General Business Mergers & Acquisitions Health

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Mitigating Successor Liability in Long Term Care Acquisitions

As in any business acquisition, purchasers in the long term care industry can encounter potential liability due to employment claims, seller violations of representations and warranties under the purchase agreement, tort...more

Insurance Antitrust Legal News - March 2014 • Volume 3, Number 2

In This Issue: - FTC COMMISSIONER CRITICIZES PROPOSED LEGISLATION THAT WOULD PERMIT HEALTH PROVIDERS TO NEGOTIATE JOINTLY WITH HEALTH INSURERS: In a February 26 speech before the Connecticut Bar Association,...more

Better vs. Cheaper? – Court Says Cost Trumps Quality in Health Care – Orders Undoing of Physician Group Tie-up

The health care industry is in the midst of a revolution caused by demographic changes, advancements in medical understanding and, of course, Obamacare. As health care providers scramble to adjust to this brave new world, the...more

Health Care Antitrust & the Supreme Court – Interview with Bruce Sokler, Member, Mintz Levin  [Video]

Attorney Bruce Sokler, Chair of Mintz Levin's Antitrust Practice, discusses the Supreme Court’s first ever health care antitrust merger decision and its implications for the future. ...more

Hospital and Health System M&A Series: Developing a Hospital Transaction Strategy and Process

Hospital transactions involve complex processes and carry significant ramifications for an institution and the communities it serves. This article outlines key steps that a hospital board and management team should take in...more

New York State Adopts First Post-Phoebe Putney Law Extending State Antitrust Immunity to a Public Hospital — How It Came About and...

On October 24, 2013, Governor Andrew Cuomo signed what we believe is the first post-Phoebe Putney statute (see FTC v. Phoebe Putney Health Sys., Inc., 133 S. Ct. 1003 (2013)), extending the State’s antitrust immunity to...more

Norman Physician Hospital Organization — Factors Supporting Clinical Integration

Clinical integration is a somewhat imprecisely defined concept in the health care industry. Lawyers and health care executives have identified components and elements of clinical integration and frequently ask how many of...more

Preparing a Hospital or Health System for Sale or Partnership Transactions – Part One

The consolidation trend in hospital and health systems continues. To address perceived inefficiencies and quality of care issues, hospitals are attempting to form larger enterprises to create scale, expand geographically,...more

CMS Policy Memorandum Clarifies Disincentives to Buyer’s Rejection of Seller’s Medicare Agreement

In a September 6, 2013, policy memorandum, effective immediately, the Centers for Medicare & Medicaid Services (CMS) detailed its policy ensuring that providers that choose to reject assignment of the seller’s Medicare...more

Hospital Acquisitions of Physician Practices: Practical Tips for Both Parties

Introduction - Throughout the United States, hospitals and physicians are engaging in various affiliation models in order to adapt to the changes resulting from health care reform. While these affiliations take many...more

Mississippi CON Report - May 2013

In This Report: - I. April 2013 - Mississippi Certificate of Need Meeting - II. Certificate of Need Program Report – Filings/Reports Since March 2013 CON Meeting - A. Letters of Intent to Change...more

China Life Sciences Health Industry Client Briefing – April 2013 (May 15, 2013)

Pharmaceuticals, Medical Devices, Health Care & Life Sciences - ..Drugs - Approval of Innovative Drugs and Key Sector Generic Drugs to be Expedited (Shanghai Securities Journal 2013-04-23): Given the...more

Capital Infusion - May 2013: Deal Spotlight: Patton Boggs Advises on Innovative Health Care Transaction

Patton Boggs recently advised Satori Capital, a Dallas-based private equity firm, on its acquisition of Longhorn Health Solutions, Inc. Longhorn is headquartered in Austin, Texas and is a leading direct-to-home provider of...more

Mississippi CON Report - April 2013

In This Report - - I. March 2013 - Mississippi Certificate of Need Meeting - II. Certificate of Need Program Report – Filings/Reports Since February 2013 CON Meeting - A. Letters of Intent to Change...more

Inside M&A - Fall 2012

In This Issue: Bridging the Cross-Border M&A Gap “Korean Style”; Corporate Buyers Beware: FCPA Successor Liability – A Growing Threat; Investing In the Chinese Health Care Sector: A New Frontier to be Explored with Care;...more

Mississippi CON Report - October 8, 2012

In This Issue: - I. September 27, 2012 - Mississippi Certificate of Need Meeting - II. Certificate of Need Program Report – Filings/Reports Since August 2012 CON Meeting - Excerpt from II. Certificate of Need...more

Calif. On Board As Health Care Antitrust Enforcer

Originally published in Law360, New York (September 27, 2012, 2:13 PM ET) California’s attorney general has recently launched a broad investigation into whether increasing consolidation among hospitals and physician...more

Insurance Antitrust Legal News - September 2012 • Volume 1, Number 3

In This Issue: - 6th Circuit Holds McCarran-Ferguson Act Bars Antitrust Claims against Title Insurers by James M. Burns: On July 17, the Sixth Circuit Court of Appeals issued its long awaited decision in Katz v....more

FTC Uses Creative Remedy to Halt Cardiology Practice Merger: Requires Suspension of Employed Physicians’ Non- Compete Contracts

The Federal Trade Commission (FTC) is leaving no stone unturned in its scrutiny of physician acquisitions, as indicated by its recent enforcement action regarding the acquisition of a small cardiology group in Reno,...more

Pennsylvania Attorney General Requires Merging Hospitals to Contract Separately with Payors in Settlement Agreement

In addition to the federal antitrust enforcement agencies, state attorneys general continue to take an active role in antitrust enforcement, especially in the health care industry. Last week, the Pennsylvania Attorney...more

Sellers Prepare: Health Care Due Diligence

Originally published in Law360, New York (May 18, 2012, 4:38 PM ET) Health care transactions present unique due diligence challenges. The buyer must evaluate the seller’s compliance policies and procedures, arrangements...more

Critical Real Estate Considerations in Health Care Transactions - Leases

This is Part II of Critical Real Estate Considerations in Health Care Transactions. Part I can be found here. Real estate leases are critical components of health care operations and are often key considerations in...more

Health Law Alert: Timing and Hold Separate Agreements in Mergers: When to Fold, Hold or Call

Merging hospitals, physicians, and other health care entities who are investigated by the Federal Trade Commission, Department of Justice Antitrust Division, or a state Attorney General typically face a dilemma relatively...more

Why Medical Practice Buyers Need Independent Representation

A recurring liability I address in asset-protection planning for doctors surrounds the sale or purchase of a medical practice. Most conflict and losses that arise from the purchase of a medical practice result from a...more

D.C. Purchases United Medical Center

The District of Columbia has purchased United Medical Center for $20 million after foreclosing on the property. There were no other bidders at the foreclosure sale, and no money will change hands. Please see full article...more

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