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  • videocam On-Demand
  • card_travel Health
  • schedule 90 minutes

Due Diligence in Healthcare Private Equity Transactions

Minimizing Regulatory, Corporate Practice of Medicine, and Other Risks

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About the Course

Introduction

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.

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.

Presented By

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

Mr. Prives 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 health care 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 health care client base, representing both for-profit and not-for-profit health systems, physician groups, academic medical centers, ambulatory surgery centers (ASCs), 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 health care, Mr. Prives brings considerable experience in corporate law, regularly advising on mergers and acquisitions, contractual negotiations, regulatory compliance, and due diligence across various industries.

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.

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


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, January 26, 2023

  • schedule

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

  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

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?