Healthcare Partner at Epstein Becker & Green, PC, with focus on: Healthcare M&A, Strategic Hospital Ventures, Stark/AKS Compliance & Government Investigations.
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Articles by Gary Herschman
The vertical integration play: Why senior living operators are building their own home health companies
Gary W. Herschman and Anjana D. Patel (Photo courtesy of Baker Donelson; Treatment by McKnight’s Senior Living) The calculus for senior living operators has shifted. Residents increasingly prefer to age in place, families demand seamless care transitions, and reimbursement pressures are squeezing traditional revenue models.
Concierge Medicine Mergers, Sales & Succession — What's Accelerating the Market - Concierge Medicine Today
Consolidation Transactions with Concierge Medicine Practices and Practical Recommendations for Concierge Practice Physician Owners — There are at least six (6) key drivers of the increasing transactions in the concierge medicine industry. Some deals are the result of all of these factors, but others are driven by only a subset of these factors.
What's Accelerating the Market — Concierge Medicine Mergers, Sales & Succession - Concierge Medicine Today
Consolidation Transactions with Concierge Medicine Practices and Practical Recommendations for Concierge Practice Physician Owners — There are at least six (6) key drivers of the increasing transactions in the concierge medicine industry. Some deals are the result of all of these factors, but others are driven by only a subset of these factors.
What's Accelerating the Market — Concierge Medicine Mergers, Sales & Succession - Concierge Medicine Today
Most physician owners of concierge medicine practices do not have experience going through a practice sale or major partnership transaction — here are some helpful and practical recommendations to consider. By Dana Jacoby and Gary Herschman Over the last several years there has been a growing trend of consolidation and partnership transactions involving concierge medicine practices.
Concierge Medicine Mergers, Sales & Succession — What's Accelerating the Market - Concierge Medicine Today
Most physician owners of concierge medicine practices do not have experience going through a practice sale or major partnership transaction — here are some helpful and practical recommendations to consider. By Dana Jacoby and Gary Herschman Over the last several years there has been a growing trend of consolidation and partnership transactions involving concierge medicine practices.
ūüďąūüŹ• The Concierge Medicine Deal Surge: What‚Äôs Fueling All the Transactions?
Most physician owners of concierge medicine practices do not have experience going through a practice sale or major partnership transaction — here are some helpful and practical recommendations to consider. By ¬†Dana Jacoby and Gary Herschman Over the last several years there has been a growing trend of consolidation and partnership transactions involving concierge medicine practices.
🔍🏥 Op/Ed: Why Practice Sales Spark Physician Anxiety (and What to Do About It)
Consolidation Transactions with Concierge Medicine Practices and Practical Recommendations for Concierge Practice Physician Owners — There are at least six (6) key drivers of the increasing transactions in the concierge medicine industry. Some deals are the result of all of these factors, but others are driven by only a subset of these factors.
ūüďą Why Concierge Medicine Practice Sales Are on the Rise
ūüíľ Consolidation Transactions with Concierge Medicine Practices ‚ÄĒ Practical Recommendations for Physician Owners There are at least six key drivers fueling the rise in concierge medicine transactions. Some deals reflect all six factors, while others are shaped by only a few ‚ÄĒ but together, they‚Äôre redefining what ownership and independence mean in concierge medicine today.
🩺 Buyouts, Transitions & Mergers… 🧩📊 Connecting the Dots in Concierge Practices More Than Ever
Most physician owners of concierge medicine practices do not have experience going through a practice sale or major partnership transaction — here are some helpful and practical recommendations to consider. By  Dana Jacoby and Gary Herschman Over the last several years there has been a growing trend of consolidation and partnership transactions involving concierge medicine practices.
🗞️ Inside the Boom: What’s Driving Concierge Medicine Transactions - Concierge Medicine Today
💼 Consolidation Transactions with Concierge Medicine Practices — Practical Recommendations for Physician Owners There are at least six key drivers fueling the rise in concierge medicine transactions. Some deals reflect all six factors, while others are shaped by only a few — but together, they’re redefining what ownership and independence mean in concierge medicine today.
Physicians Beware! Groups Providing DME, Prosthetic Devices, and Other Medical Supplies to Their Medicare Patients Risk Violating the Strict Liability Stark Law Since the Expiration of COVID-19 Public Health Emergency | Epstein Becker & Green - JDSupra
When the COVID-19 Public Health Emergency (“PHE”) ended on May 11, 2023, many physician groups furnishing certain medical equipment, devices, and/or supplies to their Medicare patients became in violation of the federal Physician Self-Referral Law (the “Stark Law”), which has draconian penalties, such as clawback of Medicare payments plus additional stiff monetary penalties and possible exclusion from participation in federal health care programs.
