Health Care Business Transactions

At Robinson+Cole, we recognize the unique nature of health care transactions, especially given the rapidly changing business and regulatory landscape. We are able to work on behalf of our clients within applicable regulatory constraints to structure a transaction in a manner to help them achieve their business objectives, whether these objectives are to buy a business, sell a business, form a joint venture, or start a new line of business. From initial business negotiations to post closing operations, we work to understand each client's business model and how each transaction helps that client succeed.

Robinson+Cole's Health Law Group handles a large number of business transactions for its clients, ranging from mergers and acquisitions of health systems to the acquisition of a single provider practice and everything in between. The Health Law Group is structured to bring the appropriate resources to bear, depending on the nature of the transaction. In addition, we are able to tap into the resources available in our other groups, such as real estate, environmental, antitrust, labor and employment, and intellectual property, to handle all aspects of a transaction.

    • Experience
      • Representation of physician hospital organization in connection with purchase of electronic medical record hardware and software, including fraud and abuse and tax exemption advice regarding donation of electronic medical record software and services by a hospital to physicians, structuring the transactions between the physician hospital organizations and the physician users and hospital donor and drafting and negotiating all contracts with the electronic medical record vendor and the physician users.
      • Regular representation of hospitals, integrated delivery systems, nursing homes, continuing care retirement communities, physician groups, outpatient clinics and other health care providers as outside general counsel. Regularly advise these clients in matters of corporate governance, contracts, regulatory compliance, corporate compliance, risk management, policies, fundraising and tax exemption, employment, labor and litigation. Work closely with senior management and/or general counsel in transactional and day-to-day risk management and operational issues.
      • Representation of tissue bank in connection with negotiations and drafting of distribution, supply, licensing, representation and other agreements; acquisition of substantially all of the assets of another tissue bank; creation of domestic and international joint venture; subsidiary arrangements for the provision of certain tissue products and services; and certain regulatory matters.
      • Regular representation of hospitals in connection with physician recruitment and retention matters, including advice regarding Stark exceptions, Anti-kickback safe harbors and tax exemption restrictions and drafting of income guarantees, loan forgiveness arrangements and employment agreements.
      • Representation of hospital in connection with formation of professional corporation for employment of physicians in private practice model.
      • Regular representation of hospitals, outpatient clinics, nursing homes and physician groups in connection with service contracts, including without limitation, contracts with providers of durable medical equipment, pharmacy, clinical laboratory, infusion services and staffing services.
      • Regular representation of hospitals and physician groups in connection with physician and mid-level provider employment agreements, including advice regarding Stark and Anti-kickback statute compliance, incentive compensation and gainsharing issues.
      • Representation of state’s only freestanding children’s hospital in certificate of need proceedings involving relocation of hospital, construction of new facility and combination of fragmented regional pediatric care.
      • Representation of hospital in certificate of need proceeding to secure major expansion of cardiac care to include open heart surgery and angioplasty.
      • Regular representation of hospitals and physician groups in connection with the formation of joint ventures.
      • Representation of purchaser of a continuing care retirement community that was under court-ordered receivership. Worked closely with the client to obtain the necessary regulatory approvals, including without limitation, registration with the Connecticut Department of Social Services and assisted living services agency licensure from the Connecticut Department of Public Health. Successfully negotiated with the Attorney General’s office regarding revisions to continuing care agreements. Prepared and negotiated several management and service contracts. Worked as part of the Robinson & Cole team to resolve issues related to labor and employment, real estate and contract negotiations.
      • Representation of developer of continuing care retirement community in connection with land use, zoning and construction matters.
      • Representation of home care agency in connection with acquisition of the assets of another home health care agency.
      • Representation of hospital in the development of a managed residential community and the licensing of an assisted living services agency, including without limitation, development of the assisted living services agreement, development and negotiation of a management agreement and development of policies.
      • Representation of a nursing home in connection with the acquisition of nursing home beds from a court-ordered receiver. Negotiated asset purchase agreement with receiver and worked closely with the client to obtain the necessary regulatory approvals, including without limitation, the approval of the Connecticut Department of Social Services.
      • Representation of substance abuse treatment center before municipal land use commissions in defending against zoning enforcement actions. Obtained order from federal court allowing clients to continue making off campus housing available to their patients. Regular preparation of, and advice to clients on, certificates of need and appear before the Connecticut Office of Health Care Access in connection with contested certificates of need.
      • Representation of tax exempt hospital in joint venture for outpatient endoscopy center, including negotiation of Operating Agreement, drafting of private placement memorandum for offering of membership units and subscription agreements and analysis of tax exemption and fraud and abuse issues.
      • Representation of joint venture between tax exempt hospital and physicians in connection with development and operation of ambulatory surgery center, including drafting Operating Agreement, drafting private placement memorandum and subscription agreements, fraud and abuse analysis, and drafting and negotiating land option agreement and lease, management agreement and anesthesiology service agreement.
      • Representation of hospital in the sale of its dialysis business, including, without limitation, negotiation of asset purchase agreement, lease documents, acute dialysis service agreement and certificate of need, the Connecticut attorney general conversion act, and Connecticut Department of Public Health approvals.
      • Representation of physician group in the formation of a joint venture with a hospital for outpatient radiology services, including drafting and negotiation of an Operating Agreement, management agreement, billing services agreement, imaging services agreement and lease agreement.
      • Regular representation of hospitals in connection with exclusive professional service agreements for radiology, anesthesiology, pathology and radiation oncology.
      • Representation of health services corporation in connection with liquidation of affiliated health maintenance organization before the Connecticut Insurance Department.
      • Representation of a continuing care retirement community in connection with restructuring and revising their continuing care contracts.
      • Representation of hospital in connection with acquisition of middleware software for electronic health records, including fraud and abuse and tax exemption advice in connection with the donation of such software to physicians.
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    • News
      • May 29, 2020

