The sale of a medical practice or healthcare business is a complex process with many legal aspects. Depending on the structure of the transaction, several types of agreements may need to be drafted, reviewed, or negotiated. These contracts may include purchase agreements, lease agreements for offices, employment contracts for the medical staff, etc.
Additionally, certain state and federal regulations exist such as licensing for medical facilities (particularly surgical centers). As a result, obtaining legal counsel to oversee the purchase or sale of a medical practice is a critical step in this process.
One unique aspect of our law firm is that we have a vast amount of legal experience in both business law and healthcare. In other words, we have the necessary expertise to properly assist clients with the purchase or sale of a private medical practice or healthcare business in Florida. Learn more about how our attorneys assist healthcare clients below or contact us for a free consultation.
Selling a Medical Practice in Florida
Selling a medical practice involves more than negotiating a purchase price. Physicians and healthcare business owners must consider how the transaction will affect existing contracts, employees, patient relationships, outstanding liabilities, and ongoing regulatory obligations.
Depending on the transaction structure, sellers may need to address asset transfers, accounts receivable, physician employment or transition agreements, and representations and warranties in the purchase agreement. Applicable healthcare licensing requirements and patient record retention obligations must also be considered. Under Florida Statutes § 456.058, Florida regulates the disposition of patient records when practitioners terminate or relocate their practices.
Di Pietro Partners assists physicians and healthcare business owners with structuring practice sales, negotiating transaction agreements, addressing regulatory requirements, and protecting their financial and professional interests throughout the sale process.
Healthcare Mergers and Acquisitions
The legal side involved in the sale of a business is a specialized area of law known as mergers and acquisitions. When the business involves healthcare, there are more extensive legal requirements. This includes compliance with federal and state laws. Florida has its own set of regulations specific to medical offices, surgical practices, and other health providers. As a result, further legal specialties are necessary for proper guidance in healthcare mergers and acquisitions transactions.
Healthcare acquisitions may also involve specific change-of-ownership requirements. Under Florida Statutes § 408.807, sellers of AHCA-licensed healthcare facilities generally must notify the agency at least 60 days before a qualifying ownership change, while buyers must submit the appropriate licensing application within applicable deadlines. Because licensing requirements vary by provider type and transaction structure, identifying these obligations early can help prevent delays or disruptions to business operations.
Di Pietro Partners has the necessary experience to assist clients with the sale or acquisition of a healthcare practice in Florida. This includes the purchase of a medical office or other health service providers (i.e. a home healthcare business).
Types of Medical Practices and Healthcare Businesses We Help Buy or Sell
Di Pietro Partners assists physicians, healthcare business owners, and investors with the legal aspects of purchasing, selling, and transitioning medical practices throughout Florida. Different healthcare specialties present unique licensing, ownership, contractual, and regulatory considerations that can affect how a transaction is structured.
Our clients may include individual physicians, practice owners, physician groups, healthcare entrepreneurs, and investors seeking legal guidance with healthcare business acquisitions, sales, and ownership transitions.
Our healthcare attorneys can assist with acquisitions and sales involving a variety of medical practices and healthcare businesses, including:
- Primary Care and Family Medicine Practices – Family medicine, internal medicine, and general primary care offices.
- Specialty Physician Practices – Pediatrics, cardiology, dermatology, orthopedics, OB/GYN, plastic surgery, and other specialty medical groups.
- Podiatry and Chiropractic Practices – Independent offices, group practices, and ownership transitions.
- Ambulatory Surgery Centers and Surgical Practices – Physician-owned surgical practices, outpatient surgical facilities, and multispecialty groups.
- Urgent Care and Outpatient Clinics – Walk-in medical facilities, urgent care businesses, and outpatient healthcare centers.
- Behavioral Health and Therapy Practices – Psychiatry, mental health clinics, counseling practices, and behavioral therapy businesses.
- Medical Spas and Aesthetic Medicine Practices – MedSpas, cosmetic treatment centers, and physician-supervised aesthetic businesses.
- Home Healthcare Agencies – Home health providers and related healthcare service businesses.
- Pharmacies and Dental Practices – Pharmacy businesses, dental offices, and other licensed healthcare practices.
Each healthcare transaction presents different challenges depending on the type of practice, buyer qualifications, existing business structure, and applicable state and federal regulations. Di Pietro Partners helps buyers and sellers evaluate these considerations, negotiate transaction agreements, and address potential legal risks before ownership changes occur.
