Experience
Ambulatory Surgery Center Transactions
Eric routinely handles ambulatory surgery center transactions. Whether representing the ASC, a health system, or physician investors, Eric has wide-ranging experience in this area. Representative transactions include numerous surgery center startups of both physician-owned and physician-hospital joint ventures; representing a multi-specialty hospital-physician joint venture surgery center in re-syndication of ownership interests; representing multi-specialty physician-owned and physician-hospital joint venture surgery centers in the sale of assets to hospital purchasers; and representing hospitals in the acquisition of physician-owned and physician-hospital joint venture surgery centers.
Represents Health Systems Acquiring Practices
Eric routinely represents health systems in acquisitions of physician practices. These include acquisitions of various surgical and non-surgical specialties for health system clients. In these transactions, he represents the hospital and health system clients through various aspects of the transactions, which include due diligence, drafting and negotiation of letters of intent, term sheets and definitive purchase agreements, provider/physician employment agreements, and any real estate aspects of the transaction.
Represent Physicians and Practices in Practice Sales
Eric routinely represents physicians and practices in the sale of physician practices and related interests. These include individual physicians and various surgical and non-surgical specialty groups in sales to health systems and other purchasers. In these transactions, he represents the physician practice clients through various aspects of the transactions which include due diligence, drafting, and negotiation of letters of intent, term sheets, and definitive purchase agreements, provider/physician employment agreement negotiations, and any real estate aspects of the transaction.
Acquisition of Ambulatory Surgery Center by Regional Health System
Dinsmore represented a regional health system acquiring a Medicare-certified multi-specialty ambulatory surgery center. The transaction included drafting and negotiating the Membership Interest Purchase Agreement, non-competition agreements, and related real estate purchase agreements.
Specific Sale of Majority Equity Position
When Hometown Urgent Care had an opportunity to sell a majority equity position to Ridgemont Capital, a top private equity firm, it turned to Dinsmore to advise on the transaction. We worked with the Ridgemont’s counsel to structure the transaction and negotiate the terms. Hometown and Ridgemont completed the sale in late May 2012. Hometown is one of the Midwest’s largest walk-in urgent care groups, with 25 locations spread across Ohio, Michigan and Kentucky at the time of the sale.
State Grand Jury Investigation
We represented a physician who had been designated as a “target” of a state grand jury investigation focusing on alleged healthcare fraud and false statements violations. After completion of an internal investigation and meetings with and presentations to the local prosecuting attorney, the investigation against our client was closed with no criminal charges filed and all civil and administrative matters resolved favorably to the client.
Federal Grand Jury Investigation
We represented a physician who had been designated as a “target” of a federal grand jury investigation focusing on alleged anti-kickback violations. After completion of an internal investigation and meetings with and presentations to United States Department of Justice and United States Department of Health and Human Services officials, the investigation against our client was closed with no criminal charges filed.
Negotiation of Settlement in Misbranding Law Matter
We represented a physician who had been designated as a “target” of a federal grand jury investigation focusing on FDA allegations of misbranding. The client along with other oncologists potentially faced numerous felony charges. We successfully defended the physician, resulting in a plea agreement to a single misdemeanor, favorable resolution of all civil matters including false claims act violations and no debarment of physician.