        Les Levinson Quoted in Article on Hospice M&A Amid Coronavirus Pandemic Published in Hospice News

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      • May 15, 2020

        Les Levinson Quoted in Article on Hazard Pay for Front-Line Workers Published in Home Health Care News

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      • March 18, 2020

        Les Levinson Quoted in Article on Home Health, Home Care M&A Activity Amid Coronavirus Outbreak Published in Home Health Care News

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      • September 13, 2019

        Les Levinson Quoted in Article on Home-Based Care Providers Adopting the ‘One-Stop-Shop’ Model Published in Home Health Care News

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      • July 5, 2019

        Les Levinson Authors Article on Healthcare Financing Anti-assignment Limitations

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      • March 19, 2019

        Les Levinson Quoted in Part B News Articles on 2018 and 2019 Health Care Predictions

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      • February 1, 2019

        Les Levinson Presents on M&A Activity During Home Care 100 Leadership Conference

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      • January 24, 2019

        Eric Kogan and Les Levinson Represent Robinson+Cole During Industry Leading Conference

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      • December 12, 2018

        Les Levinson Moderates Panel During BRG Healthcare Leadership Conference

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      • August 9, 2018

        Robinson+Cole Helps Facilitate Significant Transactional Health Deals

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      • June 29, 2017

        Les Levinson Speaks on Health Care Private Equity

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      • May 10, 2017

        Les Levinson Presents at AHLA Health Care Transactions Conference

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      • May 3, 2017

        Les Levinson Speaks on Home Health and Hospice Transactions

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      • December 14, 2016

        Les Levinson Moderates BRG Leadership Conference

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      • December 8, 2016

        Health Care Lawyers Speak on Bundled Payment Programs Post Election

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      • November 29, 2016

        Les Levinson Presents at Privcap Healthcare Conference

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      • August 24, 2016

        Les Levinson Moderates and Presents on Home Health and Hospice Transactions

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      • May 18, 2016

        Les Levinson Moderates Health Care Services M&A Round Table

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      • August 24, 2015

        Les Levinson Moderates Webinar on Home Health and Hospice M&A

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      • December 1, 2014

        New York Lawyer Speaks at Annual HCap Conference

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      • December 11, 2013

        Robinson & Cole Elects Four New Partners and Promotes Six Counsel

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      • November 1, 2013

        Robinson & Cole Receives 34 First-Tier Metropolitan Rankings and Three National Rankings in U.S. News – Best Lawyers Survey

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      • October 21, 2013

        Super Lawyers® Names 61 Robinson & Cole Attorneys to 2013 List

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      • September 3, 2013

        Hartford Office Lawyers Elected to Executive Committee of CBA's Young Lawyers Section

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      • August 16, 2013

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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      • June 10, 2013

        Chambers USA Ranks Robinson & Cole in Five Practices, Names 17 Attorneys as Leading Lawyers

