Healthcare M&A and Assessing Material Regulatory Risks: Reimbursement, Fraud and Abuse, Licensure, Privacy

A live 90-minute CLE video webinar with interactive 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.

Wednesday, June 15, 2022

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, May 20, 2022

or call 1-800-926-7926

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.

Description

Understanding the material healthcare regulatory risks that an acquirer may face is critical to an effective acquisition.

Understanding the risks improves the likelihood that the acquirer will be able to mitigate such risk. Specific risks will depend on the target company’s sector, and may include items such as licensure, conditions of participation, financial relationships with potential referral sources, HIPAA, and regulatory healthcare compliance programs. Enforcement mechanisms vary based on the sector, and generally include fines, penalties, and administrative actions (e.g., exclusion from Medicare/Medicaid).

Due diligence must be conducted to determine if the target company has any material healthcare issues (e.g., significant fines, penalties, inability to bill certain claims).

Representations and warranties in transaction documents that are specific to material health care risks are also essential as both a mechanism for allocating risk between buyer and seller as well as a matter of buyer diligence.

As noted above, with heightened government scrutiny of potential fraud and abuse issues, as well as privacy issues (among others), acquirers should conduct fraud and abuse diligence to minimize the likelihood that they inherit such liability.

Listen as our authoritative panel of healthcare regulatory attorneys examines the material health regulatory risks in healthcare M&A. 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.

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Outline

  1. Material health regulatory risks in healthcare M&A
  2. Diligence requests
  3. Addressing risks in transaction documents
  4. 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

Borgeson, Lindsay
Lindsay M. Borgeson

Partner
Kirkland & Ellis

Ms. Borgeson focuses on healthcare regulatory and transactional matters for healthcare investors, lenders, and...  |  Read More

Markenson, Ari
Ari J. Markenson

Partner
Venable

Mr. Markenson practices at the intersection of healthcare, law, and business. He advises healthcare industry clients,...  |  Read More

Attend on June 15

Early Discount (through 05/20/22)

Cannot Attend June 15?

Early Discount (through 05/20/22)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. 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:

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