Private Equity Transactions in Healthcare: Stark, AKS, and Other Compliance Challenges
Structuring Purchase Price, Restrictive Covenants, Indemnities, Equity Rollovers, and More
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will guide counsel involved in structuring private equity transactions in the healthcare arena. The panel will discuss the nuts and bolts of structuring the transaction, including purchase price considerations, tax structures, deal terms, and indemnities. The panel will also address approaches to overcome regulatory problems.
- Purchase price considerations
- Deal and tax structuring and the impact of legacy tax structures and the corporate practice of medicine
- Common deal terms and indemnities
- Regulatory issues
- Restrictive covenants
- Equity rollover considerations and structuring of governance, puts/calls, and tag-along/drag-along considerations
The panel will review these and other noteworthy issues:
- What hurdles do counsel encounter when involving private equity firms in healthcare transactions?
- What factors should counsel keep in mind when determining price and deal structure?
- What best practices should counsel employ to ensure regulatory compliance in a healthcare private equity transaction?
Scott W. Paterson, JD, LLM
Senior Tax Manager
Withum Smith & Brown
Mr. Paterson is a member of the firm’s life science and professional services groups. He has 10 years of... | Read More
Mr. Paterson is a member of the firm’s life science and professional services groups. He has 10 years of professional experience specializing in taxation, including tax planning and advisory, with a particular focus on partnership and flow-through tax. Mr. Paterson is also heavily involved in mergers and acquisitions and is a frequent presenter on tax reform.Close
Glenn P. Prives
McElroy Deutsch Mulvaney & Carpenter
Mr. Prives represents a range of healthcare clients and has experience in the areas of hospital-physician alignment,... | Read More
Mr. Prives represents a range of healthcare clients and has experience in the areas of hospital-physician alignment, mergers, acquisitions, affiliations, alliances, joint ventures, numerous types of contractual agreements and healthcare information technology. He also has counseled clients on a variety of healthcare regulatory matters, including Stark, Anti-Kickback, state self-referral laws, HIPAA, and healthcare reform. Mr. Prives is a frequent speaker on healthcare and business issues and is Vice Chair of the AHLA’s Business Law and Governance Practice Group.Close
Roger D. Strode
Foley & Lardner
Mr. Strode's practice focuses on health care business transactions, including mergers, acquisitions, corporate... | Read More
Mr. Strode's practice focuses on health care business transactions, including mergers, acquisitions, corporate restructurings and joint ventures, general corporate matters and health care regulation. His experience includes the representation of institutional health care providers, large physician groups, specialty providers (ASC development organizations), health care private equity firms and industry consultants. He participated as lead counsel in numerous health care and corporate transactions, including the purchase and sale, or transfer of sponsorship of hospitals, health systems, physician practices and health maintenance organizations; the formation of specialty hospitals; and the formation of ancillary services joint ventures.Close