John Fanburg

Practice Areas

Chair, Healthcare Law

Career

John D. Fanburg has more than 40 years of experience in health and hospital law, with an emphasis on corporate, transactional, and regulatory matters for physicians and healthcare institutions. A recognized leader in this sector, John is known for excellence in transactions, perseverance in deal-making, and strength in corporate, M&A, and regulatory matters.

His broad experience representing major hospitals, diverse medical groups, solo practitioners, and statewide physician specialty organizations provides him with in-depth knowledge of all aspects of the business of healthcare. He helps healthcare providers position themselves to deal with the constantly evolving medical marketplace, particularly healthcare reform. This includes advising clients about mergers and acquisitions, various business ventures, and creative healthcare business arrangements. John provides counsel on strategic alliances and transactions relating to physician practices, hospitals, ACOs, ambulatory surgery centers, and medical homes. He also offers guidance on regulatory compliance, corporate compliance, HIPAA, litigation, and government investigations.

In addition, as Co-Chair of Brach Eichler’s Cannabis Industry Practice, John provides counsel to companies and individuals who seek to participate in New Jersey’s growing medicinal cannabis industry.

His experience includes:

Establishing outpatient healthcare offices, diagnostic imaging facilities, urgent care centers, and ambulatory surgical centers.

Overseeing the establishment and purchase/sale of physician practices, hospitals, and nursing homes.

Structuring nonprofit healthcare providers.

Representing clients in managed care contract negotiations.

Developing Medicare and Medicaid corporate compliance programs for physician practitioners.

Developing managed care networks.

Handling fraud and abuse counseling and representation, licensing issues and third-party payment issues.

Representing physician specialty organizations and advantageously using federal reimbursement policies and appeals.

Representing dental practices, and developing and negotiating dental practice employment agreements.

A member of the firm’s Executive Committee, John is the recipient of a number of honors and awards. Ranked in Chambers USA in Band 1 for health law from 2009-2021, John consistently earns special recognition for his work with physicians in transactional and regulatory matters. Chambers cites sources who refer to Fanburg as an “outstanding attorney who is extremely knowledgeable of the current healthcare climate, enabling him to guide us with cutting-edge information” In 2012, John was described in Chambers as “an extremely gifted attorney particularly in dealing with all of the complexities of the current healthcare situation.”

John has been selected by his peers to The Best Lawyers in America© since 2003 and named to the New Jersey Super Lawyers list for several years in a row. In addition, he has been rated as AV Preeminent 5.0 out of 5.0, peer-rated for the highest level of professional excellence by Martindale-Hubbell.

Additionally, John was selected as a New Jersey 2018, 2019, and 2020 top ten leader in the law (Law Power 50) by NJBIZ and was included in NJBIZ’ Power 50 Health Care list from 2019 – 2021. He was also named to ROI-NJ’s list of top Healthcare Influencers in New Jersey in 2019 and 2021. In 2017, he was appointed to Governor Phil Murphy’s Transition Team. He was also designated a top healthcare transaction lawyer of 2017 by The Ambulatory M&A Advisor.

In 2015, John was recognized as a Top Legal Leader for New York and New Jersey by American Lawyer Media (ALM) and, in 2013, he was named a “Top Rated Lawyer in Health Care” by ALM and Martindale-Hubbell. John was also named the “Newark Area Best Lawyers Health Care Lawyer of the Year” for 2011 and 2012 and, in 2010 and 2011, John was a finalist for NJBIZ’ “Executive of the Year.”

Professional Memberships

Board of Trustees, Mountain Ridge Country Club

Member, American Health Lawyers Association

Member, Essex County Bar Association

Member, American Bar Association

Member, New Jersey State Bar Association

Member, Governor Phil Murphy’s Transition Team, 2017

President, Mountain Ridge Country Club, West Caldwell, NJ, 2012 – 2016

President, Mountain Ridge Country Club Foundation, West Caldwell, NJ, 2016 – Present

Work Highlights

Each matter handled by John depends on its unique facts and particular legal circumstances. The following are a list of results obtained by John on behalf of his clients:

Represented the owners of large multi-specialty ambulatory surgery center in the sale of a majority ownership to a large private-equity backed operator of healthcare facilities and provider of healthcare facility management services.

Represented a prominent regional hospital system in its $100 Million acquisition of another healthcare system

Represented an ophthalmology ASC and related medical practice in a $30 Million sale to a private equity firm.

Represented a gastroenterology practice in a $17 Million hospital joint venture with private equity backing.

Represented an orthopedics and sports medicine practice in the $20 Million sale of its practice to a large health system and the employment of its physicians

Represented an ASC in the $12 Million sale of majority equity stake to a hospital acquiror.

Establishment of single specialty medical practice comprising over 100 physicians.

Represented the seller entity in a stock sale acquisition by a private equity sponsored medical and management (administrative services organization, or ASO) supergroup, which maintains practices throughout various states. The physician-owners of the seller-entity have become employees and equity holders in the buyer since the start of this deal.

As a result of legislative changes in New Jersey, all registered ambulatory surgical practices must adhere to specific regulations and complete an application in order to become licensed by the New Jersey Department of Health. Brach Eichler represents these entities and assists with all aspects of the licensure.

Due to Brach Eichler’s extensive experience in healthcare and strategic planning, the firm was engaged by several medical practices to counsel on the creation of Management Service Organizations to help position them for private equity transactions.

*Results may vary depending on your particular facts and legal circumstances.

Education

Awards