Physicians Beware! Groups Providing DME, Prosthetic Devices, and Other Medical Supplies to Their Medicare Patients Risk Violating the Strict Liability Stark Law Since the Expiration of COVID-19 Public Health Emergency
When the COVID-19 Public Health Emergency (“PHE”) ended on May 11, 2023, many physician groups furnishing certain medical equipment, devices, and/or supplies to their Medicare patients became in violation of the federal Physician Self-Referral Law (the “Stark Law”), which has draconian penalties, such as clawback of Medicare payments plus additional stiff monetary penalties and possible exclusion from participation in federal health care programs.
New York State Enacts New Notice Requirements Targeting Private Equity Health Care Transactions | JD Supra
New York recently enacted new legislation that will amend Article 45-A of the New York Public Health Law, entitled “Disclosure of Material Transactions”.
New York State Enacts New Notice Requirements Targeting Private Equity Health Care Transactions
New York recently enacted new legislation that will amend Article 45-A of the New York Public Health Law, entitled “Disclosure of Material Transactions”.
VIDEO: Private equity transactions still lucrative despite decrease in market value
Source/Disclosures Disclosures: Herschman reports being an attorney for Epstein Becker Green. We were unable to process your request. Please try again later. If you continue to have this issue please contact customerservice@slackinc.com. Key takeaways: Valuations have leveled off or decreased since the end of 2022. Large platform practices may experience a greater decrease in valuations compared with small- to mid-sized practices. In this video, Gary W.
VIDEO: Private equity aims to grow, not change, physician practices
Source/Disclosures Disclosures: Herschman reports being an attorney for Epstein Becker Green. We were unable to process your request. Please try again later. If you continue to have this issue please contact customerservice@slackinc.com. Key takeaways: Clinical autonomy remains with physicians after the closing of a private equity transaction. Private equity platforms do not want physicians to change certain aspects of the practice. In this video, Gary W.
VIDEO: Private equity market still robust for physician groups
Source/Disclosures Disclosures: Herschman reports being an attorney for Epstein Becker Green. We were unable to process your request. Please try again later. If you continue to have this issue please contact customerservice@slackinc.com. Key takeaways: In 2022, about 342 private equity transactions occurred with physician groups. Recent private equity transactions may have involved smaller practices joining one of the existing specialty platforms. In this video, Gary W.
Second Quarter Sees Slight Slowdown in Health-Care Deals
Getty Images By Gary W. Herschman, Anjana D. Patel, Timothy C. McHale, Hector M. Torres,Larry Kocot, and Carole Streicher Aug. 4, 2022, 8:00 AM The volume of health-care deals in the second quarter of 2022 was lower than the robust activity of 2021 due to growing economic uncertainty, according to Epstein Becker Green attorneys and health industry financial and investment analysts at KPMG and FocalPoint Partners.
[Webinar] Strategic Partnerships and Deals for Cardiology and Vascular Practices: Is a Partnership Right for My Group? - May 19th, 8:00 pm - 9:00 pm ET | JD Supra
There were over 400 specialty physician groups that entered into strategic partnership transactions during 2021 with healthcare investors, a 90% increase over each of the prior several years. The “newest” physician specialties that have attracted investor attention are cardiology and vascular practices, with five active platforms now, which is expected to double to ten over the next 12-18 months. As we have seen in other specialties, there is a premium value placed on early entrants to market.
New investment provides ‘second bite’ transaction to physician practices
Source/Disclosures Disclosures: Herschman reports being an attorney for Epstein Becker Green. We were unable to process your request. Please try again later. If you continue to have this issue please contact customerservice@slackinc.com. In this video, Gary W. Herschman, JD, discusses “second bite” transactions in the private equity realm in the health care marketplace.
Source/Disclosures Disclosures: Herschman reports being an attorney for Epstein Becker Green. Source/Disclosures Disclosures: Herschman reports being an attorney for Epstein Becker Green. We were unable to process your request. Please try again later. If you continue to have this issue please contact customerservice@slackinc.com. In this video, Gary W.
Due diligence required for physician practices prior to private equity transaction
April 22, 2022 1 min watch ADD TOPIC TO EMAIL ALERTS Receive an email when new articles are posted on Please provide your email address to receive an email when new articles are posted on . We were unable to process your request. Please try again later. If you continue to have this issue please contact customerservice@slackinc.com. In this video, Gary W.
