Health Care

Health Care - Business Transactions & Finance

Bond Financing & Tax Incremental Financing

Like any businesses looking to grow, health care facilities of various types require, at times, assistance with commercial real estate and public debt financing.

Over the past 30 years, our firm has represented every major commercial bank in Kentucky and Tennessee, many Georgia-based and regional banks, and a number of insurance companies. Our attorneys have handled financing transactions ranging from small-ticket lease programs and small business loans to sophisticated, complex structured-financing transactions like syndicated credit facilities, synthetic lease transactions, securitizations, tax-exempt bond financing, tax increment financing, tax credit financing and other creative financing arrangements.

Our experience also includes:

  • Leveraged equipment financing
  • Vendor financing programs
  • Project financing
  • Conduit lending
  • Mortgage warehouse lending
  • Leveraged acquisition lending
  • Leveraged employee stock ownership plan loans
  • A variety of asset-based loan transactions with collateral ranging from traditional accounts receivable and inventory to more specialized property like hospital and nursing home assets, health care complexes, and medical centers.

Mergers, Acquisitions, Joint Ventures and other Affiliations

We provide a full range of merger and acquisition (M&A) services to our health care clients. Whether a health care business is acquiring, or being acquired by, another business, our attorneys help determine the most beneficial structure for the M&A transaction from a corporate, financing, tax, liability, antitrust, regulatory and (in the case of a closely held business) estate planning perspective.

Our experience in negotiating and documenting M&A transactions is extensive. In addition, the broad range of experience within our firm allows us to assist and expedite virtually any regulatory aspects of the M&A transaction itself or the businesses involved – including, for example, obtaining the necessary health care licenses, permits and registrations.

Tax

The attorneys of Stites & Harbison assist both for-profit and not-for-profit health care clients with tax planning and litigation on the federal, state and local levels. Our tax practitioners include a former United States Tax Court law clerk and a former attorney for the Internal Revenue Service's Office of Chief Counsel (Tax Court).

Other services include:

  • Helping clients structure corporate reorganizations, redemption transactions, spinoffs, splitoffs, liquidations, and tax free exchanges. We also represent clients before the Internal Revenue Service Appeals Office, the United States Tax Court, the U.S. District Courts, and federal appellate courts on federal income tax matters.
  • Representing a number of large multistate, multinational corporations in complex State and Local Tax ("SALT") matters, and successfully representing many other businesses and individuals as well.
  • Appearing before the Kentucky Department of Revenue, Board of Tax Appeals, and all levels of the courts regarding state income and license taxes, sales and use taxes, and property taxes.
  • Serving, through our SALT attorneys, as the "go-to" people for SALT controversies in Kentucky.
  • Several members of our tax practice group have Master-of-Law degrees in taxation. The firm is the Kentucky member of the American Property Tax Counsel ("APTC"), a national affiliation of law firms with a property tax practice. Membership in APTC is limited to the preeminent property tax law firm in each state.
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Client Alerts

Taking Stock of Your 2019 Cybersecurity Resolutions

Did you decide that 2019 will be the year you tackle those cybersecurity threats to your organization that keep you up at night? It’s February, and a good time to take stock of whether your organization is following through on its cybersecurity goals. Some estimate that 80% of resolutions fail by the second week of February.

by Jennifer Henry Jackson and Sarah Cronan Spurlock February 08, 2019
Press Releases

Kentucky Super Lawyers Honors 42 Stites & Harbison Attorneys for 2019

LOUISVILLE, Ky.—The 2019 edition of Kentucky Super Lawyers recently honored 42 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 33 attorneys to the Super Lawyers list and nine attorneys to the Rising Stars list.

by Stites & Harbison, PLLC December 07, 2018
Press Releases

Stites & Harbison Ranks 5th in the ABA Health Law Section's Regional Top 10 List for 2018

LOUISVILLE, Ky.—The American Bar Association (ABA) Health Law Section has ranked Stites & Harbison, PLLC as 5th in its annual “Regional Law Firm Recognition Top 10 list” for the South region for 2018. This year...
by Stites & Harbison, PLLC October 25, 2018
Events

2018 Kentucky Health Law Institute

Date: 9/13/18 - 9/14/18

Griffin Gate Marriott Resort, 1800 Newtown Pike, Lexington, KY40511

Presented by UK Law Continuing Legal Education in partnership with the Kentucky Bar Association Health Law Section and Kentucky Academy of Hospital Attorneys

K. Kelly White Bryant, Ozair M. Shariff, and Sarah Cronan Spurlock July 30, 2018
Articles

Telehealth reform: Coverage expansion, reimbursement criteria will improve access to care

Technology advancements have had a significant impact on the way healthcare is delivered, particularly to patients in rural areas and to those with restricted access to medical care.

by Ozair M. Shariff and Sarah Cronan Spurlock June 29, 2018
Events

Issues & Influencers: How State Tax Reform Impacts Business

Date: 6/19/18

Greater Louisville, Inc., 614 West Main Street, Suite 6000 (Boardroom), Louisville, KY 40202

Join GLI for an in-depth discussion of how recent changes to Kentucky’s tax code will impact business and economic growth in Greater Louisville.

Brian A. Cromer June 19, 2018
Articles

Hospitals get a regulatory and statutory exemption on ownership and licensure of physician practices

Certificate of Need (CON) has been both a blessing and a burden for hospitals as they have adapted to some of the biggest changes in the healthcare market. While CON laws can assist a hospital...
by Janet A. Craig June 01, 2018