Private Equity Due Diligence in Healthcare Transactions

Thursday, March 14, 2024 | 2:00 P.M. - 3:00 P.M. ET

McDonald Hopkins Event

Whether your private equity firm engages in healthcare transactions on a regular basis or you are considering your first investment in the healthcare industry, it is important to consider the nuances that are unique to the healthcare sector that could ultimately impact your transaction.

In this webinar presented by McDonald Hopkins’ national Healthcare Practice Group and the Private Equity Practice Group, attorneys Elizabeth Sullivan, Amy Willey, and Patrick Campbell will highlight considerations throughout the lifecycle of a transaction that are unique to the healthcare industry, ranging from preparation, to navigating and negotiating the deal, to post-closing integration. We will also discuss trends in compliance and regulatory enforcement and how these impact deal dynamics, at the same time touching on common business elements in a healthcare transaction.

Topics include:

Professional entity ownership requirements
Fraud and abuse pitfalls in incentive structures
Management service arrangements
Emerging laws on state reporting requirements for healthcare transactions
Government enforcement

Skilled nursing facilities will soon be required to significantly expand their reporting of ownership and control information on newly updated CMS-855A forms. Private equity companies and other organizations like real estate investment trusts have been named as one of the reasons that the expanded reporting for SNFs has been implemented. As such, these organizations should be aware that they may be a part of this reporting through a number of routes.

Over the past 24 months, the U.S. Department of Health and Human Services Office for Civil Rights has brought notable enforcement efforts against several non-profit covered entities and business associates, resulting in instances of six and seven-figure penalties against providers across the county for incidents involving breaches of protected health information.

A new amendment to New York state law, which would have required all healthcare providers to obtain separate consents from patients for treatment and payment is on hold until further guidance is released, according to the New York Department of Health.

Private Equity Due Diligence in Healthcare Transactions

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