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 Prairie Capital’s portfolio company Family Allergy & Asthma, an allergy medical practice headquartered in Louisville, KY, in its Physician Practice Management transaction with Asthma and Allergy Associates of Florida, an allergy and asthma medical practice in Flordia. Terms of the transaction were not disclosed.
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Representation of Agape Care Group, a leading hospice and palliative care provider in the Southeast, in it’s acquisition of Hospice of the Carolina Foothills, a hospice provider based in Forest City, North Carolina. Terms of the transaction were not disclosed.
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Representation of ModivCare (Nasdaq: MODV), a technology-enabled healthcare services company, in its acquisition of Guardian Medical Monitoring, LLC, a remote patient monitoring and alert company, from its parent company, Guardian Alarm. Terms of the transaction were not disclosed.
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Representation of Nuvem, a healthcare software technology and consulting services company, in their acquisition of Apovia, a pharmacy services management company. Terms of the transaction were not disclosed.
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Representation of RxSense, a healthcare pharmacy benefits administration technology company, in their acquisition of ParamountRx, a prescription medicine discount plan company. Terms of the transaction were not disclosed.
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Representation of Consonance Capital, a private equity manager focused exclusively on the healthcare industry, in their recapitalization of Orsini Pharmaceutical Services, a leading nationwide specialty pharmaceutical provider. Terms of the transaction were not disclosed.
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Representation of Pharos Capital Group, LLC, a middle-market private equity firm based in Dallas and Nashville, in its acquisition of THEMA Health Services, a leading provider of hospice, skilled home health, and palliative care services throughout the state of Arizona. Terms of the transaction were not disclosed.
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Representation of Addus HomeCare Corporation (NASDAQ: ADUS) in its $29.1 million acquisition of three affiliated entities: Armada Skilled Home Care of New Mexico, LLC, Armada Hospice of New Mexico, LLC and Armada Hospice of Santa Fe, LLC. This acquisition expands Addus HomeCare’s home health and hospice services in the state of New Mexico.
Publications
Past Events
Media Mentions & Firm News
Accolades
Chambers USA — Healthcare, Recognized Practitioner (2015-2017)
The Best Lawyers in America© — Health Care Law (2013-2023)
Journal of Transnational Law — Associate Editor
Vanderbilt Scholastic Excellence Award — Administrative Law; Federal Tax; Professional Responsibility