Several factors may increase trend of private equity transactions with physician practices
April 19, 2022 2 min watch Source/Disclosures Disclosures: Herschman reports being an attorney for Epstein Becker Green. ADD TOPIC TO EMAIL ALERTS Receive an email when new articles are posted on Please provide your email address to receive an email when new articles are posted on . We were unable to process your request. Please try again later. If you continue to have this issue please contact customerservice@slackinc.com. In this video, Gary W.
[Webinar] Pitfalls of Letters of Intent: What You Need to Know Before Signing - January 19th, 8:00 pm - 9:00 pm ET | JD Supra
Gary Herschman, Member of the Firm, co-presents “Pitfalls of Letters of Intent: What You Need to Know Before Signing” with Dana Jacoby, President and CEO of Vector Medical Group. All too often, physician groups and other health care entities sign letters of intent (LOIs) for major transactions without first getting input from professional advisors, such as attorneys, accountants, etc.
Operational challenges in COVID-19 pandemic may increase transactions among practices
April 13, 2021 2 min read Save Source/Disclosures Published by: Source: Herschman GW. 10 key operational challenges – facing independent physician groups. Presented at: Physician Transactions Conference: Strategic Positioning in the Post-COVID Era; April 6, 13, 20 and 27, 2021 (virtual meeting). Disclosures: Herschman reports no relevant financial disclosures.
[Virtual Conference] Assessing Strategic Options and Practice Value in the Wake of the Pandemic: 2021 Physician Transactions Conference - April 6th, 7:30 pm - 8:45 pm ET | Epstein Becker & Green - JDSupra
April 6th, 2021 7:30 PM - 8:45 PM ET A Complimentary Four-Part Webinar Series Geared Towards Educating Physicians and Physician Groups In light of the COVID-19 pandemic and its ensuing aftermath, more physicians than ever are considering and entering into partnerships with larger organizations. This four-part webinar series will guide leaders of independent medical groups through exploring various options in order to strategically position themselves for long-term success.
Barry Ostrowsky on The Future of Health Care: Health Care Delivery and Consolidation Trends in 2020 and Beyond [PODCAST]
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INSIGHT: Health-Care Deals Up in Q2, but Long-Term Covid Impacts Unclear Original
Despite the resurgence of Covid-19 cases in a growing number of states and continuing uncertainty for businesses, the number of health-care deals announced or closed in June (144) trended upward to end Q2, as compared to May (104) and April (106). The pandemic has fueled an intensified focus on life sciences and pharmaceuticals as the race to identify effective vaccines and therapeutics to prevent and treat Covid-19 has attracted new investment.
[Webinar] COVID-19’s Impact on Independent Hospitals - Strategic Options and Proactive Responses - May 20th, 12:00 pm - 1:30 pm ET
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
INSIGHT: Health-Care Deals Up in Q1, But Expect Uncertainty From Virus
Despite the negative macroeconomic impact and growing uncertainty stemming from the Covid-19 crisis, the number of announced or closed health-care deals in March continued at a brisk pace (140), up from the 123 deals announced or closed in February. The month of March caps strong health-care transaction activity in Q1 of 2020, with 476 total deals announced or closed.
INSIGHT: Health-Care Deals Up in Q1, But Expect Uncertainty From Virus
Despite the negative macroeconomic impact and growing uncertainty stemming from the Covid-19 crisis, the number of announced or closed health-care deals in March continued at a brisk pace (140), up from the 123 deals announced or closed in February. The month of March caps strong health-care transaction activity in Q1 of 2020, with 476 total deals announced or closed.
[Webinar] The Transaction Process, Key Protections for Physicians, and How to Prepare: Part 3 of Physician Group Transactions 2020 - Prospering in Health Care’s Uncertain Future - May 7th, 12:00 pm - 1:00 pm ET | Epstein Becker & Green - JDSupra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
[Webinar] Beyond the First Partnership - Second Bites and More: Part 2 of Physician Group Transactions 2020 - Prospering in Health Care’s Uncertain Future - April 30th, 12:00 pm - 1:00 pm ET | Epstein Becker & Green - JDSupra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
[Webinar] Physician Transactions 2020 - What’s Going On, and What Do You Need to Know? Part 1 of Physician Group Transactions 2020 - Prospering in Health Care’s Uncertain Future - April 23rd, 12:00 pm - 1:30 pm ET | Epstein Becker & Green - JDSupra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
COVID-19: Orthopedic groups should consider key legal updates
By Anjana D. Patel, JD, Gary W. Herschman, JD, and Denise Dadika, JD Orthopedic groups are struggling with the strain that the COVID-19 pandemic has put on their day-to-day operations. Many groups have had to postpone non-emergency appointments and surgeries and have reduced or furloughed staff. This article summarizes some key legal issues for orthopedic groups, including newly enacted federal laws and agency guidance.
