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Mr. Litwak has over twenty-five years' experience representing nonprofit clients, primarily in health care related organizations and businesses. His clients include integrated health care systems, academic medical centers, community hospitals, physicians and medical practice corporations, faculty practice plans, health centers, non-acute providers, insurers and health plans, e-health businesses, and other health care businesses. He also represents nonprofit corporations unrelated to health care.
Mr. Litwak's practice focuses on transactional and related regulatory matters, including tax, determination of need, licensure, antitrust, fraud and abuse, and tax exempt financing issues. He has extensive experience in structuring and negotiating affiliations and business relationships, including mergers, acquisitions and changes of ownership; joint ventures; medical practice acquisitions; the development of health care networks; and a variety of contractual arrangements.
Mr. Litwak also has represented clients in connection with health system reorganizations and the divestiture of medical practices and other health system affiliates. His practice includes negotiating and reviewing managed care arrangements, providing counsel and analysis regarding fraud and abuse and prohibited referral issues, physician recruitment and general business transactions. He also advises and represents nonprofit clients in connection with federal and state tax exempt organization issues, and general nonprofit corporate law.
Representative Transactions
o Represented coalition of medical staff, nursing staff, former trustees and hospital employees of Waltham Hospital in successful effort to keep the Hospital from closing after the system parent had begun to implement closure process and to transfer control from a multi-hospital system to a community based board of trustees. This matter involved a unique arrangement with a private developer to purchase hospital assets and lease back the hospital facilities for nominal rent. It presented a variety of legal, financial and business issues as well as regulatory issues involving the Attorney General's office and other State agencies that regulate public charities and hospitals.
o Represented Boston University Medical Center, an academic medical center, in a consolidation and merger with Boston City Hospital. This was a unique transaction involving a private hospital and public hospital and presented numerous complex and novel legal, business and political issues, including enabling legislation, business negotiations; tax exempt financing, exempt organization issues; labor, regulatory, ERISA, and real estate issues; and non-profit corporate law and public sector law.
o Represented University of Massachusetts Medical Center in creating an integrated delivery system including community hospitals, physician organizations and nonacute providers. Subsequently represented UMass Medical Center in spinning off its clinical integrated delivery system in connection with a merger of the UMass clinical system with a private hospital system. The transaction involved a hospital merger; complex reimbursement and regulatory issues; public employee and public agency issues; long-term academic affiliation, shared occupancy and financial support agreements; and enabling legislation.
o Represented private provider of PET Imaging Services in establishing a multi-site network of PET imaging centers in connection with an affiliation with a large academic medical center and its cancer center network affiliates.
o Represented academic medical center in restructuring and integrating faculty practice plans for its various clinical departments.
o Represented hospital and related physician group in negotiating medical director and outpatient and inpatient management services agreements with private dialysis service provider.
o Represented non-profit hospital in forming Medicaid managed care entity, negotiating contracts with state Medicaid agency and with third party administrator company, and obtaining 501(c)(3) tax exempt status.
Speaking Engagements
o Frequent speaker at Massachusetts Continuing Legal Education programs; Healthcare Financial Management Association programs; Boston Bar Association Health Law Section programs and various trade associations and provider organizations.
Awards & Honors
o Recognized in Guide to the Leading US Healthcare Lawyers, Inaugural Edition.
o Listed in the 2005, 2006 and 2007 Chambers USA: America's Leading Lawyers for Business as a leading Health care lawyer in Massachusetts.
Bar Admissions & Memberships
o Admitted, Massachusetts Bar
o Member, Boston Bar Association (past Co-Chair, Health Law Section)
o Member, American Bar Association; American Health Lawyers Association; Health Care Financial Management Association | 