How We Can Help
Di Pietro Partners assists physicians, medical practice owners, healthcare businesses, and investors with the legal and regulatory aspects of healthcare mergers and acquisitions in Florida. Our services include:
- Structuring the purchase or sale of medical practices, surgical centers, home healthcare businesses, and other healthcare entities
- Conducting healthcare-specific due diligence to identify regulatory, contractual, financial, and operational liabilities
- Drafting, reviewing, and negotiating letters of intent, purchase agreements, and other transaction documents
- Drafting and negotiating physician employment agreements, non-compete provisions, and staff transition arrangements
- Reviewing and negotiating medical office leases, lease assignments, and other real estate agreements
- Evaluating Florida healthcare facility licensing requirements, ownership restrictions, and change-of-ownership applications
- Reviewing Medicare, Medicaid, and commercial insurance enrollment, billing privileges, and ownership reporting requirements
- Evaluating physician compensation, ownership structures, and referral arrangements under the federal Stark Law, Anti-Kickback Statute, and applicable Florida healthcare regulations
- Addressing HIPAA compliance, patient record transfers, and continuity-of-care considerations during ownership transitions
- Coordinating legal requirements for transaction closings and post-acquisition transitions
Why Choose Di Pietro Partners for Medical Practice Acquisitions?
Buying or selling a medical practice requires legal guidance that accounts for both the business transaction and the healthcare regulations that affect it. Di Pietro Partners combines healthcare law, business law, and litigation experience to help physicians, practice owners, and investors navigate complex transactions while protecting their financial and professional interests.
Healthcare and Business Law Experience
Unlike a traditional business acquisition, purchasing a medical practice involves additional considerations such as physician ownership restrictions, licensing requirements, patient records, and federal healthcare regulations. Di Pietro Partners works with healthcare providers and business owners on regulatory matters, commercial transactions, and complex legal disputes, bringing these perspectives together when evaluating healthcare acquisitions.
Firsthand Healthcare Leadership Experience
Founder and Managing Partner David Di Pietro previously served as Chairman of the North Broward Hospital District, which governs Broward Health. His leadership experience provided firsthand exposure to healthcare operations, physician relationships, institutional compliance, and financial oversight. This background gives the firm an additional perspective on the operational and regulatory challenges involved in healthcare business transactions.
Litigation Experience That Informs Transaction Planning
David has more than 20 years of litigation experience, including over 70 jury trials. This background informs the firm’s approach to identifying potential liabilities, reviewing contractual protections, and anticipating disputes that may arise during or after an acquisition. Our attorneys work to help clients understand transaction risks before committing to significant financial and contractual obligations.
Patient Records and HIPAA Compliance During Medical Practice Acquisitions
Buying or selling a medical practice requires careful consideration of how patient records will be maintained, transferred, and protected. Unlike ordinary business assets, medical records are subject to specific state and federal confidentiality requirements that may affect the structure and completion of a healthcare transaction.
Under Florida Statutes § 456.057, medical practices must comply with applicable requirements governing patient record ownership, disclosure, and access. Federal HIPAA regulations also govern the use and disclosure of protected health information during healthcare mergers, acquisitions, and related due diligence activities.
Di Pietro Partners assists healthcare buyers and sellers with evaluating patient record responsibilities, addressing applicable privacy requirements, and planning for the transition of medical records while protecting patient confidentiality and continuity of care.
Due Diligence When Buying a Medical Practice
Before purchasing a medical practice or healthcare business in Florida, buyers should conduct thorough due diligence to identify potential legal, financial, and regulatory liabilities. Unlike traditional business acquisitions, healthcare transactions require additional scrutiny of licensing, billing practices, regulatory compliance, and relationships with patients, physicians, and insurance providers.
Important areas of healthcare due diligence may include:
- Reviewing existing medical licenses, facility permits, and regulatory compliance history
- Identifying outstanding litigation, malpractice claims, and government investigations
- Examining Medicare, Medicaid, and commercial insurance billing practices for potential overpayments or reimbursement liabilities
- Reviewing physician employment agreements, referral arrangements, and existing business contracts
- Evaluating Medicare enrollment status, billing privileges, and applicable ownership transfer restrictions
Identifying these risks before closing can help buyers negotiate appropriate contractual protections, address compliance concerns, and avoid unexpected liabilities. Di Pietro Partners assists healthcare buyers with regulatory due diligence, transaction negotiations, and legal risk assessments throughout the acquisition process.
Speak With a Healthcare Law Attorney Today
Buying or selling a medical practice or healthcare business involves significant financial decisions, complex regulatory requirements, and potential legal liabilities. Whether you are a physician preparing to sell your practice, an investor acquiring a healthcare business, or a medical group considering a merger, experienced legal representation can help protect your interests throughout the transaction.
Di Pietro Partners represents physicians, medical practice owners, healthcare businesses, and investors in healthcare mergers and acquisitions throughout Florida. Based in Fort Lauderdale, our attorneys serve clients across Broward County, Palm Beach County, Miami-Dade County, and beyond. Our team combines experience in healthcare law, business transactions, and litigation to assist clients with transaction structuring, due diligence, contract negotiations, licensing requirements, and regulatory compliance.
If you are considering buying, selling, or merging a healthcare practice, consulting an attorney early in the process can help identify potential risks and protect your investment. Contact Di Pietro Partners today to schedule a free consultation and discuss your healthcare transaction with an experienced Florida healthcare law attorney.
