KMK’s Healthcare Team serves the legal needs of healthcare providers and clients in related industries through a coordinated approach that allows us to deliver a full spectrum of legal services. This multi-disciplinary approach — calling on experienced attorneys representing all of our Practice Groups — enables us to serve many of our healthcare clients in a general counsel capacity, as well as to address specific legal issues and deliver customized solutions.

KMK’s experience in the healthcare industry dates back many decades. In the early to mid-1970s, KMK helped to establish one of the region’s first and largest HMOs. We have represented that client over the past 40 years, handling its general corporate matters, and we continue to represent the HMO regarding transition issues related to employee benefit plan matters after the client was acquired by a health system.

KMK’s cross-functional Healthcare Team serves healthcare providers and clients in related fields:

    • Senior Care Facilities
    • Rehabilitative Care Facilities
    • Hospitals
    • Physicians and Physician-owned Practices
    • HMOs
    • Home Healthcare Providers
    • Hospital Information Technology Providers
    • Clinical Testing Companies
    • Pharmaceutical Development Companies
    • Medical Software Providers

KMK’s Healthcare Team attorneys are cognizant of the unique legal issues facing clients in the healthcare and related industries. We have assisted clients with a full spectrum of legal matters including the following:

1.  General Corporate Representation

    • Corporate Governance
    • General Counsel function
    • Negotiate physician-employment agreements for doctors and dentists
    • Buy / sell agreements
    • Entity structuring
    • Incentive Compensation Arrangement
    • HIPAA and HITECH review
    • Issues related to patient terminations
    • Issues related to status as physician-owned professional corporation
    • Sale of Certificates of Need (CONs)
    • Sale of physician-owned medical equipment/device patents
    • Contract Review and Negotiations     
      • Contractual litigation
      • Medical records systems / Information Technology contracts
      • Insurance contracts
      • Provider agreements 
      • Contract Review (including terms of sale for devices and terms of various clinical study agreements)
      • Negotiate pharmaceutical license agreements

2.  Commercial Finance and Transactions

    • Securities / Securities regulations matters
    • Corporate Governance
    • Mergers & Acquisitions (domestic and international)
    • Sale of physician practices and surgery centers
    • Private Equity Investment
    • International Acquisitions

3.  Real Estate

    • HUD-sponsored financing of retirement and assisted living communities
    • Bond and financing matters
    • Real estate tax appeal and exemption matters for retirement and assisted living communities
    • Real estate development / construction matters for retirement and assisted living communities
    • Transactional work in the area of environmental due diligence and documentation work related to acquisitions with healthcare-related companies
    • Loan transactions

4.  Commercial Litigation

5.  Employee Benefits and Executive Compensation Plans

6.  Labor and Employment Matters

7.  Tax Matters

    • General entity and individual tax planning
    • Tax exempt organizations - formation and operational issues
    • Medical Device Excise Tax
    • Real Estate Tax Assessments

8.  Intellectual Property

    • Trademark filings
    • Trademark rights litigation
    • Copyrights

9.  Succession Planning

10.  Regulatory Work

Firm's Community Involvement with Healthcare Providers and Related Organizations
KMK’s commitment to healthcare providers and healthcare organizations is not limited to our professional representation of clients. Many KMK attorneys are dedicated to aiding and promoting organizations that serve the healthcare needs in our region, by volunteering their time as Board members, offering pro bono legal work to charitable organizations, and even volunteering as a LifeLine pilot to fly aircraft to transport individuals in need of emergency care.   

Alzheimer's Association Greater Cincinnati Chapter — Dave Custer, the firm's Executive Director, serves on the Board of Directors and the Development Committee (since 2009).

Arthritis Foundation, Cincinnati, OH — Rick Siegel serves as Volunteer Counsel.

Cardinal Hill Specialty Hospital, Fort Thomas, KY — Linda Schaffer serves on the Board of Trustees (since 2004).

Drake Center, Inc. (Drake Hospital) — Bob Coletti serves as Trustee (since 2007) and Vice President (since 2009).

