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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Health

Date & Time
  • event Date

    Thursday, January 26, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will guide counsel in healthcare private equity transactions on due diligence measures that effectively identify and mitigate risks and liabilities. The panel will address the regulatory and corporate practice of medicine issues that should be considered during the due diligence process.

Faculty

Patrick D. Souter
Of Counsel
Gray Reed & Mcgraw LLP

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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Glenn P. Prives
Shareholder
Baker, Donelson, Bearman, Caldwell & Berkowitz PC

Mr. Prives helps clients navigate the strict regulatory structure of the healthcare industry. Clients appreciate that he is a practical healthcare and corporate law attorney who negotiates hard to get their deals done. His experience on behalf of healthcare clients encompasses hospital-physician alignment, private equity transactions, mergers and acquisitions, affiliations, alliances, strategic transactions, joint ventures, recruitment matters, the drafting and negotiation of contractual agreements, healthcare information technology issues, integrated delivery systems (population health), and clinical integration matters. Clients also seek out his advice on a variety of healthcare regulatory matters, including the Stark Law, the Anti-Kickback Statute, state self-referral laws, fraud and abuse, HIPAA, health care reform, Medicare and Medicaid issues, coverage and overpayment issues, compliance, regulatory and due diligence reviews, licensure and certification issues, the corporate practice of medicine, and fee-splitting laws.

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Description

Private equity firms play an active role in healthcare deals. As with any healthcare deal, the parties involved in healthcare private equity transactions should conduct thorough due diligence before closing the deal. The parties should consider potential successor liability, pending or threatened litigation, current contracts that could trigger penalties, and more. Because healthcare entities are highly regulated, parties to these transactions should conduct significant healthcare regulatory due diligence.

Counsel should also review current ownership structures to minimize the risk of corporate practice of medicine issues. Other regulatory considerations during the due diligence process include compliance with Stark Law, Anti-Kickback Statute, False Claims Act, and HIPAA, as well as the state law equivalents.

Listen as our authoritative panel examines due diligence in healthcare private equity transactions and why the due diligence process should be carefully structured and implemented. The panel will discuss the legal issues to address in healthcare due diligence, including key healthcare risk areas and requirements, compliance programs, Medicare/Medicaid changes of ownership, licenses, and permits. The panel will offer best practices for conducting due diligence in healthcare transactions.

Outline

  1. Due diligence structure and implementation
  2. Legal issues/risks to address
    1. Successor liability
    2. Pending or threatened litigation
    3. Stark
    4. AKS
    5. FCA
    6. HIPAA
    7. Compliance programs
    8. Medicare/Medicaid CHOW
    9. Licenses
    10. Permits
  3. Best practices

Benefits

The panel will review these and other high risk issues:

  • What hurdles do counsel encounter when involving private equity firms in healthcare transactions?
  • What are the critical regulatory due diligence issues in healthcare private equity transactions?
  • What are the most effective processes for conducting due diligence in a timely and cost-effective manner?