      • February 11, 2013

        Ted Tucci Quoted in Law360 Article for Health Law

      • December 21, 2012

        Robinson & Cole Attorneys Appointed to Board of Directors of Nonprofits

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      • November 7, 2012

        Robinson & Cole Receives 32 First-Tier Metropolitan Rankings and Four National Rankings in U.S.News - Best Lawyers Survey

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      • October 22, 2012

        Super Lawyers® Names 49 Robinson & Cole Attorneys to 2012 List and Recognizes 26 as Rising Stars

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      • August 28, 2012

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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      • August 2, 2012

        Ted Tucci on Panel Discussion about the Supreme Court’s Ruling on Health Care

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      • June 30, 2012

        Theodore J. Tucci to Participate in the Metro Hartford Alliance’s Panel Discussion on the U.S. Supreme Court’s Ruling on Health Care Reform

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      • June 7, 2012

        Chambers USA Ranks Robinson & Cole in Five Practices, Names 16 Attorneys as Leading Lawyers

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      • January 19, 2012

        Robinson & Cole Welcomes New Health Law Attorneys

      • October 19, 2011

        Class Dismissed! Appellate Team Wins Summary Judgment for Health Insurer

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      • June 17, 2011

        Chambers USA Ranks Robinson & Cole in Six Practices, Names 12 Attorneys as Leading Lawyers

      • June 14, 2011

        Health Law Attorneys Publish ACO Regulations Article in Connecticut Law Tribune

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      • June 8, 2011

        Robinson & Cole Attorneys Present Webinar on Accountable Care Organizations (ACOs)

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      • May 13, 2011

        Attorneys Present Webinar on Accountable Care Organizations

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      • May 5, 2011

        Robinson & Cole Attorneys Present Medicaid Audit Defense Seminar

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      • December 15, 2010

        Health and Benefits Litigators Win “Appropriate Care” Disability Insurance Case

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      • December 6, 2010

        Health Care Attorneys Talk Strategy with Hospitals

      • November 1, 2010

        VNA Health Care Elects Attorney to Board of Directors

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      • September 17, 2010

        Robinson & Cole LLP Receives Most Connecticut First-Tier Rankings in Inaugural U.S.News - Best Lawyers Survey

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      • August 12, 2010

        Health Law Group Hosted Webinar on New Electronic Health Record Requirements

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      • June 14, 2010

        Robinson & Cole Partner Quoted in Hartford Business Journal on Health Care Reform Impact to Local Businesses

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      • June 4, 2010

        Robinson & Cole Attorneys Author CT Law Tribune Article on Expansion of Fraud and Abuse Laws Under Reform Legislation

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      • May 20, 2010

        Robinson & Cole Attorneys Featured in Health Care Reform Book

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      • April 28, 2010

        Robinson & Cole Attorney Speaks at Regional Economic Development Forum

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      • October 12, 2009

        Connecticut Governor Appoints Robinson & Cole Attorney to Advisory Committee

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    • Publications + Presentations
    • "Home Care M&A Outlook," presented by Leslie J. Levinson, moderated at the 2020 Home Care 100 Leadership Conference (1/20/2020)
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      "Will the 2020 Election Impact Healthcare M&A?" presented by Leslie J. Levinson, at the Berkeley Research Group's Healthcare Leadership Conference 2019 (12/5/2019)
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      "Healthcare Financing Anti-assignment Limitations," authored by Leslie J. Levinson, published as a Lexis Practice Advisor practice note. (March 2019)
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      "Les Levinson Quoted in Part B News Articles on Past and Future Health Care Predictions," published in Part B News (January 7, 2019)
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      "Private Equity Investing in Health Care: Midyear Update," co-presented by Leslie J. Levinson and Slava Girzhel, a managing director at KeyBanc Capital Markets; John Pouchine, a principal at Pouchine Cook Capital Management, and Eb LeMaster, a managing director at Ponder &Co., webinar (6/27/2017)
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      "Fundamentals–The Art of the Deal: Getting Your Deal Done," presented by Leslie J. Levinson, at an American Health Lawyers Association (AHLA) program in Nashville, Tennessee (4/26/2017)
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      "Home Health & Hospice: Buying, Selling and Valuing," presented by Leslie J. Levinson, panelist for webinar presented by Irving Levin Associates (4/20/2017)
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      "Featured Deals of 2016," presented by Leslie J. Levinson, at the Berkeley Research Group (BRG) Healthcare Leadership Conference in Washington, DC (12/12/2016)
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      "Bundled Payment Programs Post Election—What the C-suite Needs to Know," co-presented by Brian D. Nichols, Leslie J. Levinson and Dave Terry of Archway Health, webinar (12/8/2016)
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      "What’s Driving Healthcare Private Equity Deal Flow?" co-presented by Leslie J. Levinson and John McKernan of The Riverside Company and Adam Dolder of Great Point Partners, at the Privcap Game Change: Healthcare 2016 conference in New York City (11/17/2016)
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      "Les Levinson Moderates and Presents on Home Health and Hospice Transactions," presented by Leslie J. Levinson, webinar (8/18/2016)
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      "Health Care Services M&A 101 Round Table," co-presented by Leslie J. Levinson and Darby Anderson, chief business development and strategy officer at Addus HealthCare; Burk Lindsey, managing director at Raymond James; and John Pouschine, co-founder and managing member of Pouschine Cook Capital Management, moderated webinar (5/5/2016)
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      "CMS Releases Statement on Progress of EHR Incentive Programs" (12/13/2013)

