We have assisted our clients in many joint venture projects, including imaging center joint ventures (i) between a nonprofit hospital and a business corporation, (ii) among physicians in different medical groups, (iii) between a business corporation and an individual investor, and (iv) in other combinations of physicians, business corporations, and other investors. These joint ventures also have required analysis of independent diagnostic testing facility (IDTF) requirements.
The joint ventures we have structured have involved substantial analysis of self-referral laws (Stark and Speier), fraud and abuse laws, and similar regulatory provisions, as patient referral relationships typically must be analyzed. Some of the joint ventures we have structured include part-time arrangements, facility-sharing arrangements, and time-sharing arrangements. Joint venture transactions often require us to form limited liability companies, prepare leases or subleases (including time-share subleases), prepare management agreements, draft other organizational documents, and prepare correspondence to guide our clients regarding compliance with regulatory requirements.