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.
Member
Epstein Becker & Green
Mr. Prives helps clients navigate the strict regulatory structure of the healthcare industry. Clients appreciate that... | Read More
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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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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