Should I Sell My Medical Practice? | Part 1 of 3: Physician Exit Strategy
Should I Sell My Medical Practice | Part 2 of 3: Valuation for Doctors
Should I Sell My Medical Practice | Part 3 of 3: Legal Pitfalls to Avoid
Chair, Healthcare Law
Co-Chair, Cannabis Industry
John D. Fanburg has more than 40 years of experience in health and hospital law, with an emphasis on corporate, transactional, and regulatory matters for physicians and healthcare institutions. John is known for providing strategic advice and transactional legal guidance in corporate M&A and regulatory matters.
John’s clients include major hospitals, multi-specialty and single specialty medical groups, ACOs, ambulatory surgery centers, ambulatory care facilities, investors in private equity transactions, imagery centers, laboratories, physician specialty organizations and IVF providers. His clients include local and national health care providers. John helps healthcare providers position themselves to deal with the constantly evolving medical marketplace, particularly healthcare reform. This includes advising clients about mergers and acquisitions, private equity transactions, various business ventures, and creative healthcare business arrangements.
In addition, as Co-Chair of Brach Eichler’s Cannabis Industry Practice, John provides counsel to companies and individuals who seek to participate in New Jersey’s growing medicinal cannabis industry.
His experience includes:
- Establishing outpatient healthcare facilities, diagnostic imaging facilities, urgent care centers, and ambulatory surgical centers.
- Overseeing the establishment and purchase/sale of physician practices, hospitals, and nursing homes.
- Structuring private equity and M&A transactions.
- Structuring nonprofit healthcare providers.
- Structuring and representing physician acquisition agreements, buy-sell arrangements, and physician employment agreements.
- Representing clients in managed care contract negotiations.
- Developing Medicare and Medicaid corporate compliance programs for physician practitioners.
- Handling fraud and abuse counseling and representation, licensing issues and third-party payment issues.
- Representing physician specialty organizations and advantageously using federal reimbursement policies and appeals.
- Representing dental practices, and developing and negotiating dental practice employment agreements.
A member of the firm’s Executive Committee, John is the recipient of a number of honors and awards. Ranked in Chambers USA* in Band 1 for health law from 2009-2023, John consistently earns special recognition for his work with physicians in transactional and regulatory matters.
John has been selected by his peers to be included in the “The Best Lawyers in America©” list by Best Lawyers®* since 2003 and named to the “New Jersey Super Lawyers” list by Super Lawyers®* from 2005-2023. In addition, he has been rated as AV Preeminent 5.0 out of 5.0, peer-rated for the highest level of professional excellence by Martindale-Hubbell*.
Additionally, John was included in the New Jersey 2018, 2019, and 2020 top ten leader in the law lists (Law Power 50) by NJBIZ* and was included in the NJBIZ* “Power 50 Health Care” list from 2019 – 2021. In 2017, he was appointed to Governor Phil Murphy’s Transition Team.
*No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Videos
REPRESENTATIVE MATTERS
Each matter handled by John depends on its unique facts and particular legal circumstances. The following are a list of results obtained by John on behalf of his clients:
- Represented the owners of large multi-specialty ambulatory surgery center in the sale of a majority ownership to a large private-equity backed operator of healthcare facilities and provider of healthcare facility management services.
- Represented a prominent regional hospital system in its $100 Million acquisition of another healthcare system
- Represented an ophthalmology ASC and related medical practice in a $30 Million sale to a private equity firm.
- Represented a gastroenterology practice in a $17 Million hospital joint venture with private equity backing.
- Represented an orthopedics and sports medicine practice in the $20 Million sale of its practice to a large health system and the employment of its physicians
- Represented an ASC in the $12 Million sale of majority equity stake to a hospital acquiror.
- Establishment of single specialty medical practice comprising over 100 physicians.
- Represented the seller entity in a stock sale acquisition by a private equity sponsored medical and management (administrative services organization, or ASO) supergroup, which maintains practices throughout various states. The physician-owners of the seller-entity have become employees and equity holders in the buyer since the start of this deal.
- As a result of legislative changes in New Jersey, all registered ambulatory surgical practices must adhere to specific regulations and complete an application in order to become licensed by the New Jersey Department of Health. Brach Eichler represents these entities and assists with all aspects of the licensure.
- Due to Brach Eichler’s extensive experience in healthcare and strategic planning, the firm was engaged by several medical practices to counsel on the creation of Management Service Organizations to help position them for private equity transactions.
*Results may vary depending on your particular facts and legal circumstances.
AWARDS
*No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Click here for the Awards and Honors Methodology.
PROFESSIONAL ACTIVITIES
- Board of Trustees, Mountain Ridge Country Club Foundation President
- Healthcare Advisory Board Member, Caldwell University
- Member, American Health Lawyers Association
- Member, Florida Society of Ambulatory Surgical Centers
- Member, Essex County Bar Association
- Member, American Bar Association
- Member, New Jersey State Bar Association
- Member, Governor Phil Murphy’s Transition Team, 2017
- President, Mountain Ridge Country Club Foundation, West Caldwell, NJ, 2012-2016
- Member, New Jersey Muslim Jewish Advisory Council (NJ MJAC)
