Overview

When health care providers need advice on transactional, governance, regulatory, or compliance matters, they turn to attorney Kevin Hilvert. He regularly works with clients on structuring, developing, and negotiating a variety of health care transactions, including:

  • health system mergers, acquisitions, affiliations, reorganizations and other sale transactions;
  • equity joint ventures among hospitals, physicians, and post-acute care providers;
  • physician practice acquisitions;
  • service line co-management, quality performance and call coverage arrangements;
  • physician compensation arrangements;
  • physician employment and recruitment; and
  • several other physician integration and alignment arrangements.

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In connection with these transactions, Kevin routinely advises clients on matters pertaining to the Stark Law, the Anti-Kickback and Civil Monetary Penalty Statutes, and tax-exemption rules. In addition, Kevin’s counsel on these transactions includes advice on and preparation of necessary regulatory filings, including Medicare change of ownership issues and Ohio Attorney General filing matters.

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Focus Areas

Experience

  • Negotiated and prepared an affiliation agreement between two children’s hospitals with respect to the joint operation and ownership of one of the locations. The affiliation included a complex conversion and purchase option in favor of one of the hospitals that allowed it to purchase the other hospital outright in the event that certain “triggers” occurred.
  • Managed, coordinated, and prepared legal arrangements to establish a COVID-19 hospital surge facility for use by several of central Ohio’s primary hospital systems. Kevin facilitated negotiations among three health systems, the surge facility’s primary owner, and its food service contractor.
  • Assisted a health system in transitioning a hospital campus into a specialty services center, which required engaging physicians on the center’s medical staff to participate in quality improvement and cost reduction efforts. Kevin developed, negotiated, and prepared legal structures and contractual arrangements for the health system to engage physicians and ensure compensation at fair market value for their efforts.
  • Represented a large, multi-hospital health system in connection with a complete corporate reorganization from a joint operating agreement model to a fully horizontally integrated model.
  • Arranged an affiliation between a large hospital-owned physician group and the faculty practice plan of a state-owned college of medicine.
  • Structured and negotiated a health system’s joint venture arrangement with a national for-profit oncology services provider involving the health system’s entire oncology service line and employed medical and radiation oncologists.
  • Served as lead counsel to the physician compensation committee of a large health system that employs over 750 physicians.
  • Successfully overturned a $10 million overpayment determination in favor of a physician-owned specialty hospital over alleged violations of the Stark Law.
  • Negotiated and closed dozens of physician employment and practice acquisition transactions on behalf of hospital clients.
  • Arranged and negotiated a health system’s acquisition of a minority interest in a rural hospital.

Recognition

  • The Best Lawyers in America, Health Care Law (2016 to 2024)
  • Chambers USA: The World's Leading Lawyers for Business, Leader in Ohio Health Care (2021 to 2023)
  • Ohio Rising Stars, Health Care and Nonprofit Organizations (2009 to 2013)

Credentials

Education

  • The Ohio State University Moritz College of Law (J.D., cum laude, 2002)
  • Wittenberg University (B.A., cum laude, 1997)

Bar Admissions

  • Ohio

Professional & Community Involvement

  • American Health Law Association
  • Columbus Bar Association
  • IMPACT Community Action, Board of Directors, Chair
  • Ohio State Bar Association

Events

Insights

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