David R. Melloh

Partner

mellohd@ballardspahr.com
Tel 612.371.3943
Fax 612.371.3207
Minneapolis

David Melloh is Co-Practice Leader of Ballard Spahr's Health Care Group and has advised health care providers such as hospitals and integrated delivery systems, physician group practices, surgery centers, and dental group practices for his entire career. He has developed a national reputation in hospital-physician integrations, health system acquisitions, as well as ACOs, clinically integrated networks and other provider organizations designed to share economic risk and furnish high-quality health care services. David has closed more than 100 health care transactions in more than 30 states.

David devises strategies to solve complex problems and ensure compliance with applicable laws, including the Stark and anti-kickback statutes, while helping his clients meet business objectives.

David regularly speaks on health care transactional and regulatory matters. He is a regular presenter at American College of Cardiology, American Health Lawyers Association, and other national conferences.

Representative Matters

  • Led acquisition by health care private equity firm of multi-state eating disorder clinic.
  • Counsel to financial sponsors in acquisitions of dermatology, dental, and other professional specialties.
  • Principal counsel on the acquisition of an Upper Midwest practice of more than 100 physicians, including an 80-bed hospital owned by the physicians.
  • Completed consolidation of Dakotas-based regional health system with a 350-bed tertiary care hospital, including developing an Affiliation Agreement, negotiating the resolution of governance issues and obtaining antitrust and other governmental approvals.
  • Advised health care private equity firms on transactional and regulatory matters for portfolio companies, including hospital outsourcing and derma practice management providers.
  • Successfully negotiated settlement with the HHS Office of Inspector General of a False Claims Act matter for a multi-state home care agency.
  • Advised New Mexico hospital on Stark compliance issues, including CMS self-disclosure protocol.
  • Developed ACO for regional Minnesota health system.
  • Counsel to largest integrated health system in Michigan on major provider initiative.
  • General counsel to one of the nation's largest independent dental practices, including in acquisition and regulatory matters.
  • Implemented quality- and efficiency-focused service line management arrangements between several Nebraska hospitals and medical staff physicians.
  • Advised 15-facility Southwestern health system on specialty physician acquisitions.
  • Led startup and "Series A" and "Series B" investments in provider of on-demand mobile urgent care services.
  • Lead counsel in the sale of a 90-physician multi-specialty group to a Minnesota hospital system.
  • Developed and implemented a leading-edge cardiovascular services management venture between Texas cardiologists and a major regional hospital.
  • Lead counsel in the sale of California HMO with more than one million members.
  • Completed the purchase for a large Dakotas-based hospital system of a 20-physician practice, including ASC, lab, and real property holdings.
  • For a large group of Rocky Mountain orthopedic surgeons, restructured an ASC venture to comply with the anti-kickback "safe harbor."
  • Lead counsel in the acquisition of a Montana hospital and surgery center for a multi-state integrated system.
  • For a Virginia hospital system, orchestrated the implementation of an endoscopy-lab joint venture, including developing the transaction structure and completing a comprehensive legal and regulatory analysis.
  • Advised 50 physicians on structuring issues relating to an ASC limited partnership, including negotiating extensively with a national surgery center management company.

Professional Activities

Hennepin County Bar Association, Member

Minnesota State Bar Association, Health Law section, past Chair

American Health Lawyers Association, Member

Recognitions and Accomplishments

The Best Lawyers in America, health care law, 2011, 2017-2020; "Lawyer of the Year," Health Care Law (Minneapolis), 2014

Minnesota Super Lawyers

Minnesota Physician – Top Health Care Attorneys

Martindale-Hubbell AV® Rated

Minnesota Business – "Business Partners Dream Team – Health Care"

Publications

Contributor, "The Healthcare Executive's Guide to Physician-Hospital Alignment," January, 2013

Vanderbilt Law School (J.D. 1987, Vanderbilt Law Review, Order of the Coif)

University of Minnesota (M.A. 1984)

Carleton College (B.A. 1982)

Minnesota