JOAs in Healthcare: Regulatory Compliance, Maintaining Tax-Exempt Status in Virtual Merger Arrangements
Note: CPE credit is not offered on this program
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will prepare healthcare counsel to structure joint operating agreements (JOAs) that meet regulatory requirements. The panel will address key factors in maintaining the tax-exempt status of the hospital and healthcare systems involved in the virtual merger.
Outline
- Meeting regulatory requirements
- Anti-kickback
- Antitrust
- Maintaining tax-exempt status
- Integral part
- Relatedness
- IRS guidance
- Best practices
Benefits
The panel will review these and other key questions:
- What regulatory challenges do hospitals, healthcare systems, and their counsel face in structuring JOAs?
- What factors should counsel consider to avoid losing tax-exempt status in the JOA transaction?
- What are best practices for counsel when structuring JOAs?
Faculty
Thomas E. Dutton
Partner
Jones Day
For 38 years, Mr. Dutton has helped hospitals, health systems, insurance companies, and large physician groups design... | Read More
For 38 years, Mr. Dutton has helped hospitals, health systems, insurance companies, and large physician groups design and successfully implement cutting-edge integration and delivery strategies. He has led deal teams in innovative service line revenue mergers; dozens of hospital, HMO, insurance company, and clinical laboratory mergers, acquisitions, and joint operating agreements; statewide/multistate health system collaboratives; and distressed company transactions. Mr. Dutton has handled dozens of specialty/primary care physician practice acquisitions, including physician private equity transactions, and developed regulatory-compliant physician employment compensation models, created dozens of provider-based clinics and co-management arrangements, developed accountable care organizations (ACOs) and advised regarding the use of ACO waivers, and implemented every type of physician-hospital joint venture. Mr. Dutton is a frequent lecturer at national conferences on the latest models for physician-hospital integration and has authored numerous articles on health law-related topics.
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Ethan E. Rii
Shareholder
Vedder Price
Mr. Rii focuses his practice on healthcare transactions and regulatory matters surrounding mergers and acquisitions,... | Read More
Mr. Rii focuses his practice on healthcare transactions and regulatory matters surrounding mergers and acquisitions, corporate restructurings and joint ventures for hospitals, health systems, multispecialty and large physician practices, specialty and ancillary care providers, managed care organizations, private equity firms and financial institutions investing in the healthcare space. He counsels clients on healthcare compliance issues, including fraud and abuse and related matters, such as physician referral and anti-kickback regulations.
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