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Employment Agreements
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Independent Contractor Agreements
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Joint Ventures
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Real Estate Leases & Sales
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Corporate Transactional Agreements
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Leasing and Purchasing Equipment and Office Space
Individuals and entities in the health care industry often require agreements to memorialize certain relationships.
Common types of agreements include: employment agreements, independent contractor agreements, health care entity sale and acquisition agreements, equipment and space leases, equipment and real estate purchase agreements, joint venture agreements, management agreements, supply purchase agreements, and professional service agreements. Benkoff Health Law is highly experienced in drafting and negotiating a broad range of agreements for health care providers and entities, from simple to complex documents and everything in between.
In addition to drafting agreements that capture the essence and details of our clients’ relationships, we assist in negotiating those documents and finalizing their terms. We also regularly draft and revise corporate and organizational documents, such as corporate bylaws and company operating agreements, buy-sell agreements, and similar documents. We also regularly work with attorneys who specialize in tax, securities, merger and acquisition and corporate law to provide them with health care industry legal expertise and document drafting assistance.
At Benkoff Health Law it is our goal to guide clients through the process of drafting and negotiating an agreement to completion, while advising clients as to pros and cons of the terms of the agreements so that they understand the nuances of the agreements that they are entering into.
Employment Agreements
We regularly draft and negotiate employment agreements for individuals and entities in the health care industry. We represent both small and large employers – from small entities and physician practices to large health systems. In addition, we represent all types of employees including physicians, nurse practitioners, physician assistants, and other health care providers.
Depending on the arrangement’s fact pattern, employment contracts may be required to comply with federal and state fraud and abuse laws, such as the federal Stark law, federal Anti-Kickback Statute and similar state laws. In addition, states sometimes impose additional regulatory requirements on certain types of providers. For example, states often impose specific collaboration and delegation requirements upon physicians, nurse practitioners and physician assistants. Benkoff Health Law has a great deal of experience in drafting and negotiating employment agreements so that they comply with applicable health care regulations. We also make efforts to ensure that our clients understand the terms that they are signing, including the benefits and risks associated with key contractual terms.
Independent Contractor Agreements
Independent contractor agreements include a wide variety of service agreements between two or more parties to a contract that do not have an employer-employee relationship. For example, these types of agreements include professional service agreements, joint venture agreements, and management service agreements. These agreements may be between individuals or entities. We represent all types of parties to independent contractor agreements in the health care industry.
Depending on the arrangement’s fact pattern, independent contractor agreements may be required to comply with federal and state fraud and abuse laws, such as the federal Stark law, federal Anti-Kickback Statute and similar state laws. In addition, states sometimes impose additional regulatory requirements on certain types of health care providers and facilities that affect the terms of an independent contractor agreement. Benkoff Health Law is experienced in drafting and negotiating independent contractor agreements so that they comply with applicable health care regulations. We tailor these agreements to the specific arrangement at issue and counsel our clients so that they understand the terms of the agreements they are entering into.
Corporate Transactional Agreements
Entities in the health care industry often have corporate transactional needs. For example, health care entities require governing documents such as corporate bylaws and company operating agreements. Health care industry clients also require agreements to memorialize agreed-upon terms associated with mergers, acquisitions and sales of health care entities.
Corporate structuring, mergers, sales, and acquisitions may implicate a myriad of health care regulatory issues. For example, federal and state fraud and abuse laws, such as the federal Stark law, federal Anti-Kickback Statute and similar state laws may affect how these arrangements are structured. Accordingly, the terms of the agreements that memorialize corporate transactions must comply with applicable health care regulations.
Benkoff Health Law is highly experienced in drafting and negotiating corporate transactional agreements. We also regularly work with attorneys who specialize in tax, securities, merger and acquisition and corporate law to provide them with health care industry legal expertise in drafting these types of agreements for our clients.
Leasing and Purchasing Equipment and Office Space
Equipment and office space are key components to many types of health care businesses. Whether you are leasing or purchasing health care equipment or office space, Benkoff Health Law can assist you in drafting and negotiating the terms of your lease or purchase agreement.
Depending on the lease or purchase arrangement’s fact pattern, these agreements may be required to comply with federal and state fraud and abuse laws, such as the federal Stark law, federal Anti-Kickback Statute and similar state laws. In addition, depending on the type of equipment or facility at issue, states may impose certificate of need requirements upon health care entities and these requirements affect the arrangement and the terms of the agreement that memorializes the arrangement.
We are highly experienced in analyzing equipment and space leasing and purchasing arrangements for health care regulatory compliance, and drafting and negotiating legally-compliant agreements pertaining to these types of arrangements.
Contact Us
If you have any questions regarding Health Care Transactions and Agreements, please contact Reesa Benkoff at (248) 482-2780 or through our website.