Fernside, Inc., a center for grieving children, Cincinnati, OH — Dan Izenson has served as President and Board Member.

Good Samaritan Foundation, Cincinnati, OH — Lou Gilligan has served on the Board of Trustees.

Hospice of Cincinnati, Inc., OH — Dan Izenson has served as a Board Member.

Juvenile Diabetes Foundation, Cincinnati Chapter — Neal Gardner has served as an Advisory Board Member. Jim Jansing served on the Research Foundation Walk.

Leukemia & Lymphoma Society, Cincinnati, OH — Geoff Leder was named the Man of the Year in the 2010 Campaign. Jim Jansing served on the Team in Training.

LifeLine Pilots, Cincinnati, OH — Rich Creighton serves as a volunteer pilot. 

March of Dimes Birth Defects Foundation, Cincinnati, OH — Bill Keating, Jr. served on the Board of Trustees (1996-1999).

Mayfield Education and Research Foundation, Cincinnati, OH — Non-profit foundation designed to support the neurosciences in the Greater Cincinnati and Northern Kentucky community through the research and academic missions of the Mayfield Clinic, Good Samaritan Hospital, The Christ Hospital, and the UC Department of Neurosurgery. Jim McGraw serves as a Board Member.

Mercy Health Partners Foundation, Inc., Cincinnati, OH - Jim McGraw served as Trustee, Chair, and on the Nominating Governance Committee (2003-2009).

Ohio Valley Chapter of the Multiple Sclerosis Society — Jim McGraw served as a Board member for 10 years.

Stepping Stones Center, Cincinnati, OH — A non-profit United Way Partner agency that serves close to 1,000 adults and children with disabilities annually. Bob Coletti served as a Trustee (1988-2000).

Representative Clients

AtriCure, Inc., West Chester, OH - A leading company developing, manufacturing and selling innovative surgical ablation systems designed to create precise lesions, or scars, in tissue.

Blue Ash Therapeutics, LLC, Cincinnati OH —Formed by former Procter & Gamble managers with experience and knowledge of azimilide to bring this promising cardiovascular drug to market.

Cincinnati Eye Institute, Cincinnati, OH — Large, multi-office, multi-specialty ophthalmology practice and ambulatory surgery center.

Covenant Dove, LLC, Memphis, TN — Senior care and special care residential facilities; KMK attorneys won $1.3 million judgment plus attorneys' fees for client in 2009 litigation case

Diversified Ophthalmic, Cincinnati, OH — Wholesale distributor and manufacturer of ophthalmic goods, supplying independent eye care practices in all 50 states.

Hemagen Diagnostics, Inc., Columbia, MD — A biotechnology company that develops, manufactures, and markets more than 150 FDA-cleared medical diagnostic test kits and components.  

Integra Group, Inc., Cincinnati, OH — Serves to enhance the managed care capabilities of healthcare payors and providers through several product offerings including a credentialed national ancillary PPO, a web-enabled managed care software, and managed administration/outsourcing services.

Kendle International Inc., Cincinnati, OH — A global clinical research organization offering a full range of early-to late-state clinical development services for the world’s biopharmaceutical industry.

Meridian Bioscience, Inc., Cincinnati, OH — A fully-integrated life science company that manufactures, markets, and distributes a broad range of diagnostic test kits, purified reagents, and biopharmaceutical-enabling technologies.

Pro2 Respiratory Services, Cincinnati, OH — A regional home medical equipment company specializing in the care of pulmonary patients.

Pro Scope Systems, Cincinnati, OH - A distributor of refurbished endoscopes, endoscope peripherals and accessories.

The Thesing Companies, Cincinnati, OH — A real estate development company that owns and operates senior care facilities and a home health care company in Greater Cincinnati.

Ultimate Rehab, LTD, Cincinnati, OH — A Physical Therapist owned company providing interdisciplinary rehabilitative services including physical, occupational, and speech therapy.


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