Kelly McGinnis Kluka

Kelly Kluka focuses her practice on sophisticated healthcare transactional, restructuring, liability management, and regulatory matters. She represents behavioral health providers, management and dental service organizations, medical spas, healthcare technology companies, private equity funds, public and private companies, payors, software providers, and health systems, as well as other healthcare providers and entities. She advises them on a broad range of corporate and healthcare matters including transactions, structural and regulatory compliance, licensure, corporate practice of medicine, fee splitting, and fraud and abuse considerations.  

Practice Areas

Representative Matters

Healthcare Providers

• Knox Lane in its pending $437 million acquisition of Cross Country Healthcare (Nasdaq: CCRN), a provider of healthcare workforce solutions*
• Vitruvian Partners in its $637 million investment in DeepIntent, a provider of a healthcare demand-side platform*
• Brightstar Capital Partners in its acquisition of Analyte Health, a provider of digital health services*
• Ascend Capital Partners in its acquisition of Unison Therapy Services*
• GTCR in its investment in Caravel Autism Health, a provider of applied behavior analysis therapy for children on the autism spectrum*
• TPG’s The Rise Fund in its investment in Banyan Treatment Centers, a provider of substance use disorder and mental health services*
• Brookfield Special Investments in its $400 million investment in Sono Bello, a provider of laser liposuction and body contouring*
• Charlesbank Capital Partners in its acquisition of Action Behavior Centers, a provider of Applied Behavior Analysis therapy, from NexPhase Capital*
• Arsenal Capital Partners-backed Hopebridge in its acquisition of Autism in Motion Clinics, a provider of autism treatment*

Health Care technology

• Francisco Partners and Leonard Green & Partners-backed RedSail Technologies in its acquisition of Emporos, a provider of pharmacy software solutions*
• Franciso Partners in the investment in RedSail Technologies, a provider of pharmacy technology and solutions, from Leonard Green & Partners*
• Olympus Partners in the sale of Soliant, a provider of workforce solutions in K-12 school districts and healthcare facilities, to The Vista Group*
• Bain Capital Insurance in its investment in Aptia, a provider of employee benefits and pensions administration service*
• Arby Partners-backed Millennium Trust in its $755 million acquisition of PayFlex, a provider of health savings accounts (HSAs) and consumer-directed benefit administration services, from CVS Health (NYSE: CVS) *
• Parthenon Capital-backed Zelis in its acquisition of Payer Compass, a provider of reimbursement and claims pricing, administration and processing solutions, from Health Equity Partners and Spectrum Equity Management*
• Sheridan Capital Partners-backed SpendMend, a provider of tech-enabled solutions to optimize the cost cycle for the healthcare cost cycle management in its sale to a middle-market private equity team.*
• Envista (NYSE: NVST) in its $600 million acquisition of Carestream Dental’s Scanning Technology business, which includes intraoral scanner equipment and related software*
• Cinven in its acquisition of Nitel, a provider of internet connectivity and networking technology services to multi-site small and medium-sized enterprises*

Life Sciences

• Clearlake Capital-backed Wellness Pet in its sale of production facility in Indiana to United Petfood*
• Altrais in its acquisition of Minaris Regenerative Medicine, a provider of autologous and allogenic manufacturing services for pharmaceutical and biotech customers, from Resonac*
• Eli Lilly and Company (NYSE: LLY) in its $3.2 billion acquisition of Morphic (Nasdaq: MORF), a biotechnology company*
• GTCR in its $627 million acquisition of Surmodics (Nasdaq: SRDX), a provider of medical device and in vitro diagnostic technologies*
• Walters Corp. (NYSE: WAT) in its $1.36 billion acquisition of Wyatt Technology, a provider of light scattering and field-flow fractionation instruments, software, accessories and services*
• TJC in its sale of Worldwide Clinical Trials, a full service contract research organization (CRO), to Kohlberg & Company*
• SK Capital in its acquisition of Apotex, a pharmaceutical company that producers affordable medicines*
• Owens & Minor (NYSE: OMI) in its $1.6 billion acquisition of Apria (Nasdaq: APR), a provider of integrated home healthcare equipment and related services*
• EW Healthcare Partners in its acquisition of Germfree Laboratories, manufacturer of turnkney, mobile and modular cleanrooms and bio contaminants as well as the equipment and services required for critical environments*
• TA Associates in its investment in Interlerad, a provider of enterprise medical imaging solutions*
• Pritzker Private Capital-backed PathGroup, a provider of anatomic, clinical, molecular and digital pathology services, in its majority investment from GTCR*
• Cinven in its investment in BioAgilytix, a contract research organization that provides bioanalytical services to pharmaceutical and biotech companies*

Restructuring

• Center for Autism and Related Disorders, LLC (“CARD”) and four of its affiliates in their Chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of Texas. CARD is one of the nation’s largest treatment providers for individuals diagnosed with autism spectrum disorder. Prior to filing for Chapter 11, CARD entered into a stalking horse asset purchase agreement for a going-concern sale of substantially all of Card’s assets.*
• Envision Healthcare Corp. and 216 of its affiliates in the commencement of pre-arranged Chapter 11 cases. Envision is a leading national medical group that employs or partners with ore than 21,000 clinicians and provides care to patients across the U.S., with nearly 30 million patient visits each year. The two restructuring support agreements contemplate a collective deleveraging of approximately $7.4 billion of secured and unsecured debt and the separation of Envision’s physician services and ambulatory surgical center businesses. *

*matter handled prior to joining Honigman LLP

Prior Experience

• Kirkland & Ellis, Partner
• Polsinelli, Associate
• McGuire Woods, Associate

Education

Admissions