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 video webinar with Q&A
This CLE course 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.
Outline
- 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
Benefits
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?
Faculty
Scott W. Paterson, JD, LLM
Tax Principal
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.
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Glenn P. Prives, Esq.
Shareholder
Baker, Donelson, Bearman, Caldwell & Berkowitz
With a reputation for practical, results-driven solutions, Mr. Prives excels at managing high-stakes transactions and... | Read More
With a reputation for practical, results-driven solutions, Mr. Prives excels at managing high-stakes transactions and negotiating complex deals that align with his clients' goals. His extensive experience spans critical areas such as hospital-physician alignment, mergers and acquisitions, private equity transactions, joint ventures, strategic alliances, due diligence reviews, licensure matters, and health care information technology. He is also experienced in healthcare compliance, providing guidance on key regulatory matters, including the Stark Law, the Anti-Kickback Statute, HIPAA, and the corporate practice of medicine doctrine. Mr. Prives serves a diverse healthcare client base, representing both for-profit and not-for-profit health systems, physician groups, academic medical centers, ambulatory surgery centers, home health agencies, laboratories, telemedicine companies, medical billing companies, dental groups, and substance abuse centers. His experience also extends to advising private equity firms, investment funds, family offices, and investors in the health care sector. Beyond healthcare, Mr. Prives brings considerable experience in corporate law, regularly advising on M&As, contractual negotiations, regulatory compliance, and due diligence across various industries.
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Patrick D. Souter
Of Counsel
Gray Reed & McGraw
Mr. Souter is known for his legal and educational experience in the healthcare industry, making him a sought-after... | Read More
Mr. Souter is known for his legal and educational experience in the healthcare industry, making him a sought-after resource for clients and students alike. His primary areas of practice are related to transactional and administrative healthcare, corporate, securities and antitrust matters. Mr. Souter is also a Professor of Healthcare Studies at Baylor University School of Law where he oversees the healthcare law program and teaches Healthcare Law, Healthcare Fraud and Abuse and Regulation of Healthcare Professionals. He is also involved with the Robbins Institute for Health Policy and Leadership at the Baylor University Hankamer School of Business where he teaches Healthcare Law and Ethics in its M.B.A. in Healthcare Administration Program and Executive M.B.A. Program.
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