Kevin M. Hilvert
Since 2002, Kevin Hilvert's practice has focused exclusively on representing health care providers on transactional, governance, regulatory and compliance matters. Kevin 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
- Several other physician integration and alignment arrangements
In connection with these transactions, Kevin routinely advices clients on regulatory and compliance matters pertaining to the Stark Law, Anti-Kickback and Civil Monetary Penalty Statutes, as well as tax-exemption rules. In addition, Kevin’s counsel on these transactions includes advice with respect to, and oversight and preparation of, necessary regulatory filings, including Medicare CHOW issues and Ohio Attorney General filing matters.
"Kevin Hilvert is 'well known for his transactional work for clients in the healthcare space. He regularly assists with the the negotiation of commercial agreements and the development of healthcare plans.'"
"Kevin Hilvert 'was very valuable to us on a complex transaction. He is good at drafting and prompt on following through.'"
Affiliation of two children’s hospitals
Negotiated and prepared 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.
Central Ohio COVID-19 surge facility
Managed, coordinated and prepared legal arrangements necessary to establish a hospital facility for use by several of central Ohio’s primary hospital systems. Facilitated negotiations among three health systems, the surge facility’s primary owner and its food service contractor.
Hospital transition to orthopedic-only center
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. Developed, negotiated and prepared legal structure and contractual arrangements for the health system to engage physicians and ensure compensation at fair market value for these efforts.
Health system reorganization
Represented a large, multi-hospital health system in connection with a complete corporate reorganization of the system 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
Health system joint venture
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
Lead counsel to physician compensation committee
Currently serve as lead counsel to the physician compensation committee of a large health system that employs over 750 physicians.
Stark Law violation defense
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.
Acquisition of rural hospital
Arranged and negotiated a health system’s acquisition of a minority interest in a rural hospital.
Professional & Community Activities
- Member, American Health Law Association
- Chair, IMPACT Community Action Board of Directors
- Member, Leadership Columbus, 2011
Presentations & Published Works
- Speaker, "COVID's Impact on M&A in Health Care," Ohio Hospital Association Annual Meeting, June 2021
- Speaker, "Affordable Care Act Mandates for Charitable Hospitals and New State CHNA Requirements," Ohio Hospital Association Annual Meeting, June 2017
Bar Admissions & Activities
- Member, Columbus Bar Association
- Member, Ohio State Bar Association
Awards & Recognition
- Recognized, ChambersUSA, Health Care with a Band 4 ranking, 2021
- Listed, Best Lawyers in America (Health Care Law), 2016–2021
- Rising Star, Ohio Super Lawyers (Health Care; Nonprofit Organizations), 2009–2013
- The Ohio State University Moritz College of Law (J.D., cum laude), 2002
- Wittenberg University (B.A., cum laude, 1997
Bricker & Eckler attorneys earn Best Lawyers 2017 recognition
A total of 66 attorneys from Bricker & Eckler LLP, representing 47.5 percent of the firm’s lawyers, were chosen by their peers for recognition in this year’s edition of The Best Lawyers in America® 2017 (copyright 2016 by Woodward/White, Inc., of Aiken, SC).More Aug 15, 2016