Charlene L. McGinty

Partner

Atlanta
T +1.404.256.8232
F +1.404.459.5734

"[Charlene] impresses sources with her expertise in regulatory and transactional healthcare matters."

— Chambers USA 2015

Overview

Charlene McGinty represents and advises clients in the healthcare industry, regularly counseling healthcare providers and companies in the areas of health law, including transactional and operational matters and regulatory compliance. Focusing on transactional matters, Charlene works with both buyers and sellers, including nonprofit hospital and health systems, joint ventures in services such as ambulatory surgery centers, urgent care centers and radiation oncology centers, and ancillary service providers. She also acts as outside general counsel for physicians and physician organizations.

Charlene writes and lectures on a wide scope of health law issues for organizations such as the American Health Lawyers Association, the Georgia Academy of Healthcare Attorneys, the Southeastern Health Care Fraud Institute and the Health Law Section of the State Bar of Georgia. Her publications and speeches focus on topics affecting healthcare facilities and providers. Charlene is a Chambers USA-ranked lawyer for Healthcare Law in Georgia and has been recognized by The Best Lawyers® in America, The Legal 500 United States and as a Georgia Super Lawyer.

Select Experience

  • Regularly represents nonprofit hospital systems in the areas of federal and state regulation (including Medicare, Medicaid and private payer reimbursement issues), mergers and acquisitions, restructurings and divestitures, joint ventures and affiliations, structuring of business relationships, facility operations, health service delivery, professional services contracts, physician recruitment, tax exemption issues and corporate governance.
  • Represents physicians and physician organizations in relation to federal and state fraud and abuse and physician self-referral laws, fee-splitting, corporate practice of medicine, compliance audits and physician recruitment.
  • Represents physician groups in structuring of clinical laboratory operations.
More »

Experience

  • Regularly represents nonprofit hospital systems in the areas of federal and state regulation (including Medicare, Medicaid and private payer reimbursement issues), mergers and acquisitions, restructurings and divestitures, joint ventures and affiliations, structuring of business relationships, facility operations, health service delivery, professional services contracts, physician recruitment, tax exemption issues and corporate governance.
  • Represents physicians and physician organizations in relation to federal and state fraud and abuse and physician self-referral laws, fee-splitting, corporate practice of medicine, compliance audits and physician recruitment.
  • Represents physician groups in structuring of clinical laboratory operations.
  • Represented nonprofit, multi-hospital, multi-campus health system in the acquisition of a nonprofit, multi-hospital, multi-campus health system, including due diligence review, transaction structuring, review and negotiation of transactional documents, regulatory notices, filings and hearings.
  • Served as local counsel to a national for-profit health system company in the acquisition of hospital facility in Georgia.
  • Served as healthcare regulatory counsel for private equity group in its purchases of healthcare entities, including opioid treatment centers and rehabilitation centers. 
  • Represented a specialty physician practice with multiple ancillary services in the sale to a private equity-backed purchaser, which included offering advice in connection with transaction structure. Provided advice in all aspects of the transaction, including negotiation of all transaction documents and corporate and regulatory/structuring guidance, including fraud and abuse and state law compliance aspects. Continue to advise the client and its acquirer following the sale. 
  • Represented a venture capitalist fund in its acquisition of multi-state home health operations, including transactional and regulatory guidance in the negotiation of transactional documents and transaction structuring guidance, including fraud and abuse and state law compliance aspects. Continue to advise the client and its acquirer following the sale.
  • Represented privately held laboratory company in its sale to national, publicly traded laboratory company in all aspects of the transaction, including negotiation of transactional documents and transactional and regulatory/structuring guidance. Continue to represent seller in post-closing matters regarding the transaction.
  • Represented multi-specialty physician practice in a joint venture with a nonprofit health system and a national ambulatory surgery center (ASC) company in connection with the development of and investment in an ASC.  
  • Represented nonprofit hospital system in acquisition and affiliation transactions in areas such as urgent care centers, ASC development, cardiology services, medical oncology and other specialty oncology services.
  • Represented hospital system in a development strategy with a national ASC company in connection with multi-state ASC development strategy.
  • Represented nonprofit hospital system in development, contracting and operation of clinically integrated network.
  • Represented an online supplement dispensary platform company in connection with structuring its platform relationships with clinical practitioners and hospitals, including federal and state fraud and abuse and physician self-referral laws.
  • Represented online coupon platform company in connection with structuring its platform services, including analysis of federal and state fraud and abuse and physician self-referral laws and marketing and advertising requirements.
  • Represented specialty management company in acquisition of specialty practices, including transactional, regulatory/structuring advice.
  • Represented nonprofit hospital in sale to multi-hospital system, including in connection with all regulatory filings and hearings.
  • Represented nonprofit hospital system in the joint venture and subsequent acquisition of a hospital in all aspects of the transaction, including due diligence review, transaction structuring, negotiation of transactional documents, regulatory notices, filings and hearings.
  • Represented nonprofit hospital system in the acquisition of a hospital in all aspects of the transaction, including due diligence review, transaction structuring, negotiation of transactional documents, regulatory notices, filings and hearings.

Recognitions and Memberships

Recognitions

  • Chambers USA: Healthcare in Georgia (2009 to 2022)
    • Band 2 (2017 to 2022), Band 3 (2014 to 2016)
  • The Best Lawyers in America® (2011 to Present)
    • Georgia: Health Care Law
  • The Legal 500 United States (2018 to 2019, 2021)
    • Recommended in Industry Focus: Healthcare - Service Providers
  • Georgia "Super Lawyer" (2006 to present)

Memberships

  • American Health Lawyers Association
    • Elected as a Fellow (2021)
    • Nominating Committee (2017 to 2018)
    • Immediate Past President (2017)
    • President (2016)
    • President Elect Designate (2014 to 2015)
    • Board of Directors (2008 to 2015)
    • Executive Committee (2012 to 2015)
    • Finance Committee, Chair (2014 to 2015)
    • Practice Group Board Committee, Chair (2012 to 2014)
    • Physicians Law Institute, Program Chair (2006 to 2012)
    • Program Planning Committee (2004 to 2005)
    • Physician Organizations Practice Group
      • Chair (2004 to 2007)
      • Vice Chair (1999 to 2004)
  • Georgia Academy of Healthcare Attorneys
  • State Bar of Georgia
    • Corporate and Banking Law Section
    • Business and Finance Law Section
    • Health Law Section
      • Advisory Board, Mentorship Committee (2019 to Present)
      • Executive Committee Chair (2000 to 2001)
      • Executive Committee Member (1994 to 2000)

Emerging Issues

Prior Positions

  • McKenna Long & Aldridge: Partner

Admissions

  • Georgia

Education

  • J.D., University of Kentucky College of Law, 1986
  • B.A., University of Kentucky, 1981