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OVERVIEW

Healthcare Finance

Healthcare organizations operate in a complex financial and regulatory landscape, where access to capital is essential for maintaining infrastructure, growth, and operational stability. Barnes & Thornburg’s healthcare finance team helps hospitals, health systems, and other healthcare providers navigate the world of healthcare finance, including tax-exempt and taxable bond financing, commercial lending, equipment financing, real estate and project finance, joint venture financing structures and various alternative capital funding solutions such as charitable lease and energy-as-a-service structures to support long-term sustainability and strategic goals.

Strategic guidance for healthcare financing

We counsel borrowers, issuers, underwriters, lenders, and investors in structuring and executing financing transactions tailored to the unique needs of healthcare providers. Our team:

  • Bond financings – Serves as bond and borrower’s counsel in connection with the issuance of taxable or tax-exempt revenue bonds. Our attorneys are experienced with public offerings and private placements in fixed, variable and multi-modal rate structures, and we routinely assist clients with implementing new and revised Master Trust Indentures.  
  • Commercial and lease financings – Advises on structuring and negotiating bank loans, credit agreements, commercial paper issuances, equipment leases, and working capital financings.
  • Real estate and project finance – Assist clients with structuring and negotiating direct real estate financings as well as leases and lease financings including credit tenant leases and similar structures.
  • Alternative capital sources – Advises on structuring and negotiating charitable foundation lease financings, energy-as-a-service transactions, public-private partnerships and other alternative project-based financing solutions.
  • Mergers and acquisitions – Assist clients in developing and implementing debt components of plan of finance in connection with M&A activities.
  • Derivatives and SWAP agreements – Advises on structuring and negotiating derivatives transactions, including interest rate swaps, currency swaps, and other hedging instruments, to manage financial risk, optimize capital costs, and ensure regulatory compliance.
  • Regulatory and tax compliance – Assists clients with post-issuance compliance relating to disclosure obligations and tax law and regulations, including Schedule K to Form 990, remedial actions, IRS audits and voluntary closing agreements.

Experienced counsel across the healthcare sector

Our attorneys represent a wide range of healthcare organizations and other market participants, including:

  • Hospitals and health systems – Advising community hospitals, multi-hospital systems, and specialty providers with respect to financing solutions.
  • Underwriters, lenders, and bond purchasers – Serving as underwriter’s counsel to investment banks and securities firms in healthcare bond transactions, representing commercial lenders in lending to healthcare organizations and representing bond funds in direct purchase transactions.
  • Assisted living, long-term care, and other providers – Helping assisted living facilities, skilled nursing providers, senior care organizations, and community health centers to secure cost-effective funding.
  • Governmental and other institutional borrowers – Representing state agencies, county hospitals, academic medical centers, hospital districts, and other public entities in financing healthcare capital projects.

Beyond financing: A holistic legal approach

Healthcare finance extends beyond merely structuring, negotiating and issuing debt. Our nationwide team brings together extensive experience and expertise in public finance, health law, real estate development, tax law, antitrust, and corporate law to help clients achieve their operational goals in a practical and efficient manner.

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