Health Care - Brownstein Hyatt Farber Schreck

From creating drugs of the future to structuring a medical plan, companies in the health care sector face a rapidly changing regulatory and political landscape. Brownstein has its fingers on the pulse of that health care industry. We work with providers, plans, bioscience and pharmaceutical companies in a variety of areas, including intellectual property, government relations and lobbying, compliance, transactions and litigation. If the matter involves health care, we have the multi-disciplinary breadth and depth of experience this complex sector demands.

Representative Matters
  • Represented RV Management Corp. and its subsidiary, Renal Ventures Management, LLC in the sale of 100% of the issued and outstanding equity interests of Renal Ventures Management, LLC to DaVita Inc. Renal Ventures Management, LLC owned and operated approximately 40 renal dialysis clinics in the states of Texas, Iowa, Pennsylvania, West Virginia, and New Jersey. The sale included a full sale process run by Raymond James, comprehensive negotiations with DaVita Inc., a detailed antitrust review process before the Federal Trade Commission, the divestiture by DaVita Inc. of several clinics (including three acquired clinics), and the spin-off of the infusion and vascular lines of business post-closing.

  • Represented nutritional supplement company in employment lawsuit involving former high-level executive.

  • Successfully resolved dispute between publically traded company and former employee involving trade secrets and other contractual disputes.

  • Successfully represented specialized oncology treatment center in complex commercial dispute.

  • Successfully represented one of the largest health insurance companies in the country in a lawsuit alleging violations of the Sherman Act and Colorado Antitrust Act. Asserted counterclaims under the Sherman Act, Colorado Antitrust Act, Colorado Consumer Protection Act, and ERISA, in addition to various tort claims.

  • Advised health care organizations regarding False Claims Act compliance issues.

  • Represented Ergentus Emergency Physicians in its merger with US Acute Care Solutions, a portfolio company of Welsh, Carson, Anderson & Stowe.

  • Provided infrastructure and restrictive-covenant negotiation assistance for an operator of assisted-living and nursing facilities.

  • General counsel advice on regulatory compliance, employment, tax, real estate and operational matters for Frasier Meadows, a continuing care retirement community.

  • General counsel advice on hospital replacement, finance, regulatory compliance, employment, tax, real estate and operational matters for St. Vincent General Hospital District, a critical access hospital and Colorado special district.

  • Represented Rise Medical Staffing, a rapidly-growing provider of travel nurse staffing solutions to hospitals and other healthcare facilities throughout the United States, in its sale to Advanced Medical Personnel Services, Inc., a portfolio company of Clearview Capital Fund III, L.P.

  • Assist physician practice to manage HIPAA, clinical trials and biometrics issues associated with expanded cutting-edge medical services-related practice.

  • Representing publically traded company in employment dispute with former executive.

  • Serves as land use counsel for Casa Dorinda, a Southern California 360-resident retirement community, which secured approval for an update of its campus master plan. The update includes new cottages and other independent living units, an enlarged personal care facility, and a new memory care unit. Brownstein assisted the client in successfully negotiating settlements with a number of neighbors who had concerns about the intensification of use on the campus.

  • Represented Emergency Physicians at Porter Hospitals in its Agreement and Plan of Merger by and among U.S Acute Care Solutions Holdings, LLC and USACS Management Group, Ltd.

  • Provided government relations representation for the state chapter of LeadingAge Colorado, an assisted-living trade organization.

  • Represented American Medical Response (AMR), a subsidiary of Envision Healthcare Holdings, Inc., in its acquisition of Community Emergency Medical Services, a medical transportation company serving Central Massachusetts

  • Represented American Medical Response (AMR), a subsidiary of Envision Healthcare Holdings, Inc., in its acquisition of Vital Emergency Medical Services, a full service, medical transportation company in the Central Massachusetts region.

  • Represented Colorado Center for Reproductive Medicine, one of Colorado’s leading fertility clinics, in a growth equity investment from TA Associates.

  • United Behavioral Health v. Maricopa Integrated Health System, et al. Successful representation of plan in actions to compel arbitration of multiple individual benefit claims pursuant to an arbitration provision within the providers’ contracts with the plan. The Arizona Court of Appeals, following Heckler v. Ringer, held that the claims were, at bottom, coverage denials and the provider could not bypass the administrative appeals process established by the Medicare Act and its regulations. 2015 WL 3875308 (Ariz. Ct. App., June 23, 2015)

  • Represented BCOM Investment Partners, LLC in its equity private placement and secured note financing.