COVID-19 and health-care law
Article Key legal updates for ophthalmology groups By Gary W. Herschman, Anjana Patel and Denise Dadika April 1, 2020 Ophthalmology groups are struggling with the strain the coronavirus pandemic has put on their day-to-day operations. Many groups have had to postpone non-emergency appointments and surgeries and have reduced or furloughed staff. Here, we will summarize some key legal issues for ophthalmology practices, including newly enacted federal laws and agency guidance.
INSIGHT: Health-Care Transactions Will Pick Back Up After Virus
Merger and acquisition activity in the health-care industry has been growing leaps and bounds ever since the passage of the Affordable Care Act in 2010 with its mandate for reducing cost, increasing quality of care and resulting value-based reimbursement. The effect, over the last several years, has been increasing consolidation in major sectors of the industry.
INSIGHT: Health-Care Transactions Will Pick Back Up After Virus
Merger and acquisition activity in the health-care industry has been growing leaps and bounds ever since the passage of the Affordable Care Act in 2010 with its mandate for reducing cost, increasing quality of care and resulting value-based reimbursement. The effect, over the last several years, has been increasing consolidation in major sectors of the industry.
[Event] Physician Group Transactions 2020: Prospering in Health Care’s Uncertain Future - April 23rd, Chicago, IL | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
INSIGHT: Health-Care Consolidation Strong in 2019-Expect Even Stronger 2020
Last year ended strong with 187 health-care transactions announced or closed in December, making it the most active month of 2019.
INSIGHT: Health-Care Consolidation Strong in 2019-Expect Even Stronger 2020
Last year ended strong with 187 health-care transactions announced or closed in December, making it the most active month of 2019.
7 Hot Health Care Industry Sectors for Investment, Growth & Consolidation in 2020 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
7 Hot Health Care Industry Sectors for Investment, Growth & Consolidation in 2020
January 09, 2020 SCOTUS to Consider Awards of Profits in Trademark Infringement... by: Jacob S. Wharton December 2019 Tax Act Provides Relief To Tax-Exempt Organizations:... by: Dale R. Rietberg and Wayne D. Roberts Last, but NOT Least: Why You Should Take a Closer Look at Your Next... by: Aimee Cook Oleson The Energizer – Volume 58 by: Buck B. Endemann and Daniel S. Cohen 7 Hot Health Care Industry Sectors for Investment, Growth &... by: Gary W. Herschman and Mark E.
7 Hot Health Care Industry Sectors for Investment, Growth & Consolidation in 2020
Based on their extensive experience advising health care industry clients, Epstein Becker Green attorneys and strategic advisors from EBG Advisors are predicting the “hot” health care sectors for investment, growth, and consolidation in 2020.
Is private equity really for you?
Private equity (PE) investments in the medical practice world have been getting a lot of buzz during the past few years, particularly in ophthalmology. In the past several years, the number of PE firms investing in ophthalmology increased from one transaction in 2012 to more than 20 transactions in 2018, according to an article in Becker’s ASC Review last year.
INSIGHT: Long-Term Care Continues to Lead Health-Care M&A Activity
Building off last yearâs M&A frenzy, the health-care industry continues to experience high levels of transaction activity as a result of readily available capital and shifting market dynamics. Through June 2019, total announced/closed transactions reached over 586 deals, compared to 530 at this point last year.
PE’s “laser focus” on ophthalmology
It seems like every week or two that an industry newsletter or publication announces that another eye-care practice has entered into a major transaction with a private equity (PE)–backed company. This transaction activity has increased substantially over the past several years.
INSIGHT: Health Care M&A Transactions on Pace to Set Record in 2019
March madness is over for college basketball fans, but itâs just the beginning of a fast-paced year for health-care M&A activity. At the current pace, deal activity is projected to eclipse over 1,200 deals by the end of 2019 (compared to 1,059 deals in 2018). With over 317 deals announced or closed year-to-date (through the end of March), we may very well see a record setting year for health-care deals.
INSIGHT: The Health-Care M&A Meter-Hot 2018 to Be Followed by Hotter 2019
The increased pressure to provide patients with affordable, convenient and quality care while adapting to expanding value-based reimbursement programs buoyed investment activity across the health-care industry in 2018. Last year was headlined by two mega mergers: CVS Health and Aetna, and Cigna and Express Scripts.
Ambulatory Surgical Centers Payment System Expanded
On November 2, 2018 CMS announced the finalization of the 2019 OPPS and ASC payment rules which were initially proposed in July of 2018.[1] [2] While the final document will not be officially published until November 21st, an Inspection Copy is available for the public to review on the Federal Register website.
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