On August 31, 2024, California’s legislature passed Assembly Bill 3129 (“AB 3129”), which will be enacted if approved by California Governor, Gavin Newsom. AB 3129 would establish a mandatory approval process for a broad...more
9/5/2024
/ Acquisitions ,
Controlling Stockholders ,
Corporate Practice of Medicine ,
Health Care Providers ,
Healthcare Facilities ,
Hedge Funds ,
Hospitals ,
Pending Legislation ,
Private Equity ,
Private Equity Funds ,
State Attorneys General
Key Takeaways -
..Requires parties to provide notice to the Vermont Attorney General (“VT AG”) for transactions involving Vermont hospitals that are acquiring medical practices.
..The parties must provide 90 days...more
6/21/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Entities ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Parties must obtain approval from the Rhode Island Attorney General (“RI AG”) and Department of Health (“DOH”) for certain transactions involving Rhode Island hospitals.
..Under the statute, the RI...more
6/21/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Entities ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to provide notice to the New York Department of Health (“NYDOH”) of certain transactions involving “health care entities”.
..The parties must provide 30 days notice before closing to...more
6/21/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Entities ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to seek approval from the Oregon Health Authority (“OHA”) for certain healthcare mergers, acquisitions, affiliations and other transactions involving “health care entities”.
..Under...more
Key Takeaways -
..Requires parties to provide notice to the Washington Attorney General (“WA AG”) for certain transactions involving hospitals, hospital systems, and provider organizations, as well as transactions...more
6/21/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to provide notice to the Minnesota Department of Health (“MDH”) and the Minnesota Attorney General (“MN AG”) to determine whether certain mergers, acquisitions, purchases, or sales...more
6/20/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to provide notice to the Nevada Attorney General (“NV AG”) for certain transactions involving “group practices” or “health carriers” in the state.
..The parties must provide notice...more
6/20/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to obtain approval from New Mexico’s Office of Superintendent of Insurance (“NM Office”) for transactions involving New Mexico hospitals.
..The parties must provide 120 days notice...more
Key Takeaways -
..Requires parties to provide notice to the Massachusetts Attorney General (“MA AG”), the Commission, and the Center for Health Information and Analysis for transactions involving certain health facilities...more
Key Takeaways -
..Requires parties to provide notice to the Illinois Attorney General (“IL AG”) for transactions involving certain health care facilities and provider organization group practices.
..The parties must...more
Key Takeaways -
..Requires parties to provide notice to the Connecticut Attorney General (“CT AG”) for certain transactions involving Connecticut group practices, as well as transactions involving a hospital, hospital...more
6/19/2024
/ Acquisitions ,
Affiliated-Business Arrangements ,
Compliance ,
Corporate Practice of Medicine ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to apply for approval from the Hawaii State Health Planning and Development Agency (“HI Agency”) and provide notice to the Hawaii Attorney General (“HI AG”) for transactions involving the...more
Key Takeaways -
..Requires parties to provide notice to the Indiana Attorney General (“IN AG”) relating to certain mergers or acquisitions between an Indiana “health care entity” and another health care entity with total...more
6/19/2024
/ Acquisitions ,
Affiliated-Business Arrangements ,
Affiliates ,
Corporate Practice of Medicine ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
The U.S. healthcare space has grown dramatically in recent years, in large part based on the significant increase in private investment. This has not gone unnoticed, and U.S. healthcare transactions are now facing increasing...more
The following states have proposed, but not passed, additional state healthcare transaction notification laws....more
Earlier this year, Indiana joined a growing number of states by enacting a new notification requirement for certain healthcare transactions. Indiana Senate Bill Number 9 (SB 9), effective July 1, 2024, is likely to require...more
5/21/2024
/ Acquisitions ,
Corporate Practice of Medicine ,
Covered Entities ,
Health Care Providers ,
Hospitals ,
Investors ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians ,
Popular ,
Private Equity ,
State Attorneys General ,
Threshold Requirements
California Senate Bill 184 (SB 184), which was passed in June 2022, created the state Office of Health Care Affordability (OHCA) to contain healthcare spending in California.
Effective for transactions closing on or after...more
On November 15, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a Final Rule that will require skilled nursing facilities (SNFs) to disclose an expanded array of ownership, managerial, and control information...more
12/1/2023
/ Affordable Care Act ,
Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Change of Ownership ,
Data Collection ,
Disclosure Requirements ,
Effective Date ,
Final Rules ,
Health Care Providers ,
Internal Revenue Code (IRC) ,
Medicaid ,
Medicare ,
Private Equity Firms ,
REIT ,
Skilled Nursing Facility ,
Stark Law
On November 1, 2023, the Cybersecurity and Infrastructure Security Agency (“CISA”) and the Department of Health and Human Services (“HHS”) co-hosted a roundtable discussion on the cybersecurity challenges that the US...more