  • Provide health care compliance and operational advice for Christian Living Communities, an operator of continuing care retirement communities and provider of affiliated business operations and services.

  • Advise MBK Senior Living on Medicare and Medicaid issues, adult day care services, compliance, and PACE (Program of All-Inclusive Care) services.

  • On behalf of a health care technology company, generated congressional support for client's efforts to partner with federal departments and agencies, which ultimately led to an opportunity with the Department of Veterans Affairs.

  • Represented CareGivers America in its sale to All Metro Health Care Services, a portfolio company of Nautic Partners.

  • Represented Envision Healthcare Holdings, Inc. in its acquisition of VISTA Staffing Solutions from On Assignment, Inc. VISTA is a leading provider of locum tenens staffing and permanent placement services for physicians, nurse practitioners and physician assistants, and offers international placements and physician search and consulting services to hospitals, medical practices and government agencies.

  • Served as counsel to Renal Ventures Management, LLC on its joint venture with Renal Center of Monroe and Hypertension and Nephrology Specialists Dialysis Ventures, LLC. Both Renal Ventures Management and Hypertension and Nephrology Specialists Dialysis Ventures, LLC are engaged in the business of providing intermittent or continuous renal replacement therapy, dialysis supply services, renal diagnostic testing and other health care services.

  • Served as counsel to Renal Ventures Management, LLC on its sale of interests in and new joint venture with Renal Center of Storm Lake and Renal Associate Holdings, LLC. Both Renal Ventures Management and Renal Associates Holdings, LLC are engaged in the business of providing intermittent or continuous renal replacement therapy, dialysis supply services, renal diagnostic testing and other health care services.

  • Represented WealthTouch Holdings, Inc., a leading provider of consolidated investment reporting services to ultra-high net worth families, family offices, wealth advisors and foundations, in its sale to Archway Technology Partners, LLC, an Indianapolis-based provider of software products and outsourced support services for the investment management and private wealth management industries.

  • Spinedex v. United Healthcare, et al. Representation of claims administrator and benefit plans in significant Ninth Circuit case addressing Article III standing to sue for assigned claims, assignability of breach of fiduciary duty claims, enforceability of a plan’s limitation period, exhaustion of administrative remedies, and related ERISA issues. 770 F.3d 1282 (9th Cir. 2014)

  • Served as counsel to Fertility Laboratory Sciences, LLC on its contribution and joint venture formation of Fertility Lab Sciences of New York, LLC.

  • Represented Clayton Health Systems, Inc. in connection with refinancing of debt with New Mexico Finance Authority as lender, with Union County, New Mexico with respect to Union County General Hospital and continued representation of Union County General Hospital, including providing corporate enforceability opinion and 501c3 opinion.

  • Aviation West v. United Healthcare Ins. Co. Successful defense of payor via summary judgment of provider’s ERISA based challenge to the payor’s recoupment of a claim paid in error. Provider asserted the recoupment was invalid under ERISA based on the purported failure to give notice and provide hearing rights and waiver of the plan’s anti-assignment provision.

  • Tuttle v. Varian Med. Systems, Inc. Med. Plan Adm’r, Successful defense of ERISA plan in an action brought under ERISA § 502(a) seeking network level of benefits for out-of-network services based on theories of non-disclosure, continuity of care and reasonable expectations. 2014 WL 4977681 (D. Ariz. Sept. 19, 2014)

  • Provide government relations representation, corporate and employment advice for a regional provider of senior healthcare services and programs.

  • Norstan, Inc. v. Lancaster, et al. Successful representation of plan in action under ERISA § 502(a)(3) for recognition of an equitable lien by agreement against estate of participant, including the successful defense of the district court’s injunction in the Ninth Circuit and an award of attorneys’ fees for the plan. 2014 WL 2921656 (D. Ariz. June 27, 2014)

  • Served as Nevada counsel to Envision Healthcare Corporation and its Nevada subsidiary guarantors and issued a legal opinion in connection with the sale and issuance by Envision Healthcare Corporation of an aggregate of $750,000,000 principal amount of 5.125% Senior Notes due 2022.

