Healthcare M&A and Assessing Material Regulatory Risks: Reimbursement, Fraud and Abuse, Licensure, Privacy
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide healthcare counsel on evaluating regulatory risks in healthcare mergers and acquisitions. The panel will discuss some diligence requests to address such risks in pre-transaction diligence and how to address these risks in transaction documents. The panel will offer best practices for mitigating these material regulatory risks.
Outline
- Material health regulatory risks in healthcare M&A
- Diligence requests
- Addressing risks in transaction documents
- Best practices for mitigating regulatory risks
Benefits
The panel will review these and other key issues:
- What should be addressed in due diligence?
- How should transaction documents allocate risk appropriately through representations and warranties?
- What best practices should counsel employ to mitigate regulatory risks?
Faculty
Lindsay M. Borgeson
Partner
Kirkland & Ellis
Ms. Borgeson focuses on healthcare regulatory and transactional matters for healthcare investors, lenders, and... | Read More
Ms. Borgeson focuses on healthcare regulatory and transactional matters for healthcare investors, lenders, and providers. She counsels clients on a broad range of healthcare-related matters, including state laws related to licensure and the corporate practice of medicine, federal healthcare fraud and abuse laws such as the Anti-Kickback Statute and the Stark Law, and other related regulatory matters. She also routinely counsels clients on federal privacy matters. She is regularly called upon to advise on large corporate transactions involving healthcare regulatory matters. Such transactions frequently involve strategic acquirers, including private equity funds, and cover a broad spectrum of healthcare services.
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Ari J. Markenson
Partner
Venable
Mr. Markenson practices at the intersection of healthcare, law, and business. He advises healthcare industry clients,... | Read More
Mr. Markenson practices at the intersection of healthcare, law, and business. He advises healthcare industry clients, including investors, lenders, providers, and suppliers, on a broad range of regulatory and corporate matters, and has significant experience conducting due diligence in complex healthcare industry acquisitions and financial transactions. He regularly represents private equity firms and lenders in such transactions and evaluates and advises on compliance and regulatory issues with regard to sellers and potential borrowers from banks and financing sources. He also advises various healthcare entities on regulatory matters, including conditions for participation, fraud and abuse, and survey, certification, licensure, and enforcement issues, Medicare and Medicaid conditions for participation, obtaining a certificate of need approval, and state licensure.
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