CAPABILITIES

Financing

Overview

Hooper, Lundy & Bookman works closely with borrowers and lenders to craft, facilitate, and secure the financing arrangements that allow providers to achieve their business and patient care objectives. Our experience with the nuanced issues of health care financing and the broad spectrum of available options for providers has led to consummating countless transactions involving billions of dollars in funding for our clients.

The financing landscape for health care providers may change and evolve, but the need for access to capital is a constant. HLB’s health care finance practice delivers sophisticated, creative, and comprehensive representation, leveraging the insights of attorneys in multiple disciplines to address all considerations and issues that intersect with contemplated or existing financing. Our extensive experience enables us to counsel clients on either side of a financing transaction, implementing the optimal structures for their needs and objectives and preparing the documentation that best protects their interests. 

A Wealth of Health Care Financing Experience

We have worked closely with for-profit and non-profit providers of all kinds on every type of debt and equity financing transaction, secured and unsecured debt financing, and real estate and personal property financing. Our nationwide capabilities allow us to collaborate with institutional lenders, public markets, bond issuers, private equity investors, and other funding sources from coast to coast. The credibility and reputation of HLB attorneys in health care financing markets promote efficient transactions in which lenders and borrowers work collaboratively to establish mutually beneficial arrangements and relationships.

HLB’s health care finance experience is expansive and diverse and includes:

  • Obtaining secured and unsecured financing for for-profit providers, including acquisition loans, lines of credit, and refinance loans.
  • Assisting non-profit health care providers with general obligation bonds, tax-exempt and taxable revenue bond financing (both private placements and public offerings), commercial loans, construction financings, property secured financing, asset-backed revolving credit lines, receivables financing, and letters of credit.
  • Securing insured financing under the HUD and Cal Mortgage programs and various leaseback financing arrangements. 
  • Representing for-profit post-acute care facilities in HUD-insured financings.
  • Counseling health care districts in issuing tax-exempt revenue bonds and general obligation bond financing.
  • Representing hospitals and other providers in private placements of debt and equity.
  • Assisting investors, providers, and suppliers with private equity and venture capital financing.
  • Serving as facility counsel in connection with public debt financing.
  • Acting as regulatory counsel in public offerings of debt and equity by publicly traded companies.
  • Serving as lead counsel in private placements involving the syndication of partnerships and limited liability companies (LLCs) to acquire general acute care hospitals, ambulatory surgery centers, and other health care providers. 
  • Handling exempt securities offerings under Regulation D and state Blue Sky regulations.

Post-Consummation Compliance, Enforcement and Workout Matters

Our health care financing representation extends to the myriad issues that arise throughout the financing lifecycle. We handle post-issuance compliance and enforcement matters, including ongoing disclosure compliance, program administration, SEC investigations, IRS audits, arbitrage rebate calculation, and investment placement and management. When our clients face adverse financial conditions that threaten their ability to comply with applicable covenants, laws, and regulations, we seek creative health care financial restructuring and workout approaches that minimize cost, disruption, and other consequences.