Successor Liability in Hospital M&A: Assessing and Mitigating Risk Exposure

Managing the Impact on Transaction Structure, Allocating Risk, and Addressing Medicare Issues

Recording of a 90-minute CLE webinar with 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.

Conducted on Wednesday, April 2, 2014

Recorded event now available

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Course Materials

This CLE course will provide guidance to healthcare counsel involved in hospital mergers and acquisitions to deal with successor liability and the issues impacted by it. The panel will offer best practices for mitigating the risks of successor liability in healthcare M&A.


The ACA has prompted the current trend of consolidation in the healthcare industry. Hospital M&As are on the rise again as providers search for ways to improve quality of care while containing the costs. However, risks accompany such consolidation.

As with other business transactions, successor liability plays a significant role in hospital transactions. Medicare and other government program obligations can be substantial. The impact of successor liability is felt in other aspects of the transaction, including structure and due diligence.

Healthcare counsel must understand the risks posed by the successor liability involved in a hospital merger or acquisition and mitigate such risks.

Listen as our authoritative panel of healthcare attorneys examines successor liability in healthcare transactions with both for-profit and nonprofit hospitals. The panel will address key issues impacted by successor liability, including transaction structure, Medicare enrollment issues, and risk allocation. The panel will offer best practices for mitigating the risks of successor liability in healthcare M&A.



  1. Successor liability in hospital M&A
  2. Issues implicated by potential successor liability concerns
    1. Structure
    2. Risk allocation
    3. Medicare and other government programs
  3. Best practices for mitigating the risks of successor liability


The panel will address these and other key questions:

  • What difference does being a nonprofit facility vs. a for-profit facility make in determining successor liability?
  • What aspects of the transaction are impacted by the determination of how much seller liability the buyer will absorb?
  • What tools can counsel use to mitigate successor liability risks in healthcare transactions?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Paul F. Lawrence
Paul F. Lawrence

McDermott Will & Emery

Mr. Lawrence concentrates his practice on mergers, acquisitions, affiliations, dispositions and complex business...  |  Read More

Threlkeld, Robert
Robert C. Threlkeld

Morris Manning & Martin

Mr. Threlkeld has substantial experience in Medicare and Medicaid fraud and abuse matters, managed care disputes,...  |  Read More

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