Becker's ASC Review

January/February 2022 Issue of Becker's ASC Review

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37 TRANSACTIONS Private equity surgery acquisition trends: 6 things to know By Patsy Newitt T he number of surgical services and facilities funded and acquired by private equity firms has increased over the past 20 years, according to a cross sectional study published Nov. 1 in JAMA Surgery. The study examined acquisition and funding of surgical practices and facili- ties from Jan. 1, 2000, to Oct. 30, 2020, using financial databases Zephyr, S&P Global and Privco. Six things to know: 1. The study found that 193 investments were made by 101 PE firms to acquire or fund facilities. 2. Fifty-two percent involved ASCs, and 48 percent involved surgical services 3. Most investments, 61 percent, led to the acquisition of the facility. 4. The number of PE investments increased each year — from four in 2000 to 19 in 2019. 5. The mean price of the acquisitions was $143 million. 6. Most practices acquired and funded by PE firms were in the South, however, after 2016, the number was similar among census regions. n 3-building Tennessee property with ASC sold to private equity firm By Patsy Newitt A three-building medical office portfolio with an ASC in Knoxville, Tenn., has been acquired by a private equity group. The portfolio was sold to Kansas City Mo.-based Crown MedRealty Partners, Al- len Inman, managing partner of seller Capital Real Estate Group, said Dec. 10. The 45,359-square-foot property is leased to an ophthalmology group and features a joint venture ASC from AmSurg and practicing surgeons. n US Eye completes North Carolina acquisition By Marcus Robertson S arasota, Fla.-based multispecialty practice US Eye has expanded into North Carolina with the closing of its acquisition of Elizabeth City, N.C.- based Albemarle Eye Center and Precision Eye Care, according to a Dec. 9 Chowan Herald report. Albemarle Eye Center and Precision Eye Care offers LASIK, laser cataract surgery, glaucoma treatment, eye exams and oculoplastic services, according to the report. Three ophthalmologists and five optometrists operate out of the practice's six locations. With the addition, US Eye has 50 locations nationwide, the report said. n Surgery Partners wins $45M in settlement over $760M ASC acquisition By Patsy Newitt B rentwood, Tenn.-based Surgery Partners received $45 million in a settlement against HIG Capital and Bain Capital Investors over a $760 million acquisition of an ASC in 2017, the parties told Delaware Chancery Court on Nov. 23, according to a Law360 report. e settlement resolves a suit filed aer Surgery Partners acquired National Surgical Healthcare allegedly using arrangements that led to an unfair price for public stockholders. e deal involved three transactions: 1. HIG sold all its shares in Surgery Partners to Bain for $502.7 million. 2. Surgery Partners sold new preferred shares to Bain for $310 million. 3. Surgery Partners bought the ASC from Irving Place Capital for $760 million. According to the original suit filed by Sur- gery Partners shareholder Melvyn Klein in December 2017, Bain increased the price it would pay for the common stock to receive a more favorable transaction. In 2018, the Delaware Chancery Court threw out a direct claims suit against the three par- ties for breach of fiduciary duty, but it upheld derivative claims for breach of fiduciary duty against HIG and aiding and abetting claims against Bain. Under the proposed settlement, Bain will pay $12.5 million and HIG will pay $32.5 million. n

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