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Contractual considerations in the private equity era.

Veshesh Patel1, Lisa M Nijm2,3

  • 1Bascom Palmer Eye Institute, University of Miami Miller School of Medicine, Miami, FL.

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Private equity (PE) in medicine is expanding. Ophthalmologists and practice owners must carefully review contracts, focusing on valuation, obligations, and compensation to protect clinician, practice, and patient interests.

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Area of Science:

  • Healthcare Management
  • Ophthalmology
  • Corporate Finance

Background:

  • Private equity (PE) investment in healthcare, particularly ophthalmology, is increasing.
  • Understanding contractual relationships between PE firms and medical practices is crucial.

Purpose of the Study:

  • To analyze the key contractual considerations for practice owners and employee physicians engaging with private equity firms in ophthalmology.
  • To highlight the importance of due diligence in PE agreements for all stakeholders.

Main Methods:

  • Review of typical private equity agreement structures in healthcare.
  • Analysis of contractual obligations from both practice owner and employee physician viewpoints.
  • Identification of critical evaluation points within PE contracts.

Main Results:

  • Practice owners must assess practice valuation, post-sale obligations, and their evolving role.
  • Employee physicians need to scrutinize equity, vesting, noncompete clauses, and future sale implications.
  • PE agreements necessitate clear understanding of investment patterns and legal compliance.

Conclusions:

  • Thorough evaluation of private equity contracts is essential for ophthalmologists and practice owners.
  • Agreements must prioritize the best interests of clinicians, practices, and patients.
  • Informed negotiation is key to navigating the complexities of PE involvement in ophthalmology.