david g. cleveland
Senior Counsel
Atlanta
Overview
Dave Cleveland is known for guiding hospitals through corporate growth and change. Throughout his 35-year career, Dave has helped innumerable hospitals and other healthcare entities of all sizes negotiate and close acquisitions, restructurings, financings, and divestitures. His leadership and business-focused approach ensures that the transactions his clients undertake are smooth and efficient.
Deeply knowledgeable about the special issues raised by healthcare combinations, Dave’s work covers all manner of hospital ventures. These include hospital acquisitions, development of hospital/physician joint ventures, structuring managed care networks and integrated delivery systems, and establishing institutes of excellence, including heart institutes. Dave also assists his hospital clients to develop primary care strategies and obtain private letter rulings from the Internal Revenue Service approving the implementation of multi-entity healthcare systems. In structuring all such ventures, Dave brings experience in evaluating tax-exemption and Medicare fraud and abuse principles.
Dave is passionate about helping his clients achieve their objectives. His wide range of experience helps him identify issues early in the transaction process and steer the deal to the right outcome. And with his responsive, calming communication style, Dave is uniquely skilled at building the rapport and trust required to not only close deals, but have the parties look forward to working with each other again.
Experience
- Served as transaction counsel for hospital client in connection with the acquisition of a 276-bed acute care hospital. The transaction extended the hospital system for the first time beyond the metro Atlanta area. The transaction was accomplished pursuant to a Member Substitution Agreement and required a public hearing and formal Report of Findings from the Attorney General of the State of Georgia under the Georgia Hospital Acquisition Act.
- The firm has served as lead counsel to a hospital client throughout the past two years in negotiations, contracting, due diligence, and documentation surrounding the consolidation of a multi-hospital non-profit health system with another major non-profit health system in South Florida.
- Represented a medical center in Alabama in connection with its transfer of operations of an affiliated rural hospital.
- Participated in corporate restructurings of numerous major community hospitals in the Southeast, including three Georgia hospitals with 450, 350 and 300 beds, respectively.
- Participated in corporate restructurings of three Florida hospitals with 1,000, 900 and 500 beds, respectively.
- Participated in corporate restructuring of a 400-bed Alabama hospital.
- Represented numerous restructured hospital systems in connection with litigation in both Georgia and Florida, which impacted various laws affecting restructured hospitals.
- Engaged in numerous tax-exempt bond financings for hospitals totaling in excess of $300,000,000.
- Represented numerous hospitals and health systems in connection with acquisitions of hospitals, physician group practices, cancer treatment centers, ASCs, imaging centers, and other ancillary providers.
Thought Leadership
- Presenter: "Stark II Regs From a Hospital Perspective," Healthcare Conference, Georgia Society of CPAs, 2005
- Presenter: "Managed Care-Community Integration: Development of Integrated Healthcare Delivery Systems," GA Chapter of HFMA, 1997
- Presenter: "Managed Care - Community Integration: Development of Integrated Healthcare Delivery Systems," Executive Seminar on Managed Care, Georgia Chapter of HFMA and Mercer University, 1996
- Presenter: "Hospital-Physician Relations: Recruitment, Employment, Acquisitions, and Incentives," Dixie Institute, HFMA Region 5, 1993
- Presenter: "Hospital-Physician Arrangements: Medicare Fraud and Abuse Issues; Tax Exemption Considerations; Physician Reimbursement and Primary Care Strategies," Annual Meeting, Georgia Academy of Hospital Attorneys, 1993
- Presenter: "Maintaining Tax Exempt Status in an Era of Reform and Consolidations," Summer Institute, HFMA, 1993
- Chairperson - 2nd Annual Seminar on Health Care Law, ICLE, 1992
- Presenter: "Legal Issues in Defending a Hospital's Tax-Exempt Status," 2nd Annual Seminar on Health Care Law, ICLE, 1992
- Presenter: "Corporate Restructuring of Georgia Hospital Authority Hospitals," Seminar on Health Care Law, ICLE, 1991
- Presenter: "Healthcare Capital Financing," Spring Institute, Georgia Chapter of HFMA, 1985
- Presenter: "Tax Exempt Financing of Long Term Care Facilities," Ninth Annual Symposium on Long Term Care and the Law, National Health Lawyers Association, 1984
Areas of focus
- Healthcare
- Healthcare Transactions
- Healthcare Regulatory, Reimbursement & Compliance
- Mergers & Acquisitions; Joint Ventures & Strategic Alliances
Education
- University of Georgia School of Law (J.D., 1981) Member, Editorial Board, Georgia Law Review, 1979-1980
- Duke University (B.A., magna cum laude, 1978)
Accolades
- Recognized as one of Georgia's "Top Rated Lawyers" by Martindale-Hubbell and ALM (2012)
Professional affiliations
- United Way Campaign Chair for the Firm, 1989 to present
- American Health Lawyers Association
- Georgia Academy of Healthcare Attorneys
- State Bar of Georgia
- 2nd Grade Sunday School Teacher, Cathedral of Christ the King, 1986-2011
- Co-Chair, Metro Atlanta Legal Unit Campaign, United Way of Atlanta, 2001
- Chairman, Board of Education, Christ the King School, 1994-1995
Admitted to practice
- Georgia