Behavioral Health

Our approach

The behavioral health field is in a state of unprecedented transformation. Recent legislative enactments including mental health and substance use disorder parity laws, as well as the carve-in of behavior health services into managed health care plans, are expanding access to behavioral health care. And with increased mental health and substance use disorder awareness, it is becoming clear that systematic coordination of patients’ health care needs increases access to care that drives significant cost reductions. As a result, integrated care models that include mental health, substance use disorder treatment and physical health are becoming a priority across the country.

Our Behavioral Health team handles health care regulatory work, private equity and M&A transactions, supportive housing transactions and public finance work for health care providers and investors.

The work

• M&A activity is on the rise as market dynamics drive consolidation and acquisitions in the behavioral health sector. Our health care M&A lawyers handle transformative deals that include provider affiliations and private equity investments in behavioral health organizations.
• Integrated health care services reduce costs and prevent hospital readmissions, while improving the quality of care. Our Health Care team has extensive experience bringing organizations together under common governance structures and through IPAs and CINs, and helping providers manage risk when negotiating value-based contracts.
• Behavioral health services and physical health services are integrated and regulated in a variety of ways, including co-location, clinical integration, multiple licensure or “threshold” services, and telehealth. We’re monitoring the trends and maintain regular communication with state agencies.
• The need for expanded and new facilities correlates with the continued growth in the behavioral health market, and the complex financing options can be difficult for provider and real estate developer clients to navigate. Our Supportive Housing team has led the way on housing development for New York Office of Mental Health and New York Office for People with Developmental Disabilities projects. Our public finance lawyers also routinely assist clients expand their behavioral health capabilities using tax-exempt financings.
• Our attorneys also have extensive experience assisting nonprofits with changes to corporate governance documents and attorney general approval when necessary.
• Should litigation arise, we’ll apply our experience working with behavioral health clients in connection with mental hygiene hearings and investigations by the Justice Center for the Protection of People with Special Needs.

We work with

• Behavioral health providers, including substance use disorder treatment facilities and community mental health centers
• Health systems and hospitals
• Clinically integrated networks (CINs)
• Private equity investors
• Management companies
• Federally qualified health centers (FQHCs)
• Health care IT organizations including regional health information organizations (RHIOs), health information exchange organizations (HIEs) and electronic health record (EHR) vendors
• Developmental disabilities providers
• Real estate developers