Biography

Josh Freemire is a trusted advisor to private equity companies and other health care investors and their portfolio companies. He counsels them on a wide range of health regulatory concerns, including fraud and abuse, privacy law, licensing, reimbursement, multi-jurisdictional practice and entity structuring, compliance, and disclosures.

For private equity entities and similarly situated entities, Josh reviews and evaluates health care compliance and the impact of current and potential future health care laws on potential acquisitions. Outside the acquisition context, Josh has worked closely with provider entities on a broad spectrum of health regulatory operational questions, including structuring transactions and relationships to comply with federal and state fraud and abuse laws, creating or correcting appropriate compliance programs, and disclosing compliance failures.

Providers and their investors value Josh’s extensive experience across a broad array of health laws that typically affect them, including the Stark Law, the Anti-Kickback Statute, the Civil Money Penalty Law, the Beneficiary Inducement Statute, state corporate practice and fee-splitting laws, HIPAA, the HITECH Act, the “meaningful use” of certified electronic health record technology, and many similar federal and state programs.

Josh’s typical engagements include advising private equity companies and other health care investors on the regulatory risks in a potential investment through the diligence and negotiation process, and negotiating transactional documents to minimize or “box” particular identified or generally high-risk health regulatory concerns. He also negotiates with lenders and other financial sources with regard to transactional health regulatory risks and ongoing portfolio company compliance obligations. Portfolio companies seek Josh’s counsel on developing and implementing compliance programs and managing compliance issues, including self-disclosure under both the OIG and CMS protocols. Additionally, Josh advises portfolio companies on a go-forward basis on the regulatory risks of growth and expansion, including fraud and abuse in transactions and relationships and state law compliance through multi-jurisdictional growth. And to help sell-side investors and entities maximize value, Josh provides advice on pre-sale preparations, diligence, and related health regulatory assessments.

The author of numerous articles on health care law, Josh frequently participates in seminars and webinars conducted by professional associations and other provider organizations. At law school, Josh was a member of The Business Lawyer (the precursor of the school's Journal of Business & Technology Law) and served as the Chairman of the 2005 Meyerowitz Moot Court Competition. He also was an intern to the Honorable Richard D. Bennett of the U.S. District Court for the District of Maryland.

Experience

  • Provided health regulatory counsel to a private equity firm in the approximate $1 billion acquisition of a dental management organization
  • Served as health regulatory counsel to a private equity firm in the approximate $1 billion acquisition of a national eye-care chain
  • Provided health regulatory counsel to a private equity firm in a series of roll-up acquisitions in the medical staffing space
  • Served as health regulatory counsel to private equity firms engaged in transactions relating to anesthesiologists, radiologists, dermatologists, physical therapists, dental practices, dental laboratories, dental ambulatory surgery centers, clinical and pathological laboratories, veterinary specialty clinics, physical therapy providers, hospices, skilled nursing facilities, and substance abuse treatment centers (among others)
  • Counseled providers on the fraud and abuse implications of proposed acquisitions, joint ventures, or similar growth or relationship opportunities
  • Advised provider portfolio companies on multi-jurisdictional expansion and compliance with state licensing, scope of practice, corporate practice, fee-splitting, and related laws
  • Conducted internal investigations and prepared necessary disclosures to both CMS and OIG
Education
  • University of Maryland School of Law (J.D., cum laude, 2005)
  • Trinity College (B.A., cum laude, 2001)
    • Phi Beta Kappa
Court Admissions
  • Maryland Court of Appeals
Bar Admissions
  • Maryland
Memberships
  • American Bar Association
  • American Health Lawyers Association
  • Maryland Bar Association, Health Law Committee
Recognition