Nixon Peabody LLP
Peter Egan represents health care industry clients in mergers and acquisitions and other complex business transactions as well as regulatory and tax analysis. He has considerable experience in capital raising and in advising clients with respect to fraud and abuse laws.
What do you focus on?
Today my practice is evenly divided between for-profit and nonprofit clients.
My work on behalf of for-profit health care companies focuses on structuring transactions to comply with federal and state fraud and abuse laws and regulatory issues such as the corporate practice of medicine. For example, I recently assisted a health care technology client, health system, pharmacy and medical practice in structuring relationships that implicated the federal Anti-Kickback Statute and Stark Law. In addition, I regularly advise management companies and their provider clients on whether proposed services and compensation methodologies are permissible under state law.
I have considerable experience representing hospitals and medical centers on all types of corporate and regulatory matters. In particular, I provide strategic advice on practice acquisitions and physician alignment issues. I draw on considerable experience with faculty practice plans, “captive” practices and compensation pooling arrangements to help clients consider all available options.
Hospitals also turn to my team for advice with respect to compliance counseling. My work in this area includes investigating potential fraud and abuse matters, making disclosures to the United States Attorney’s Office to preempt whistleblower claims and preparing self-disclosures under the Stark Law.
My M&A experience includes whole hospital mergers and affiliations, private equity transactions and the purchase and sale of licensed facilities including nursing homes and ambulatory surgery centers. I also assist clients in non-traditional forms of capital raising. For example, I helped structure a multi-million dollar forgivable loan from a for-profit medical school to a New York City hospital for the purpose of refurbishing the hospital’s medical education building.