Marci Rose Borenstein

Marci Rose Borenstein is a Partner with Dentons’ Health Care and Life Sciences sector team, focusing on Health Care Law. She has decades of corporate and regulatory experience representing a broad range of health care organisations, including hospitals and health systems, academic medical centres, physician practices, pharmaceutical and medical device manufacturers, retail pharmacies, managed care organisations, group purchasing organisations and trade associations.

Marci routinely serves as operations counsel for numerous health care facilities and physician organisations, handling all types of day-to-day issues as well as longer-term strategic initiatives. She is recognised as a results-driven lawyer who is extremely dedicated to her clients’ success. Clients especially seek out her assistance with complex contracting matters, including strategic affiliation agreements, professional services arrangements, physician recruitment and employment agreements, exclusive clinical service line arrangements, medical directorships, call coverage agreements, plan participation agreements and management services arrangements. She also has particular and unique experience in emergency and non-medical transportation, having regularly negotiated and drafted ground and air ambulance and other transportation-related arrangements on behalf of hospital and health system clients.

Marci has extensive transactional experience, advising health care organisation clients on mergers and acquisitions and providing counsel to private equity firms, venture capitalists and other organisations in the financial services sector investing in the health care industry. On behalf of these organisations, she has led health care regulatory due diligence efforts and structured, negotiated and documented various corporate transactions. On behalf of retail pharmacy clients, she is engaged in complex contracting with suppliers and distributors, as well as pharmacy benefit managers and health plans.

Her experience includes being regularly seconded to hospital facilities and physician practices within a large national health system to serve as in-house operations counsel for various geographic markets; counselling a large eyewear company in a series of acquisitions of optometry practices; negotiating and documenting an extensive ground transportation arrangement for a large geographic division of a national health system, encompassing inter- and intra-facility transports and emergent and non-medical transportation; assisting a pharmaceutical manufacturer with its entry into the US market; participating in a comprehensive health care regulatory due diligence review in connection with the acquisition of a multi-facility hospital system; and preparing comprehensive hospital contracting policies and template contracts relating to physician recruitment and relocation, medical directorships, and hospital/physician joint ventures.

She was recognised with the Flex Success Award by the Diversity and Flexibility Alliance (2013), by the Walmart Legal Department for Excellent Performance and Commitment to Work-Life Balance (2011), and by Nightingale’s Healthcare News as one of the nation’s “Outstanding Young Healthcare Lawyers” (2007). She has co-authored numerous publications on the Stark Law, health care fraud and non-profit executive compensation, and is a former Vice Chair of the American Health Lawyers Association’s Hospitals and Health Systems Practice Group.

Marci holds a JD, with high honors, Order of the Coif, from The George Washington University Law School (1995) and a BA in Political Science, with honors, from Washington University (1992).