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Buchalter

Mitchell J.  Olejko

Mitchell J. Olejko

Shareholder

Expertise

  • Health Care Law
  • Corporate Law
  • Privacy & Data Security Law

WSG Practice Industries

Activity

Buchalter
Washington, U.S.A.

Profile

Mitchell J. Olejko is a Shareholder in the Firm’s Seattle office. Mr. Olejko represents health care entities in connection with all legal issues from initial program development and ongoing operations through extraordinary transactions such as sales, joint ventures or alliances. With over forty years’ experience in the health care field both as a lawyer and as a senior manager, Mr. Olejko has assisted companies in meeting the challenges of the ever-changing health care environment.

Mr. Olejko represents health systems, hospitals, physician groups (multi-specialty and single-specialty groups), dialysis centers, Internet-based health care companies, genomic companies, skilled nursing facilities, carve-out companies, assisted living facilities, retirement communities, laboratories, home health agencies, medical equipment manufacturers, distributors and providers, preferred provider organizations, super-messenger HMOs, management service organizations, insurers and HMOs and physician-hospital organizations.

Mr. Olejko’s practice includes representation related to ongoing operations, such as obtaining appropriate licensure or permissions for new activities, billing, compliance planning, and other needed legal services, and individual transactions such as contracting for the purchase of physician services and medical equipment. Mr. Olejko regularly works with boards of health care providers on governance issues, board responsibilities and significant transactions. Mr. Olejko regularly counsels buyers or sellers in connection with the purchase or sale of medical practices or institutions. Moreover, he has been involved in transactions that change the essence of a health care institution, by for example, creating strategic alliances or joint ventures, or transforming a nonprofit corporation to a for-profit corporation.

Honors & Awards

  • AV Preeminent rated by Martindale Hubbell
  • Best Lawyers in America (2006-2021), Health Care
  • Chambers USA: America’s Leading Lawyers for Business (2007-2020)
  • Northern California Super Lawyer for 2010-2018
  • 2014 San Francisco Top Rated Lawyer, Health Care

Professional & Civic Activities

  • Former member and Chair of the Committee on Health Law of the Business Law Section of the California Bar Association
  • Past president of the Washington State Society of Hospital Attorneys
  • Past chair of the Federal Committee of the Health Law Section of the Washington State Bar Association
  • Institutional Review board member
  • Former member of the Board of Directors of a health maintenance organization

Memberships & Affiliations

  • American Health Lawyers Association
  • California Society for Healthcare Attorneys
  • Washington State Society of Healthcare Attorneys

Bar Admissions

  • California
  • Oregon
  • Washington

Education

  • Washington University School of Law
  • Boston College
Areas of Practice

Corporate Law | Health Care Law | Privacy & Data Security Law

Professional Career

Significant Accomplishments

  • Assisted a health maintenance organization with respect to tax and governance issues in a transaction involving transfer of control and creation of a community foundation.
  • Assisted a health care district in acquiring the assets of a hospital and then opening a new hospital campus.
  • Assisted a health maintenance organization in choosing between competing proposals to provide hospital services in a major submarket, leading to an agreement under which the HMO would develop a specialty center adjacent to a freestanding hospital, the hospital would expand its facility and the parties would enter into a long-term hospital services agreement.
  • Assisted a major children’s hospital in the renewal of a long-term relationship with a medical school, including establishing a faculty practice plan and creating a new system for recruitment of pediatric sub-specialists with academic appointments.
  • Assisted numerous health care providers in analyzing, modifying and implementing changes to their organization and operational structures.
  • Represented El Camino Hospital as borrower’s counsel in a $160 million bond issue by the California Health Facilities Financing Authority.
  • Participated in negotiation and drafting of agreement creating an accountable care arrangement with an existing IPA to position the client for federal health care reform.
  • Reorganization of a major physician practice into a tax exempt entity and creation of a new medical center including a foundation, a tax exempt hospital and research center. Elements of this transaction included: amending the Washington corporate practice of medicine doctrine to permit nonprofit corporations to practice medicine; creation of the first tax exempt physician practice group in the State of Washington; transferring in a part-gift/part-sale all the assets of two physician partnerships (over $100,000,000 in assets) to the new entity; obtaining a $20,000,000 bridge loan; and refinancing the bridge loan and the debt of the hospital and the new tax exempt physician group through the issuance of over $100,000,000 of tax exempt debt. Following closing, Mr. Olejko assisted in guiding the organization through a successful IRS audit where the IRS found that the purchase price was appropriate.

Articles

  • Removing the Barriers to Coordinated Care: the Stark Law
  • Undoing MICRA


WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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