National Healthcare Law

Outpatient Health Facilities

• Ambulatory Surgery Centers
• Diagnostic Imaging Centers
• Catheterization Laboratories
• Radiation Oncology Centers
• Urgent Care Centers
• Rural Health Clinics
• Outpatient Rehabilitation Facilities
• Behavioral Health Clinics
• Blood and Tissue Banks
• Physical and Occupational Therapy Centers
• Wellness Centers

Benefiting from a cost-effective business model and an often-favorable regulatory environment, outpatient health facilities are proliferating in many regions. These facilities can target services to community needs and offer enhanced flexibility to practitioners. For precisely these reasons, no two outpatient facilities are exactly alike. Successfully developing, acquiring, or operating an outpatient facility requires a legal team that understands your unique needs. Whether arranging financing and state approval for a development or acquisition, counseling clients on regulatory compliance, or assisting facilities in their day-to-day operations such as billing, staffing, and accounting, Nelson Mullins' experienced healthcare attorneys draw upon years of in-depth experience representing a wide range of clinical practices, including real world experience as practitioners and administrators in several different outpatient disciplines. Our healthcare team advises outpatient facilities on matters such as:

• Facility development and expansion, including assistance with construction contracting and financing, as well as coordination of the construction timetable with obtaining facility licenses and certificates of need (when required);
• Facility merger and acquisition, including negotiation of letter of intent through to the final definitive documents, and communication with regulatory agencies to ensure approval;
• Financing arrangements and tax planning, drawing upon experience on the lender side and borrower side in structuring secured mortgage- and cash flow-based financing, tailoring financial, and other covenants to the reimbursement cycle and all overall needs at the particular outpatient facility;
• Relationships with managed care companies, from negotiating managed care contracts to resolution of payment disputes;
• Physician and professional employment and compensation arrangements, ensuring compliance with corporate practice doctrine, self-referral, and anti-kickback statutes, including the establishment of professional service corporations and other “friendly PC” structures; and
• Day-to-day outside general counsel sources drawing on real world practical experience to provide innovative and thoughtful solutions to everyday issues.