Business Transactions

Antitrust Matters
Antitrust law, also known as “competition law,” focuses on the laws and regulations that encourage fair and open competition to the advantage of consumers. Antitrust laws are designed to protect free trade and commerce from unfair restraints like monopolies and price fixing. In the healthcare industry, the purpose of Anti-trust law is to provide medical patients with more options, more competition, and better healthcare quality. A healthcare Law firm will be able to provide the services to help you navigate Antitrust matters.

Durojaiye Law Firm helps our clients with Anti-Trust matters by identifying future difficulties and averting big issues before they even develop. Our attorney provides guidance on structuring distribution arrangements, pricing tactics, and the pursuit of prospective company mergers or strategic connections. In the event problems do emerge, Durojaiye Law can also assist clients with evaluating their options and formulating a plan to reduce their risks.

Selling a Medical Practice
In general, the process of selling a business is not always straightforward. Moreover, selling a healthcare related business is notably more complex considering stricter laws and regulations to adhere to. In addition, Medical records, employment agreements, lease agreements, and various service and vendor agreements require legal oversight prior to the close of the transaction.

A skilled healthcare attorney with substantial experience managing medical practice sales and purchases is crucial in ensuring the transaction garners maximum value, current patients are properly protected and there is compliance with applicable laws and regulations.
Durojaiye Law Firm’s attorney has combined experience in business and health law, helping to make these transactions successful for our clients. We can provide assistance with activities including but not limited to:

• Due diligence
• Draft, review, and negotiation of purchase agreements
• Compliance with state and federal laws governing healthcare
• Employee and personnel relations
• Patient records management
• Contracts with third parties
• All other legal documents relating to the sale

Durojaiye Law Firm will work with our clients and their team to ensure that all legal matters are appropriately addressed prior to the sale of the medical practice.

Acquiring & Integrating a Medical Practice
In addition to assisting physicians and medical administrators that are selling their practice, Durojaiye Law can help clients who have made the strategic decision to purchase a practice.

Our experienced business and healthcare attorney works with clients well in advance to perform necessary due diligence, that allows our clients to make more informed decisions. During the acquisition of a new practice, legal due diligence includes, yet is not limited to, the review of the for sale practice’s:

• Insurance policy
• Malpractice and medical claims history
• Regulatory filings
• Licenses, permits and certifications
• Contract and agreement

Kickbacks and Fee Splitting
Health care providers in Florida are subject to a variety of statutes, especially when it comes to accepting payment for services. Kickbacks and Fee Splitting are two payment methods that are largely restricted in the healthcare industry.
A kickback is a payment made to a healthcare provider in return for referring patients. Kickbacks come in many different forms, some of which are obvious, like direct cash payments for Medicaid referrals. While other kickbacks, like providing free lunches to physicians, are less obvious.
Fee splitting, on the other hand, is the practice by which a doctor refers a patient to another doctor or a healthcare facility in exchange for a percentage of the bill.

The practice of taking kickbacks or splitting fees in the health care industry is prohibited by a number of different regulations. Understanding this law is critical for healthcare practitioners and institutions considering the penalties for violating the law may be severe. The violation of Florida’s anti-kickback laws may lead to heavy fines, criminal charges, and the revocation of one’s license. Depending on the severity of the act, fines may vary from $50,000 to $500,000 or more.

Durojaiye Law Firm helps ensure health care professionals and providers are in compliance with Florida’s anti-kickback laws by ensuring their referral relationships are legal. Durojaiye Law Firm offers compliance checks on current and upcoming agreements, risk assessments to identify possible troubled areas, and counsel in the event a criminal investigation is launched.