  • Represented Regional Care Services Corporation, the parent company of Casa Grande Regional Medical Center based in Casa Grande, Arizona, in connection with negotiation of the sale of the hospital assets to Banner Health pursuant to an Asset Purchase Agreement and related transactions. Representation encompassed all aspects of this sophisticated sale transaction, including the sale process and APA, coordinating interim financing arrangements and reorganization under Chapter 11, and identifying and resolving all health care regulatory aspects of the foregoing.

  • Provided general corporate and health care regulatory advice to Colorado Pain Care, LLC in connection with its joint venture formation and participation in private equity backed pain care platform.

  • Represented American Medical Response, Inc., a subsidiary of Envision Healthcare Holdings Inc., in its acquisition of MedStat EMS, Inc., a Mississippi based ambulance company.

  • Educated and engaged lawmakers on the needs of Veterans with hearing loss and the role of providers in ensuring timely hearing health visits are provided for Veterans. Successfully introduced legislation to increase the number of provider classes available to the VA while encouraging dialogue with the Administration on the utilization of appropriate providers throughout the VA health care system.

  • Lead counsel in a trade secrets case in Federal Court in Wyoming arising out of the sale of a business and theft of software. Represented the plaintiff, a Fortune 200 company through a preliminary injunction hearing resulting in the entry of a permanent injunction.

  • Represented Breakthrough Products in its $3.4 million convertible note purchase agreement.

  • Brownstein represented Renal Ventures Management, LLC in a refinance of a Second Amendment to Credit Agreement and Amendment to Guaranty Agreements with JPMorgan Chase Bank, N.A. as Administrative Agent and Issuing Bank J.P. Morgan Securities LLC as Sole Lead Arranger and Sole Book Runner increasing aggregate commitment to $80,000,000.

  • Lead counsel for Fortune 20 managed care provider in Colorado for numerous actions for breach of insurance contracts. Successful dismissal of four separate actions on grounds of jurisdiction, failure to state a claim, and wrongful joinder.

  • Brownstein represented Regional Care Physicians Group, Inc., an Arizona non-profit corporation (the "Buyer," also known as/affiliated with Casa Grande Regional Medical Centers) in an Asset Purchase Agreement with an Arizona medical practice group.

  • Represented Envision Healthcare Corporation, a service provider of healthcare-related services to consumers, hospitals, healthcare systems, health plans and local, state and national government entities, in its acquisition of TMS Management Group, Inc., a provider of non-emergency transportation management and brokerage services. The company is headquartered in Clearwater, FL.

  • Obtained summary judgment in federal court case involving claims of sexual harassment and retaliation.

  • Represented Casa Grande Regional Medical Center in its Agreement and Plan of Merger by and among Cancer Treatment Services Arizona, LLC, Cancer Treatment Services International, Arizona LLC, Regional Health Care Ventures and Arizona Radiation Therapy Management Services, Inc.

  • Represented healthcare consultant in trade secret misappropriation case.

  • Served as counsel to Renal Ventures Management, LLC on its contribution and joint venture formation of Renal Center of Morristown, LLC and Renal Center of Succasunna, LLC, and the subsequent acquisition of assets from AHS Hospital Corp. and financing. Renal Ventures Management provides intermittent or continuous renal replacement therapy, dialysis supply services, renal diagnostic testing and other health care services.

  • Represented a healthcare company in creating innovative new joint venture ownership structure for in vitro fertilization labs, leveraging best of breed technologies and best practices through licensing and management systems. Researched and created innovative corporate and business structure achieving business priorities while addressing competing requirements in areas of corporate, tax, insurance, consumer finance, and health care, including restrictions on corporate practice of medicine, fee splitting, self-referral, and anti-kickback.

  • Represented Emergency Medical Services Corporation in acquisition of Saint Vincent Anesthesia Medical Group, Inc., and Golden State Anesthesia Consultants, Inc. The two companies are affiliated with each other and based in the Los Angeles, California metropolitan area. Both provide outsourced anesthesia services to hospitals in southern California.

  • Represented Caduceus, LLC in the acquisition, development and financing of real property in Saginaw, MI; Sandy, OR; Locust Grove, VA; and Ankeny, IA; and the sale of medical office buildings in Chicago, IL; Hainesport, NJ; Chula Vista, CA; and Amarillo, TX.

