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  • videocam On-Demand
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  • schedule 90 minutes

Private Equity Transactions in Healthcare: Stark, AKS, and Other Compliance Challenges

Structuring Purchase Price, Restrictive Covenants, Indemnities, Equity Rollovers, and More

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Description

Private equity firms play an active role in healthcare deals. The healthcare sector is seeking and drawing private equity firms' attention for investment in long-term care, urgent care, surgery centers, health IT companies, behavioral health, and dental practices. Many shifted their attention to telehealth when the COVID-19 pandemic hit.

Counsel must consider several factors when structuring private equity transactions, including purchase price issues, deal structure, and tax implications, as well as Stark, Anti-Kickback Statute, and other regulatory matters.

Listen as our authoritative panel examines the nuts and bolts of healthcare private equity transactions. The panel will discuss purchase price considerations, tax structures, deal terms, and indemnities. The panel will also guide in addressing regulatory issues in healthcare private equity transactions.

Presented By

Scott Paterson
Withum
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

    Tuesday, September 12, 2023

  • schedule

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

  1. Purchase price considerations
  2. Deal and tax structuring and the impact of legacy tax structures and the corporate practice of medicine
  3. Common deal terms and indemnities
  4. Regulatory issues
  5. Restrictive covenants
  6. 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?