Buying and Selling Long-Term Care Facilities: Overcoming Complex Regulatory and Business Challenges

Navigating CONs, Reimbursement, Licensure, Medicare and Medicaid Issues, Valuation, Anti-Kickback, and More

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, August 26, 2015

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide guidance to healthcare counsel involved in buying and selling long-term care facilities and the complex business and regulatory issues involved. The panel will offer guidance on structuring the arrangements and conducting due diligence.


Buying and selling of long-term care facilities is at historic levels. The acquisition and sale of long-term care facilities requires sophisticated knowledge of business and regulatory issues to complete the transaction while protecting the parties from potential liabilities and unanticipated delays.

Acquiring long-term care facilities involves traditional business issues, as well as issues specific to the healthcare industry such as licensure, certificates of need, reimbursement, anti-kickback, and billing, among others. To save time and expense, healthcare counsel must anticipate and address challenges to minimize risks in a transaction.

As M&A activity continues to increase in the healthcare industry, counsel must carefully conduct due diligence with a thorough understanding of the complex and unique issues to successfully execute transactions while minimizing liability.

Listen as our authoritative panel examines the current environment for buying and selling long-term care facilities as well as analyzes the many legal issues that arise including: CONs, reimbursement, licensure, Medicare and Medicaid issues, anti-kickback, and more. The panel will address new developments and offer best practices for structuring the arrangements and conducting due diligence



  1. Current environment for buying and selling long-term care facilities
  2. Legal considerations and challenges
    1. Reimbursement
    2. Licensure
    3. Contract and indemnity issues
    4. Medicare issues
    5. Medicaid issues
    6. Successor liability
    7. Anti-kickback
    8. CONs
    9. Others
  3. Best practices for structuring the arrangements and conducting due diligence


The panel will review these and other key issues:

  • What are the key legal concerns when buying or selling long-term care facilities?
  • What compliance risks related to continued use do entities acquiring long-term care facilities face?
  • What are the best practices for counsel in the due diligence process?


Richard Faulkner, Jr.
Richard Faulkner, Jr.

Baker Donelson

Mr. Faulkner concentrates his practice in the areas of health care, real estate and finance. His experience spans...  |  Read More

Thomas D. Vaughn
Thomas D. Vaughn

Husch Blackwell

Mr. Vaughn focuses his practice in the areas of healthcare, life sciences and education. He represents clients in the...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video