  • Represented The TriZetto Group, Inc. in its acquisition of Healthcare Productivity Automation, LLC, a Franklin, Tennessee based company that employs a highly advanced, cloud-based claims workflow tool, Health Mason.

  • Working with Congressional committees of jurisdiction to challenge the Food and Drug Administration to apply more accurate risk/benefit profiles to needed therapies for obesity. Secured the introduction of and support for federal legislation to provide reimbursement for these therapies under the Medicare and Medicaid programs.

  • Representation of health plans in separate actions for the recovery of over $9 million in overpayments to providers.

  • Successfully defended one of the country's largest ambulatory health care companies in litigation against physician group.

  • Prevailed in arbitration on behalf of the manager of an ambulatory surgery center against a majority physician owner group, successfully obtaining injunctive relief securing management control over the center.

  • Represented purchaser in acquisition and development of real property for medical clinic site located in Saginaw, Michigan, and in negotiation of Co-Lender and Servicing Agreement for financing arrangement.

  • Represented Renal Ventures Management, LLC in its divestiture of certain assets by Renal Center of Midland-Odessa, LLC to Bio-Medical Applications of Texas, Inc.

  • Represented EPPH Holding Company, LLC and Ascend Billing Services, LLC in an asset purchase agreement for the sale of assets of Ascend, a medical billing services company, to Medical Consultants, Inc. and Intermedix Corporation.

  • Represented Breakthrough Products, Inc. in their $3 million Series B equity financing.

  • Served as special counsel to Emergency Medical Services Corporation in connection with the preparation of a fourth supplemental indenture and issuance of a legal opinion with respect to the addition of new subsidiary guarantors under the existing bond indenture.

  • Served as Nevada counsel to HMS Holdings Corp. in connection with its acquisition of HDI Holdings, Inc. and the immediately subsequent financing, in which HDI Holdings, Inc. and its wholly-owned subsidiary, HealthDataInsights, Inc., were guarantors of a $450 million credit facility entered into by HMS Holdings Corp.

  • Served as counsel to Renal Ventures Management, LLC on its contribution, joint venture formation and debt financing for Renal Center of Beaumont, LLC, Renal Center of Orange, LLC, Renal Center of West Beaumont, LLC, Renal Center of Nederland, LLC, and Renal Center of Port Arthur, LLC, and the subsequent acquisition of assets from the other party, which closed on December 15, 2011. Both Renal Ventures Management and Renal Care Group-Beaumont, L.P. provide intermittent or continuous renal replacement therapy, dialysis supply services, renal diagnostic testing and other health care services.

  • Served as counsel to Renal Ventures Management, LLC on its contribution and joint venture formation of Renal Center of Fort Dodge, LLC and Renal Center of Webster City, LLC, and the subsequent acquisition of assets from Trinity Regional Medical Center and financing, which closed on December 9, 2011. Both Renal Ventures Management and Trinity Regional Medical Center provide intermittent or continuous renal replacement therapy, dialysis supply services, renal diagnostic testing and other health care services.

  • Represented EMSC, the leading provider of emergency medical services in the U.S., in the acquisition of Acute Management, LLC, the management services company of Acute Surgical Care Specialists, PLLC. Based in Plano, Texas, Acute Surgical contracts with hospitals to provide trauma, orthopedic and general surgery physician call coverage. Upon completion of the transaction, Acute became a part of EmCare's newly formed surgery services division.

  • Represented a hospital client in several employment cases resulting in complete defense verdicts after jury trials.

  • Served as local Nevada counsel to Emergency Medical Services Corporation in an opinion rendered in its $2.7 billion bank financing and private placement of debt securities.

  • Represented Atria Senior Living Group Inc. in a deal to merge its real estate interests with the Ventas Inc. real estate investment trust. Brownstein's representation included the analysis of and advice concerning state and local licensing requirements for assisted living and senior living facilities in Colorado, Utah, New Mexico and Nevada; a legal opinion regarding certain transactions affecting facilities in New Mexico; and research and preparation of applications for several ancillary licenses in some of the states, including interfacing with state health officials.

  • Served as Nevada counsel and issued opinion on behalf of Insight Health Corporation, a borrower in a revolving loan facility.

