Healthcare and Transactional Attorney

Healthcare Transactional Attorney

The Healthcare Transactional Attorney serves as a core legal strategist and corporate counsel, structuring, negotiating, drafting, and closing complex commercial and operational transactions within the healthcare industry.

This role manages M&A, joint ventures, clinical service agreements, real estate leases, asset purchases, and vendor/vendor-technology contracts. The position ensures that all corporate structures and contractual relationships comply with federal and state healthcare regulations—including the Anti-Kickback Statute (AKS), Stark Law, Civil Monetary Penalties (CMP), Corporate Practice of Medicine (CPOM) doctrines, and HIPAA privacy and security mandates.

Key Responsibilities

Transactional & Corporate Governance

• Contract Drafting & Negotiation: Structure, draft, review, and negotiate complex healthcare agreements, including Asset Purchase Agreements (APAs), Physician Employment Agreements, Management Services Agreements (MSAs), Independent Contractor Agreements, and Joint Venture structures.
• Mergers, Acquisitions & Expansions: Lead legal due diligence, agreement drafting, regulatory filings, and closing workflows for facility acquisitions, practice integrations, joint ventures, and new site/mobile clinic deployments.
• Corporate Maintenance: Oversee corporate entity formations, operating agreements, governance documentation, subsidiary management, and licensing applications across operational jurisdictions.

Regulatory Compliance & Regulatory Counsel

• Regulatory Structuring: Ensure all business transactions, physician compensation models, equity structures, and financial arrangements adhere strictly to Stark Law, the Anti-Kickback Statute (AKS), the Eliminating Kickbacks in Recovery Act (EKRA), and state-specific self-referral and fee-splitting rules.
• Commercial & Real Estate Transactions: Draft and review commercial real estate leases, equipment leases, debt financing agreements, loan documents, and vendor service contracts to ensure commercial reasonableness and Fair Market Value (FMV) compliance.
• Grant & Public Funding Compliance: Review federal, state, and regional grant award contracts (e.g., state rural health transformation programs or mobile healthcare grants) to ensure operational compliance with reporting, milestone, and allocation requirements.

Risk Management & Operational Advisory

• Legal Due Diligence: Perform end-to-end legal due diligence for business expansion, assessing licensing, accreditation, billing integrity, and operational liabilities.
• Payer & Vendor Contracting: Review and negotiate managed care contracts, third-party payer agreements, co-packer/manufacturing agreements, and healthcare IT/SaaS agreements (including BAAs).
• Outside Counsel Coordination: Manage relationships with external specialized healthcare regulatory counsel, litigation attorneys, and external auditors to optimize legal expenditures and outcomes.

Qualifications & Requirements

Education & Bar Admission

• Juris Doctor (J.D.): Earned from an ABA-accredited law school.
• Bar Admission: Active, good-standing license to practice law in the operating state (or eligible for In-House Counsel Bar admission).

Experience & Specialized Knowledge

• Experience: 5 years of dedicated transactional experience in a law firm healthcare practice group or an in-house corporate legal department for a healthcare provider, health system, or MSO/DSO.
• Healthcare Regulatory Expertise: Comprehensive knowledge of Stark Law, Anti-Kickback Statute, Civil Monetary Penalties, HIPAA/HITECH, Knox-Keene/state insurance codes, and Corporate Practice of Medicine (CPOM) rules.
• Deal Experience: Proven track record of independently leading healthcare transactions from term sheet execution through closing and post-acquisition integration.

Core Competencies & Skills

• Contractual Precision: Exceptional drafting skills with a balance between mitigating legal risk and advancing corporate business objectives.
• Commercial Acumen: Ability to evaluate Fair Market Value (FMV) reports and structure physician compensation and lease agreements within regulatory safe harbors.
• Cross-Functional Collaboration: Strong interpersonal skills to work effectively with C-suite executives, compliance officers, finance teams, and clinical leadership.

Benefits:

• Employee discount
• Life insurance
• Paid time off

Work Location: In person