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Due Diligence in Healthcare Private Equity Transactions

Minimizing Regulatory, Corporate Practice of Medicine, and Other Risks

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, January 26, 2023

Recorded event now available

or call 1-800-926-7926

This CLE course will guide counsel in healthcare private equity transactions on due diligence measures that effectively identify and mitigate risks and liabilities. The panel will address the regulatory and corporate practice of medicine issues that should be considered during the due diligence process.

Description

Private equity firms play an active role in healthcare deals. As with any healthcare deal, the parties involved in healthcare private equity transactions should conduct thorough due diligence before closing the deal. The parties should consider potential successor liability, pending or threatened litigation, current contracts that could trigger penalties, and more. Because healthcare entities are highly regulated, parties to these transactions should conduct significant healthcare regulatory due diligence.

Counsel should also review current ownership structures to minimize the risk of corporate practice of medicine issues. Other regulatory considerations during the due diligence process include compliance with Stark Law, Anti-Kickback Statute, False Claims Act, and HIPAA, as well as the state law equivalents.

Listen as our authoritative panel examines due diligence in healthcare private equity transactions and why the due diligence process should be carefully structured and implemented. The panel will discuss the legal issues to address in healthcare due diligence, including key healthcare risk areas and requirements, compliance programs, Medicare/Medicaid changes of ownership, licenses, and permits. The panel will offer best practices for conducting due diligence in healthcare transactions.

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Outline

  1. Due diligence structure and implementation
  2. Legal issues/risks to address
    1. Successor liability
    2. Pending or threatened litigation
    3. Stark
    4. AKS
    5. FCA
    6. HIPAA
    7. Compliance programs
    8. Medicare/Medicaid CHOW
    9. Licenses
    10. Permits
  3. Best practices

Benefits

The panel will review these and other high risk issues:

  • What hurdles do counsel encounter when involving private equity firms in healthcare transactions?
  • What are the critical regulatory due diligence issues in healthcare private equity transactions?
  • What are the most effective processes for conducting due diligence in a timely and cost-effective manner?

Faculty

Prives, Glenn
Glenn P. Prives, Esq.

Member
Epstein Becker & Green

Mr. Prives helps clients navigate the strict regulatory structure of the healthcare industry. Clients appreciate that...  |  Read More

Souter, Patrick
Patrick D. Souter

Of Counsel
Gray Reed & McGraw

Mr. Souter is known for his legal and educational experience in the healthcare industry, making him a sought-after...  |  Read More

Access Anytime, Anywhere

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

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