  • Served as counsel to Renal Ventures Management, LLC on its contribution and joint venture formation of Kidney Life, LLC. Both Renal Ventures Management and Kidney Life are engaged in the business of providing intermittent or continuous renal replacement therapy, dialysis supply services, renal diagnostic testing and other health care services.

  • Successfully defended a nutritional supplement company and its officers in Colorado and New York Attorney Generals' Consumer Protection and Deceptive Trade Practices investigations and related civil litigation.

  • Served as counsel to Renal Ventures Management, LLC. JP Morgan Chase & Co. and Vectra Bank have formed a syndicate to provide an expanded senior credit facility providing up to $50 million of additional capital for growth and operations.

  • Assisted a large international health care company in protecting patient access to life-sustaining clotting factor treatments by advocating for a limited increase in mandatory price discounts.

  • Preserving data protections for costly, research intensive, biological pharmaceutical products; ensuring appropriate reimbursement rates for life sustaining products; and including healthy lifestyle initiatives in the Affordable Care Act.

  • Served as counsel to Renal Ventures Management, LLC on its $30 million private placement of debt and warrants with Goldman Sachs, and related redemption of stockholder equity. Renal Ventures Management is engaged in the business of providing intermittent or continuous renal replacement therapy, dialysis supply services, renal diagnostic testing and other health care services.

  • Regional Care Services Corporation v. Companion Life Insurance Company. Obtained judgment for a self-funded ERISA plan in recovery against stop-loss carrier that contested the plan administrator's discretion to determine eligibility and interpret the terms of the plan. The district court ruled that the stop-loss insurer was bound by the plan administrator's decision. 869 F. Supp. 1079 (D. Ariz. 2012).

  • Representation of a national pharmacy benefits manager in response to a request for proposal from Nevada State Purchasing.

  • Represented Firehouse Ventures, LLC and its affiliates in the sale of all stock to VCA Animal Hospitals, Inc., a subsidiary of VCA Antech, Inc. Firehouse Ventures owned and operated six veterinary hospitals in the Denver metropolitan area.

  • Represented Emergency Medical Services Corporation as Nevada counsel in the financing of new senior secured credit facilities consisting of a $425 million 5-year term loan and a $150 million revolving credit facility, and issues opinions.

  • Assisted Aion Partners LLC in its corporate structuring and private placement of limited liability company units to raise equity for bringing its technology to market. Brownstein also secured the intellectual property rights for Aion to sell its proprietary, green technology that minimizes the occurrence of hospital-acquired secondary infections.

  • Serves as employment counsel for various national companies in industries ranging from health care, energy and engineering/construction to manufacturing, retail and telecommunications. Brownstein provides both pro-active counsel and litigation services for these companies.

  • Helped physician owned hospital retain its governing structure in health care reform.

  • Rrepresented Firehouse Ventures, LLC, a veterinary practice roll-up organization, in general business and corporate advisory legal matters. Brownstein helped to form the company, guided the founders through several rounds of equity and debt financings, and have provided employment, ERISA and benefits advice including phantom stock plans. Brownstein also handles all of Firehouse Ventures' litigation, real estate and practice acquisitions.

  • Represented Firehouse Ventures, LLC in multiple acquisitions from 2005 - 2009.

  • Represented a Medicaid/Medicare services provider in a dispute with the federal government resulting in a 10th Circuit victory against the Department of Health and Human Services.

  • Negotiated two office leases in Boulder, Colorado for over 100,000 square feet of office and lab space on behalf of Gilead Sciences, a leading biopharmaceutical company.

  • Represented Infusion Partners, Inc. in its $6.5 million acquisition involving 100 percent of capital stock of Scott Wilson, Inc. The acquisition was funded by an equity investment by Kohlberg Company, the principal shareholder of Critical Homecare Solutions, in the form of Series A Preferred Stock.

  • Represented Critical Homecare Solutions, Inc. in its $4.2 million acquisition involving 100 percent of the capital stock of Wilcox Medical.

  • Represented a class of temporary nurses in federal antitrust litigation against a state-wide hospital association and several individual hospitals in Arizona. The case resulted in a $24 million settlement.

  • Provided strategic advice and organization to an informal coalition of companies concerned about the makeup of the Federal Judiciary, resulting in legislation to modernize judicial salaries passing both the House and Senate Judiciary Committees.

