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Health Law
Health Law

State & Federal Health Care Licensing and Change of Ownership (CHOW) Transactions

We provide strategic support in navigating and expediting the often complex and bureaucratic licensing and permitting process at both the state and federal level.

Our Approach

Winthrop’s health care team counsels clients through the labyrinth of licensing, permitting and certification and represents clients before state and federal regulatory agencies, including the Centers for Medicare and Medicaid Services, the Minnesota Department of Health, and Minnesota Department of Human Services, Board of Medical Practice, Board of Nursing, Board of Dentistry, Board of Pharmacy, and others.  Our group consists of former Assistant Attorneys General who advised many of these agencies and boards.  The resulting deep personal relationships and understanding of the process can make all the difference in obtaining timely and satisfactory results.

The Winthrop team is expert at negotiating the change of ownership process associated with heavily regulated healthcare transactions.  We represent owners, operators, managers, and developers in all regulatory aspects of healthcare transactions, serving as primary regulatory counsel in complex transactions.

We represent clients in change of ownership matters involving asset and stock transactions, mergers, restructurings, and other organizational changes.  We represent providers across the healthcare industry, including behavioral health providers, mental health providers, assisted living facilities, home health agencies, pharmacies, laboratories, physician groups, and more.

We also provide counsel to private equity investors, REITs, and developers to proactively address regulatory issues to expedite closings, minimize cashflow disruption, and facilitating the overall process.  We help clients obtain certificates of need, necessary licensure, Medicare and Medicaid certification, and enrollment and credentialing with healthcare plans.  We perform all regulatory due diligence; counsel on CARES Act provider relief funding; review, revise, and negotiate operations transfer agreements (OTAs), and all other transaction documents; and Medicare and Medicaid post-closing regulatory filings to ensure compliance with federal and state law.  Our experience in all aspects of this industry helps facilitate a smooth transaction from start to finish.

Clients Include

  • Physician groups
  • Behavioral health providers
  • Mental health providers
  • Hospitals and health care systems
  • Home health care organizations and systems
  • Assisted Living Facilities
  • Senior living operators and owners
  • Trade associations
  • Pharmacies and specialty pharmacies
  • Dentists and specialists
  • Private equity investors

Notable Experience

  • Represented a large specialty provider group in connection with its acquisition of a complementary provider group.
  • Served as regulatory counsel for a behavioral health care provider in connection with its acquisition by a private equity sponsor.