, Inc. Mintz collaborates with corporate counsel and provides regulatory analysis for the deal, which will create two stand-alone companies.
Case Study
Mintz advised a health care company on due diligence, structuring, and documentation related to the acquisition of a 13,000-employee long-term care pharmacy. Mintz attorneys counseled the client on privacy, regulatory, and licensing requirements.
Case Study
Mintz has represented multiple health plans seeking to contract with the Centers for Medicare & Medicaid Services (CMS) to offer Medicare Advantage Plans, Part D Plans, or both. Mintz attorneys assist health plans with the CMS application process, notices of deficiencies, and application denials.