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Joshua M. Kaye is a partner in the law firm of McDermott Will & Emery LLP based in the Firm's Miami office. Joshua's national practice includes representing clients in mergers and acquisitions as well as in corporate, regulatory and other transactional health care matters. He serves as the chair for the Firm's Health Transactions Affinity Group and is the partner-in-charge of the Firm's Miami office Community and Pro Bono Services Committee.
Mr. Kaye's practice focuses on representing both physicians and non-physicians in the development and delivery of cutting-edge business models in the health care industry. Some of his more notable work includes:
Ambulatory Surgical Centers. Joshua represents national and regional ASC management companies, independent ASCs and individual physician investors with all of their transactional, regulatory and litigation needs. His national experience includes ASC transactions in California, Colorado, Florida, Kansas, Kentucky, Massachusetts, Maryland, Michigan, New York, North Carolina, Texas, and other states. His experience includes syndicating "start-up" ASCs, selling and redeeming physician equity interests, "squeeze-out" mergers, buying and selling equity stakes in ASCs on behalf of, or to, large private-equity funded and publicly traded corporate buyers, revising governing documents, and developing business models to facilitate an ASC's capture of ancillary revenue streams, including diagnostic imaging, anesthesia and pathology services. Mr. Kaye co-authored with McDermott Health lawyer Jerry Sokol a chapter in Ambulatory Endoscopy Centers: A Primer, published by the American Society for Gastrointestinal Endoscopy and is the legal columnist for Today's Surgicenter. Mr. Kaye frequently lectures and writes on topics impacting ASCs. His articles can be found in Outpatient Surgery, Today's Surgicenter, Administrative EyeCare, Ambulatory Surgery Compliance & Reimbursement Insider, and others.
Diagnostic Imaging and Ancillary Services. Mr. Kaye represents hospitals and health systems, independent diagnostic testing facilities, and group practices in connection with their diagnostic imaging transactions and regulatory issues. He has been instrumental in the development and refining of cutting edge business models related to the delivery of such services, including developing shared-ancillary, block leasing, and ancillary-only management business models that have permitted health systems, group practices and imaging centers to collaborate in and profit from the delivery of various diagnostic imaging modalities and ancillary services (e.g., PET, CT, MRI, ultrasound, greenlight, lithotripsy, cyber-knife, nuclear camera, clinical lab, pathology, physical therapy, dispensing prescriptions, etc.).
Health Care Private Equity. Mr. Kaye represents a number of private equity clients in their health care sales and acquisitions, having developed a unique niche in addressing their health care regulatory due diligence issues. On the acquisition side, Joshua's work has been geared toward leveraged buy-outs, and has included multiple leveraged buy-outs of multi-location imaging center businesses and home health care companies. In this regard, he has assisted private equity clients in their acquisitions and worked closely with their due diligence teams to quickly identify health care regulatory issues ranging from health care fraud and abuse concerns, Medicare billing issues, and federal and state licensure issues.
Concierge Medicine. Mr. Kaye, along with other Firm partners, were instrumental in developing the health care business model for the largest concierge medical practice in the United States. He advises medical practices on transitioning to a concierge practice as well as with the on-going transactional and regulatory issues of the concierge practice.
Medical Groups and Physicians. Mr. Kaye represents numerous medical groups in all of their transactional and regulatory needs, including the development of "super groups" to capture ancillary revenues and working with clients to satisfy their physician compensation goals in a manner that is compliant with the Stark Law and other health care regulations. Joshua also assists medical groups and physicians with employment agreements, enforceability of non-compete provisions, professional service agreements, administrative service agreements, governing documents and a range of other transactional and regulatory matters.
Practice Management and Health Care Consultants. Mr. Kaye represents a number of physician practice management companies and other health care provider consulting companies in developing their business models from a transactional and health care regulatory perspective. His clients include a publicly traded physician practice management company in its acquisitions of medical practices, corporate matters and the incorporation of physical therapy and other ancillary services into such practices. He also represents a privately funded chiropractor consulting company in its development of a cutting edge health care ancillary service system.
Durable Medical Equipment. Mr. Kaye has substantial experience in the durable medical equipment and incontinence health care industry having represented several clients in all of their transactional and regulatory matters relating to the delivery of home care products vis-à-vis the internet, agency agreements, marketing initiatives, and other matters.
Health Care Regulatory. Mr. Kaye represents clients in all aspects of federal and state regulatory matters, including anti-kickback, self referral laws, state licensure, Certificate of Need, insurance laws and HIPAA. Mr. Kaye has represented clients investigated by various federal and state agencies, including the Centers for Medicare and Medicaid Services, the Department of Health and Human Services Office of Inspector General, the Florida Agency for HealthCare Administration, the Florida Board of Medicine, and the Office of the Attorney General of the State of Florida.
Community and Pro Bono Services. As the partner-in-charge of the Miami office's Community and Pro Bono Services Committee, Mr. Kaye has been instrumental in obtaining 100% participation by the Firm's Miami attorneys in the Firm's pro bono initiatives. He oversees and is directly involved in pro bono efforts involving the National Center for Refugee and Immigrant Children in the Firm's representation of unaccompanied minors in asylum matters and the Florida Legal Aid - Put Something Back Program in the representation of children with learning disabilities. He also oversees and has been involved in pro bono efforts involving Women In Distress, Inc., the Kids First Pro Bono Program, and a variety of representations of not-for-profit corporations with general corporate matters
Mr. Kaye frequently lectures and writes articles on health care transactional and regulatory issues affecting physician groups, ambulatory surgery centers and other "ancillary" health care providers. A complete list of his articles can be provided upon request.
Mr. Kaye is a member of the Florida Bar, the American Health Lawyers Association, BIO Florida, the Greater Miami Chamber of Commerce and the Order of the Coif. At the University of Miami School of Law, he served as the Managing Editor of the University of Miami Law Review and was a member of the Delta Sigma Pi Professional Business Fraternity at the University of Florida.
Education:
University of Miami School of Law, J.D., 2000 |
