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
This CLE webinar will guide counsel on due diligence measures that effectively identify and mitigate risks and liabilities in healthcare transactions. The panel will discuss the legal issues in healthcare due diligence, including key healthcare risk areas and requirements, compliance programs, certificates of need, ownership changes, licenses, and permits. The panel will offer best practices for conducting due diligence in healthcare transactions.
Outline
- Due diligence structure and implementation
- Legal issues and potential risks
- Successor liability
- Pending or threatened litigation
- Provider agreements
- Stark and AKS
- FCA
- HIPAA
- Compliance programs
- Medicare/Medicaid CHOW
- Licenses and certificates of need
- Permits
- Unique issues when the transaction is between a nonprofit organization and a for-profit organization
- 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
Glenn P. Prives, Esq.
Shareholder
Baker, Donelson, Bearman, Caldwell & Berkowitz
With a reputation for practical, results-driven solutions, Mr. Prives excels at managing high-stakes transactions and... | Read More
With a reputation for practical, results-driven solutions, Mr. Prives excels at managing high-stakes transactions and negotiating complex deals that align with his clients' goals. His extensive experience spans critical areas such as hospital-physician alignment, mergers and acquisitions, private equity transactions, joint ventures, strategic alliances, due diligence reviews, licensure matters, and health care information technology. He is also experienced in healthcare compliance, providing guidance on key regulatory matters, including the Stark Law, the Anti-Kickback Statute, HIPAA, and the corporate practice of medicine doctrine. Mr. Prives serves a diverse healthcare client base, representing both for-profit and not-for-profit health systems, physician groups, academic medical centers, ambulatory surgery centers, home health agencies, laboratories, telemedicine companies, medical billing companies, dental groups, and substance abuse centers. His experience also extends to advising private equity firms, investment funds, family offices, and investors in the health care sector. Beyond healthcare, Mr. Prives brings considerable experience in corporate law, regularly advising on M&As, contractual negotiations, regulatory compliance, and due diligence across various industries.
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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
Mr. Souter is known for his legal and educational experience in the healthcare industry, making him a sought-after resource for clients and students alike. His primary areas of practice are related to transactional and administrative healthcare, corporate, securities and antitrust matters. Mr. Souter is also a Professor of Healthcare Studies at Baylor University School of Law where he oversees the healthcare law program and teaches Healthcare Law, Healthcare Fraud and Abuse and Regulation of Healthcare Professionals. He is also involved with the Robbins Institute for Health Policy and Leadership at the Baylor University Hankamer School of Business where he teaches Healthcare Law and Ethics in its M.B.A. in Healthcare Administration Program and Executive M.B.A. Program.
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