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 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
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Served as regulatory and deal counsel to BioPlus, a leading national specialty pharmacy, and ProHealth Pharmacy Solutions, a significant provider of infusion pharmacy management services in their sale to CarepathRx a platform company formed by Nautic Partners
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Representation of Addus HomeCare Corporation (Nasdaq: ADUS), the nation’s largest public provider of personal home care and support services, in its sale of Hospice Partners of Kansas, LLC to Three Oaks Hospice, Inc.
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Representation of Lincare Holdings, Inc., a nationwide healthcare services organization and a Florida-based subsidiary of German multinational chemical company Linde AG, in its sale of their home infusion assets to KabaFusion, a provider of specialty acute and chronic home infusion therapies
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Represented Addus HomeCare Corporation (Nasdaq: ADUS) in four strategic acquisitions and in its underwritten public offering of 2.3 million shares of common stock in 2019.
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We represented BioScrip, Inc. in its merger with Option Care Enterprises, Inc. The newly combined company, Option Care Health, Inc., emerges as the largest independent home and alternate site infusion services provider in the United States. Option Care Health’s common stock will be listed on the Nasdaq Global Select Market under the ticker symbol BIOS.
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Represented Consonance Capital Partners in the recapitalization of Orsini Pharmaceutical Services, LLC
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Represented CHS in its sale of Gulf Oaks Behavioral Hospital
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Represented Community Pharmacy Partners in its investment by Altaris Capital Partners, LLC.
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