Due Diligence in Healthcare Transactions: Mitigating Risks

Provider Agreements, Licenses and Certificates of Need, Change of Ownership, Compliance and Regulatory Issues

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


Conducted on Wednesday, December 1, 2021

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE webinar will guide counsel in healthcare transactions on due diligence measures that effectively identify and mitigate risks and liabilities. The panel will discuss the legal issues to address in healthcare due diligence, including key healthcare risk areas and requirements, compliance programs, certificate of need, ownership changes, licenses, and permits. The panel will offer best practices for conducting due diligence in healthcare transactions.

Description

Due diligence, a necessary component of any healthcare transaction, will identify shortcomings in healthcare law and regulation compliance. It should mitigate potential exposure to liability and is vitally important in healthcare transactions due to the industry's highly regulated nature.

Counsel should review the other party's existing agreements and relationships for regulatory compliance, including the Anti-Kickback Statute, Stark Law, and False Claims Act. There may also be exposure to potentially significant liability with protected health information under HIPAA and HITECH.

Often nonprofit organizations enter into transactions with for-profit entities. Due diligence is essential in these transactions so that the nonprofit can maintain its tax-exempt status.

Listen as our authoritative panel of healthcare attorneys examines due diligence in healthcare 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, certificate of need, ownership changes, 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 and potential risks
    1. Successor liability
    2. Pending or threatened litigation
    3. Provider agreements
    4. Stark and AKS
    5. FCA
    6. HIPAA
    7. Compliance programs
    8. Medicare/Medicaid CHOW
    9. Licenses and certificates of need
    10. Permits
  3. Unique issues when the transaction is between a nonprofit organization and a for-profit organization
  4. Best practices

Benefits

The panel will review these and other vital issues:

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

Faculty

Prives, Glenn
Glenn P. Prives

Partner
Greenbaum Rowe Smith & Davis

Mr. Prives concentrates his practice in the areas of healthcare and corporate law.  His experience on behalf of...  |  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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