  • Represented a California health club organization in the preparation of a property report assessing land use opportunities and constraints relative to long-term planning for a community recreation facility.

  • Represented Critical Homecare Solutions, Inc. in its $8.1 million acquisition involving 100 percent of the capital stock of Infusion Solutions, Inc.. The acquisition was funded by a draw on Critical Homecare Solutions' revolving credit facility with Jefferies Finance, LLC.

  • Represented Firehouse Ventures, LLC in a JP Morgan Chase credit facility.

  • Represented Firehouse Ventures, LLC in an investment from Lakeview Equity Partners I, L.P.

  • Assisted a major health foundation in engaging Congress and federal stakeholders for over five years. Judy helped move the foundation’s issues to the forefront of health policy and successfully lobbied members to hold a hearing featuring testimony from the foundation. She subsequently worked with the Office of the Surgeon General, lawmakers and HHS officials which led to the first ever Surgeon General’s report on Osteoporosis and Bone Health.

  • Represented employees in evidentiary hearing to obtain a restraining order against patron.

  • Represented Naples Nephrology in its joint venture with US Renal Care.

Meet The Team

Michael W. King Shareholder T 303.223.1130 mking@bhfs.com
Sharon E. Caulfield Shareholder T (303) 223-1110 scaulfield@bhfs.com
Emily K. Weber Shareholder T 303.223.1188 eweber@bhfs.com
Ian V. O'Neill Shareholder T 303.223.1210 ioneill@bhfs.com
Eric R. Burris Shareholder T 505.724.9563 eburris@bhfs.com
Cara L. Crowley-Weber, Ph.D. Shareholder T 303.223.1145 ccrowley-weber@bhfs.com
Adam J. Agron Shareholder T 303.223.1134 aagron@bhfs.com
Andrew S. Brignone Shareholder T 702.464.7006 abrignone@bhfs.com
Alexander R. Dahl Shareholder T 202.747.0508 adahl@bhfs.com
Andrew C. Elliott Shareholder T 303.223.1154 aelliott@bhfs.com
Erin M. Eiselein Shareholder T 303.223.1251 eeiselein@bhfs.com
Christopher M. Humes Associate T 702.464.7094 chumes@bhfs.com
Justin M. Hahn Associate T 303.223.1277 jhahn@bhfs.com
Peter M. Goodloe Of Counsel T 202.747.0506 pgoodloe@bhfs.com
Alfred E. Mottur Shareholder T 202.872.5284 amottur@bhfs.com
Anna-Liisa Mullis Associate T 303.223.1165 amullis@bhfs.com
Bryce C. Loveland Shareholder T 702.464.7024 bcloveland@bhfs.com
Gino A. Maurelli Shareholder T 303.223.1115 gmaurelli@bhfs.com
R. James Nicholson Senior Counsel T 202.652.2344 jnicholson@bhfs.com
J. Tenley Oldak Shareholder T 303.223.1159 toldak@bhfs.com
Adam P. Segal Shareholder T 702.464.7001 asegal@bhfs.com
Christopher D. Reiss Shareholder T 303.223.1144 creiss@bhfs.com
Evan M. Rothstein Shareholder T 303.223.1116 erothstein@bhfs.com
Ishra K. Solieman Staff Attorney T 303.260.1880 isolieman@bhfs.com
Jonathan C. Sandler Shareholder T 310.564.8672 jsandler@bhfs.com
Paul J. Prendergast, Ph.D. Shareholder T 303.223.1194 pprendergast@bhfs.com
Ana Lazo Tenzer Shareholder T 303.223.1156 altenzer@bhfs.com
Margaux Trammell Shareholder T 303.223.1192 mtrammell@bhfs.com
Martine Tariot Wells Associate T 303.223.1213 mwells@bhfs.com
Rita S. Wu, Ph.D. Shareholder T 303.223.1250 rwu@bhfs.com
Cate McCanless Policy Director T 202.747.0505 cmccanless@bhfs.com
Elizabeth A. Maier Policy Director T 202.872.5299 emaier@bhfs.com
Judy A. Black Policy Director T 202.872.5285 jblack@bhfs.com
Michael B. Levy Policy Director T 202.872.5281 mlevy@bhfs.com