Practice Ownership and Transactions

Guiding healthcare practice owners through compliant and successful business transitions.

Starting your own medical practice offers many benefits, but it also comes with great responsibility. Your practice must adhere to a complex regulatory framework of ownership rules, legal structures, buy-in options, and profit allocation. Working with an experienced and knowledgeable attorney is an important step in ensuring your business’s compliance while empowering you to drive your practice’s success.
Empower Healthcare & Legal Solutions provides legal guidance to healthcare practice owners throughout their businesses’ lifespan. Whether you are launching a new practice, merging with or acquiring another practice, or adding partners, I can help you navigate the legal landscape to promote compliance and success.

The Importance of Compliant Practice Ownership

Your medical practice operates under the significant weight of legal guidelines and regulatory concerns. Small errors in how you structure and manage your practice can lead to severe legal penalties, hefty fines, and even imprisonment. Empower Healthcare & Legal Solutions champions you to safeguard your practice, promote financial stability, and uphold patient care. 

Medical practice owners must adhere to laws like the Corporate Practice of Medicine doctrine, the Stark Law, the Anti-Kickback Statute (AKS), and many more. Non-compliant ownership puts you at risk of legal liability, exclusion from federal healthcare programs, reputational damage, and lack of patient trust. 

Partnering with an experienced healthcare attorney is an important aspect of due diligence for practice owners. Let me minimize your legal risk by providing trusted guidance and support through a range of ownership and governance matters. Whether you are drafting shareholder/operating agreements or navigating the legal framework for a new practice formation or M&A, my 30+ years of legal experience and deep knowledge of regulatory guidelines will illuminate your path.

My Legal Services for Practice Ownership

I help healthcare practice owners gain confidence and peace of mind through formations and transactions. These are the key areas in which I provide legal guidance and counsel. If you need assistance with other aspects of running a compliant healthcare practice, reach out to me via my contact form to discuss your needs. 

Practice Formation 

Starting a new healthcare practice from the ground up requires strict adherence to state-specific corporate practice of medicine laws and other regulatory frameworks. Tasks involve:

  • Choosing the proper business entity (PC, LLC, LLP, etc.) and understanding how your choice affects your personal liability for practice debts and other obligations
  • Drafting an operating agreement that establishes the internal rules of your organization
  • Obtaining the necessary licenses and fulfilling state-specific requirements 
  • Understanding all applicable laws and regulations, including employment laws, advertising restrictions, and more

Retaining legal counsel throughout this process helps protect you against expensive mistakes that could cost you your practice and your reputation as a medical professional. 

Empower Healthcare & Legal Solutions provides trusted assistance with legal and business structuring, drafting and negotiating essential contracts, navigating regulatory compliance, and more. I can provide guidance through a range of legal considerations, such as choosing the correct entity and drafting agreements for partners, employees, and vendors. 

My deep understanding of healthcare laws and practice owner due diligence makes me a reliable partner for effective and compliant practice formation.  

Shareholder/Operating Agreements

Shareholder/operating agreements are legally binding contracts that govern your practice’s governance, internal operations and relationships between owners. A comprehensive, well-drafted shareholder or operating agreement includes several major components:

  • Ownership and buy-sell provisions that outline the conditions under which ownership can be transferred
  • Management and governance framework, including the powers and responsibilities of each owner and manager
  • The allocation of profits and losses
  • The process for resolving disputes that arise between owners
  • The process and conditions for adding new owners to the practice

Without a formal shareholder/operating agreement, the state will default to the broad state-mandated rules for certain scenarios in healthcare practice ownership, which may not protect your interests. I can help you draft an agreement that safeguards your business interests, protects you against conflicts, and creates a clear, compliant framework for handling challenges. 

Practice Mergers and Acquisitions

More and more healthcare practices are navigating mergers and acquisitions with other practices or larger healthcare groups. I can help your practice approach each step of the M&A process to anticipate potential challenges and ensure compliance. I provide tailored guidance based on the unique goals and circumstances of the transition. 

Allow me to assist you in:

  • Navigating the complex regulatory landscape throughout the M&A process
  • Conducting due diligence on the target practice
  • Structuring the deal and negotiating the terms
  • Drafting and reviewing all necessary legal documents, such as asset or equity purchase agreements, operating agreements, and partnership agreements
  • Mitigating your legal and financial risks

I also have experience helping practice owners sell their businesses compliantly.

Why Work With Empower Healthcare & Legal Solutions?

Seeking legal assistance through practice ownership and governance decisions is important, but working with an attorney who is experienced with and knowledgeable about your specific legal process is key. I have over 30 years of experience practicing law, including time at prominent law firms and as in-house counsel for a hospital system and a multi-state medical practice. My healthcare litigation experience and distinctive knowledge of corporate and compliance matters set me apart from most corporate and regulatory healthcare attorneys. 

My legal services are intentionally affordable so as to be accessible to solo practitioners and small practices. I charge a fraction of the fees of larger law firms while providing the same caliber of legal knowledge and acumen. I am also able to provide boutique-level services and individualized attention to clients that is not feasible at larger firms. 

With Empower Healthcare & Legal Solutions, you benefit from the same level of healthcare legal mastery that major hospitals and large firms rely on, delivered personally, efficiently, and at an accessible price point.

Request a Consultation Today

Successful practice ownership and governance require much more than medical skills and a passion for healthcare. Allow me to fill in the gaps of your legal knowledge to promote effective practice formation, shareholder agreements, corporate governance, and M&As. 

Reach out today via my contact form to request a no-obligation consultation.

Frequently Asked Questions