Private equity investments in healthcare providers have grown exponentially in recent years as investors see the high potential for profitability in the industry. Nonetheless, it is important for investors to keep in mind that healthcare entities are subject to numerous laws and regulations, including, without limitation, fraud and abuse laws. Apart from the expense of defending against allegations of fraud and abuse, the sanctions and penalties authorised by the fraud and abuse laws may prove devastating to a healthcare entity and its investors.
An investor seeking to make an acquisition of part of, or all of, a healthcare entity, should carefully conduct healthcare regulatory due diligence of the target and prudently structure the transaction in compliance with applicable laws before closing on the deal.
Originally published in Financier Worldwide - February 2014.
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