      "OIG Report Outlines Concerns Regarding Use of Spinal Devices Provided by Physician-Owned Distributors" (12/11/2013)

      "Developing an Accountable Care Organization; Participating in the Medicare Shared Savings Program," presented at Connecticut Healthcare Financial Management Association Seminar, co-presented by Brian D. Nichols and Meaghan Mary Cooper (11/20/2013)

      "Compliance Date of HIPAA Omnibus Rule Approaching" (08/08/2013)

      "CT DSS Notifies Providers They Must Enroll in Medicaid to Serve Medicaid Beneficiaries" (08/01/2013)

      "OIG Issues Advisory Opinion Permitting Podiatrist-Owned Orthotics Business" (07/30/2013)

      "CT Health Law Legislative Update" (07/16/2013)

      "CT Health Law Legislative Update Supplement" (07/16/2013)

      "Health Law Pulse" (06/26/2013)

      "OIG Releases Revised Provider Self-Disclosure Protocol" (05/07/2013)

      "OIG Releases Special Fraud Alert and EHR Donation Sunset Date" (04/12/2013)

      "CMS Releases Final Sunshine Act Rule" (03/12/2013)

      "Implications of the Final HIPAA Omnibus Rule," co-presented by Brian D. Nichols, Meaghan Mary Cooper and Michael J. Kolosky, webinar (3/5/2013)

      "FTC Issues Favorable Advisory Opinion to Clinically Integrated PHO" (02/28/2013)

      "OIG Issues Advisory Opinions" (02/20/2013)

      "HIPAA Omnibus Rule Released" (02/13/2013)

      "CT AG Consolidates Antitrust and Health Care Fraud Units" (01/22/2013)

      "HHS-OCR Guidance for De-identifying PHI Under HIPAA" (12/18/2012)

      "OIG: Per Diem Call Coverage Payment Not Subject to Sanctions" (12/06/2012)

      "OIG Workplan for Fiscal Year 2013" (10/30/2012)

      "CT DSS Issues Proposed Audit Regulations" (10/18/2012)

      "Service Line Co-Management Arrangements: Models & Practicalities," published in ABA Health eSource, authored by Pamela H. Del Negro (10/2012)

      "Health Law Pulse" (09/27/2012)

      "CT Health Law Special Legislative Session Update" (07/25/2012)

      "NLRB Finds Hospital's No-Access Policy for Off-Duty Employees Unlawful" (07/16/2012)

      "Patient Protection and Affordable Care Act," presented by Theodore J. Tucci (7/10/2012)
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      "New Regulations for Hospital Conditions of Participation" (07/09/2012)

      "Supreme Court Holds Patient Protection and Affordable Care Act Constitutional" (06/29/2012)

      "CT Health Law Legislative Update" (06/11/2012)

      "Health Law Pulse" (06/01/2012)

      "OSHA Focuses on Nursing and Residential Care Facilities" (04/23/2012)

      "CMS Issues Proposed Rule on Stage Two Meaningful Use" (03/13/2012)

      "Health Law Pulse" (03/01/2012)

      "Federal Agency Guidance on ACOs Released" (11/22/2011)

      "Accountable Care Organizations Final Regulations Released" (11/09/2011)

      "Health Law Pulse" (10/18/2011)

      "CT Health Law Legislative Update Part 2" (08/19/2011)

      "CT Health Law Legislative Update Part 1" (07/14/2011)

      "Health Law Pulse" (06/24/2011)

      "New Entities Will Coordinate Medicare Coverage," published in Connecticut Law Tribune, co-authored by Pamela H. Del Negro and Meaghan Mary Cooper (5/16/2011)

