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Healthcare

Our Healthcare attorneys, both litigation and transactional, stay abreast of the industry’s landscape in order to counsel our clients in constructive and creative ways that will maximize their opportunities while maintaining  compliance with all legal requirements. In addition, we also offer a team of top-of-the-line intellectual property, patent and copyright attorneys.

SKO brings a wealth of experience litigating for healthcare clients across the region. While defending complex medical and health-related cases through discovery and trial for hospitals, long term care facilities, doctors and other health care providers is our practice focus; our members also manage pre-suit claims; engage in mediation and arbitration; and guide clients in the ever-changing landscape of health law. We also teach classes and seminars for clients, other lawyers, doctors, nurses, and students in law, medicine and nursing regarding a variety of topics. We are active in our community and with our families, as well.

The SKO healthcare attorneys have diverse backgrounds. Our litigators focus on defense of complex medical liability cases. Two attorneys are also nurses and one has a history in providing clinical mental healthcare. We are driven and dedicated to defending our clients to obtain the best possible outcome; whether that is determined to be by pre-suit resolution, settlement during discovery, trial, or appeal. Our experience and breadth of knowledge in this area of legal representation are comparable or exceed that of any firm in the state.

We work closely with clients to determine the best resolution to every case, claim or question – even those that arise outside normal working hours, as we appreciate that many of our clients function around the clock.

We understand that the healthcare industry is an ever-changing environment. In today’s world, the healthcare industry faces increased scrutiny from governmental agencies and is held to the strictest compliance standards in a business that is continuously evolving and developing.

The firm’s healthcare experience includes representation in civil, criminal and administrative manners, for both nonprofit and for-profit organizations, physicians, physician groups, nursing homes, assisted living facilities, hospitals and billing and service providers. We have years of experience representing clients in:

  • Antitrust                            
  • Breach of contract
  • Certificate of Need
  • Clinical Research
  • Contract negotiations
  • False Claims Act
  • Fraud
  • Health Benefit Claims
  • Independent Contractor Agreements
  • Insurance coverage
  • Insurance defense
  • Intellectual property
  • Life Sciences
  • Medical Negligence
  • Professional Liability & Malpractice
  • Credentialing & Peer Review Actions
  • Medical devices              
  • Medicare and Medicaid audits            
  • Mergers &Acquisitions
  • Negligence             
  • Physician Employment Agreements   
  • Physician-owned devices                      
  • Product liability         
  • Provider Agreements                                                       
  • Qui Tam         
  • Reimbursement disputes
  • RICO

Further, we advise clients on how to comply with the laws and other requirements that affect providers, including those regarding reimbursement, refund obligations, licensure, referrals, fraud and abuse, quality of care, facility requirements and CON.

We guide and assist in the formation of entities and effecting acquisitions, divestitures, mergers, joint ventures, financing and other transactions.

We also work side-by-side with providers, academic medical centers and faculty practice plans on antitrust, tax, tax-exempt status, real estate, immigration, employment and labor law issues.

Work Highlights

Hospital Negligence Defense Opinion in Medical Review Panel

Obtained one of the few no liability opinion from the Kentucky Medical Review Panel on plaintiff’s negligence claims against our hospital client. (October 2018).

In re Adair County Hospital District

Case No. 13-10939, United States Bankruptcy Court for the Western District of Kentucky – Adam Back worked with George Smith and Emily Pagorski in the representation of the largest secured creditor in one of the first Chapter 9 cases filed in Kentucky.

In re Red River Healthcare, LLC et al.

Lead Case No. 15-51438, United States Bankruptcy Court for the Eastern District of Kentucky – Adam was appointed to serve as the Chapter 11 Trustee for a group of rural healthcare providers facing significant federal, state, and local tax liabilities along with Medicaid reimbursement issues. He successfully oversaw the operation of the clinics while negotiating with key creditors and stakeholders.  Ultimately, he proposed plans of reorganization for each of the five debtors that were approved by the Court.

Tax Planning

Represented two major ophthalmology practices in the sale of their Kentucky and Indiana-based practices and associated ambulatory surgery centers to another business based in Missouri. The first $33 million transaction was structured as an asset purchase and the Second $30 million transition was structured as a stock purchase.

Related Practices: Business Services, Tax, Healthcare

Sale of Kentucky and Indiana-based Ophthalmology Practices

Represented two major ophthalmology practices in the sale of their Kentucky and Indiana-based practices and associated ambulatory surgery centers to another business based in Missouri. The first $33 million transaction was structured as an asset purchase and the second $30 million transition was structured as a stock purchase.

Commercial & Industrial Lending

Currently represent bank in the documentation and negotiation of multiple credit facilities totaling more than $18 million to a dental holding company and its 150 related entities used by the borrowing group for general working capital purposes and acquisition needs.

Defense of Alleged Breach of Fiduciary Duty in an LLC

SKO defended the majority member of a medical billing company from multiple claims of usurping corporate opportunities and breach of fiduciary duty.  Counterclaims were filed against the plaintiffs alleging breach of fiduciary. The case was quickly settled on favorable terms to SKO's client, resulting in the majority member being the sole owner of the company.

Reorganization, Refinancing and Acquisition of Major Healthcare Entity

Stoll Keenon Ogden represented a major healthcare services entity, its affiliated upstream and sister companies, its owners and its founding management team in comprehensive reorganization, refinancing and acquisition transactions totaling more than $300 million. The matters resulted in the closing of a senior secured term loan and  revolving credit facilities secured by owned senior care facilities in four states with a 9-member syndicate of commercial banks; the requisition of waivers, consents and estoppels from various property lessors on leased senior care facilities in four states; restructuring of upstream holding companies and combination of two upstream ownership groups and boards of managers; the creation of a management company; the introduction of healthcare facility management agreements; the migration of payroll and benefits for more than 7,000 employees; the related restructuring of multiple lease and debt financing and supplier relationships;  the creation and reorganization of multiple SPE organizations accompanied by extensive non-consolidation analysis and issuance of a substantive non-consolidation opinion to the lending syndicate; the exercise of purchase option and acquisition of multiple senior care facilities; the contribution of additional equity capital from the client’s majority owners; and the amendment and restructuring of multiple Master Lease and inter-creditor agreements.

Medical Malpractice: Alleged Surgical Negligence

Obtained unanimous defense verdict on behalf of OBGYN in medical malpractice action. Plaintiff claimed that the physician negligently lacerated her bladder while performing a hysterectomy.

Work Highlights

Academy of Hospital Industry Attorneys

American Health Lawyers Association

Health Enterprises Network

Kentucky Association of Health Care Facilities

Kentucky Hospital Association