Mary Beth Fortugno
Mary Beth Fortugno represents healthcare providers in a variety of industry sectors including four of the nation’s leading hospital companies and specialty pharmacies. She focuses her practice on transactions, managed care contracting, healthcare regulatory matters, operations and investigations. Having managed matters ranging from licensure diligence and new applications to major transactions and fraud and abuse investigations, Mary Beth has built a reputation within the industry for her knowledge and operational guidance. As former operations counsel to IASIS Healthcare, an acute-care hospital company, she brings first-hand experience to healthcare clients.
Mary Beth helps clients find solutions to complex regulatory, contracting, operational and transactional issues. Her practice involves:
- Contracting, Regulatory & Operational Matters – Counseling hospitals, specialty pharmacies and other healthcare providers on a wide range of matters related to including Anti-Kickback Statute and self-referral laws, Health Insurance Portability and Accountability Act (HIPAA), licensure, certification, managed care contracting and other operational, contracting and regulatory issues.
- Healthcare Mergers, Acquisitions & Dispositions – Providing counsel in structuring transactions and the acquisition and disposition of healthcare providers and companies.
- Compliance and Government Investigations – Assisting healthcare clients in responding to governmental inquiries relating to Medicare and Medicaid fraud and the False Claims Act.
Memberships
American Bar Association
American Health Law Association (AHLA) — Hospitals and Health Systems Practice Group, Chair (2015-2017), Vice Chair Education (2014-2015)
Harry Phillips American Inn of Court
Representative Experience
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Representation of Parthenon Capital, a growth-oriented private equity firm, as healthcare regulatory counsel in its investment in RxSense, a high-growth healthcare technology company that utilizes its proprietary technology platform to provide innovative prescription savings solutions to consumers and pharmacy benefits administration and analytics to enterprise customers
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Representation of Brookdale Senior Living Inc. (NYSE: BKD) in its definitive agreement to sell 80 percent of Brookdale Health Care Services, the Brentwood-based company’s home health and outpatient therapy division, to HCA Healthcare (NYSE: HCA), one of the nation’s leading healthcare providers, in an all-cash transaction for $400 million
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We represented Grant Avenue Capital, a healthcare-focused middle-market private equity firm, in its acquisition of Valeo Home Health and Hospice, a provider of in-home rehabilitation and end of life care.
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Representation of Health Enterprise Partners (HEP), a healthcare private equity firm, in its investment in Aware Recovery Care, an in-home addiction treatment provider. Terms of the transaction were not disclosed.
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Representation of Kinderhook Industries, LLC in its investment in AbsoluteCARE, value-based primary care provided headquartered in Baltimore, Maryland, for $105 million. Kinderhook Industries, LLC is a private investment firm that manages over $3.3 billion of committed capital.
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Representation of OptionOne, a specialty pharmacy providing home and alternate-site infusion therapies through a comprehensive clinical approach to patient care, in its sale to Amerita, Inc., a specialty infusion company focused on providing complex pharmaceutical products and clinical services to patients outside of the hospital. Terms of the transaction were not disclosed.
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Representation of Community Health Systems, Inc. (NYSE: CYH) in its sale of 50% ownership interest in Merit Health Biloxi (153 licensed beds) and its associated healthcare businesses in Biloxi, Mississippi to Memorial Properties, Inc., an affiliate of Memorial Hospital of Gulfport
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Representation of J. Knipper and Company, Inc. – one of the largest suppliers of end-to-end pharmaceutical samples management services and a Court Square portfolio company – and its affiliates, including KnippeRx, in its acquisition of Eagle Pharmacy – a Florida-based full-service, direct-to-patient (DTP) pharmacy. This strategic transaction for KnippeRx will expand the company’s pharmacy programs, scale and automation capabilities.
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Representation of Linden Capital Partners, as lead healthcare regulatory counsel, in its investment in Vital Care, Inc., a pharmacy franchisor of home infusion services. Linden Capital Partners is a Chicago-based private equity firm focused exclusively on the healthcare industry
Publications
Past Events
Media Mentions & Firm News
Accolades
Chambers USA — Healthcare, Recognized Practitioner (2015-2017)
The Best Lawyers in America© — Health Care Law (2013-2021)
Journal of Transnational Law — Associate Editor
Vanderbilt Scholastic Excellence Award — Administrative Law; Federal Tax; Professional Responsibility