      "Guidance Released on Accountable Care Organizations Participating in the Medicare Shared Savings Program" (05/13/2011)

      "Finally! Some Enlightenment on Accountable Care Organizations: Proposed Rules Issued," co-presented by Lisa M. Boyle and Kimberly E. Troland and Moses Vargas (4/27/2011 and 5/4/2011)

      "Legal and Strategic Considerations in Defending Medicaid Audits," at Connecticut Community Providers Association, co-presented by Theodore J. Tucci and Michael J. Kolosky (4/27/2011)

      "Federal Agencies Release Guidance on Accountable Care Organizations" (04/21/2011)

      "Health Law Pulse" (03/10/2011)

      "Horizontal Merger Guidelines Revised" (10/19/2010)

      "Health Law 2010 Legislative Update" (07/15/2010)

      "New "Patient's Bill of Rights" Issued under Patient Protection and Affordable Care Act" (07/07/2010)

      "Health Care Reform Update" (04/12/2010)

      "President Obama Announces New Efforts to Crack Down on Fraud" (03/22/2010)

      "Vermont Supreme Court Upholds Suspension of Physician's License Despite Due Process" (02/12/2010)

      "Recovery Audit Contractor (RAC) Program" (12/28/2009)

      "CMS Issues Memorandum on Compliance with EMTALA During a Potential H1N1 Emergency" (12/28/2009)

      "Massachusetts Court Interprets Mental Health Professional "Duty to Warn Statute"" (12/28/2009)

      "Enforcement of Red Flags Rule Has Been Delayed Again" (11/09/2009)

      "New Connecticut False Claims Act" (11/09/2009)

      "Health Law 2009 Legislative Update" (09/21/2009)

      "Interim Final Regulations Clarify HITECH's Breach of Health Information Notification Requirements" (09/03/2009)

      "Enforcement of Red Flags Rule Has Been Delayed" (07/30/2009)

      "HHS Issues Guidance on Technologies and Methodologies that Render Protected Health Information Secure" (07/29/2009)

      "Enforcement of Federal Trade Commission Red Flag Rules Delayed" (05/19/2009)

      "Health Care Entities that Extend Credit to Patients Must Implement Identity Theft Prevention Program" (04/27/2009)

      "Health Care Implications of Federal Stimulus Plan" (03/09/2009)

      "Red Flag Rules' Effective Date Has Been Delayed" (10/24/2008)

      "Health Law 2008 Legislative Update" (09/03/2008)

      "A Guide to Connecticut’s Certificate-of-Need Process," published in Connecticut Medicine Magazine, co-authored by Brian D. Nichols and Theodore J. Tucci (June/July 2008)

      "Health Law Pulse" (06/11/2008)

      "The Joint Commission Suspends the Implementation of Revised Standard MS 1.20" (06/11/2008)

      "CT Department of Public Health Adopts New Regulations for Reporting Adverse Events within Hospitals and Outpatient Surgical Facilities" (02/29/2008)

      "Health Law Pulse" (11/06/2007)

      "Health Law Pulse" (08/09/2007)

      "Health Law Pulse" (06/27/2007)

      "Data Privacy + Security Insider" authored by Linn F. Freedman (10/22/2015)

      "Make Sure Your Estate Plan Is in Order," at Hartford Hospital, presented by Judith M. Keppelman (10/17/2007)

      "e-News" (10/08/2004)

      "Health Law Pulse" (11/27/2006)

      "Health Law Pulse" (07/31/2006)

      "Health Law Pulse" (06/20/2006)

      "Health Law Pulse" (05/24/2006)

      "e-News" (08/24/2005)

      "e-News" (06/10/2005)

      "e-News" (03/29/2005)

      ""Real Estate," published in MCLE's Superior Court Civil Practice Jury Instructions Book, ch. 17, 3rd. ed., 2nd Supplement 2018.," (no)

      "Data Privacy + Cybersecurity Insider" authored by Linn F. Freedman (8/16/2018)

      "e-News" (09/20/2004)

      "e-News" (08/09/2004)

      "e-News" (04/06/2004)

      "e-News" (11/10/2003)

      "e-News" (09/25/2003)

      "Confidentiality," at Mental Health and the Law, A Health Education Network program, presented by Meaghan Mary Cooper

      "Medical Records Law," at Lorman Education Services program, presented by Meaghan Mary Cooper (3/14/2013; 4/11/2012)

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Members