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 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 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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Representation of PipelineRx, a developer of a cloud-based pharmacy platform intended to optimize and transform pharmacy and amplify its impact on patient care, as regulatory and deal counsel in its sale to CarepathRx, a platform company formed by Nautic Partners that offers pharmacy solutions to patients undergoing complicated medication therapies
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Representation of Oak HC/FT, a venture capital firm investing in early to growth stage tech-enabled companies, as healthcare regulatory counsel in its $75 million Series C investment in Truepill. Truepill currently owns and operates six pharmacies across the U.S. The funds will be used to launch an at-home lab testing network – a new service that will further expand Truepill’s ecosystem of direct-to-patient capabilities, which includes Truepill Health telehealth network, pharmacy fulfillment, a custom-built EMR, and more.
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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
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