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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Health

Date & Time
  • event Date

    Wednesday, December 1, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will guide counsel in healthcare transactions on due diligence measures that effectively identify and mitigate risks and liabilities. The panel will discuss the legal issues to address in healthcare due diligence, including key healthcare risk areas and requirements, compliance programs, certificate of need, ownership changes, licenses, and permits. The panel will offer best practices for conducting due diligence in healthcare transactions.

Faculty

Patrick D. Souter
Of Counsel
Gray Reed & Mcgraw LLP

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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Glenn P. Prives
Member
Epstein Becker & Green PC

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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Description

Due diligence, a necessary component of any healthcare transaction, will identify shortcomings in healthcare law and regulation compliance. It should mitigate potential exposure to liability and is vitally important in healthcare transactions due to the industry's highly regulated nature.

Counsel should review the other party's existing agreements and relationships for regulatory compliance, including the Anti-Kickback Statute, Stark Law, and False Claims Act. There may also be exposure to potentially significant liability with protected health information under HIPAA and HITECH.

Often nonprofit organizations enter into transactions with for-profit entities. Due diligence is essential in these transactions so that the nonprofit can maintain its tax-exempt status.

Listen as our authoritative panel of healthcare attorneys examines due diligence in healthcare transactions and why the due diligence process should be carefully structured and implemented. The panel will discuss the legal issues to address in healthcare due diligence, including key healthcare risk areas and requirements, compliance programs, certificate of need, ownership changes, licenses, and permits. The panel will offer best practices for conducting due diligence in healthcare transactions.

Outline

  1. Due diligence structure and implementation
  2. Legal issues and potential risks
    • Successor liability
    • Pending or threatened litigation
    • Provider agreements
    • Stark and AKS
    • FCA
    • HIPAA
    • Compliance programs
    • Medicare/Medicaid CHOW
    • Licenses and certificates of need
    • Permits
  3. Unique issues when the transaction is between a nonprofit organization and a for-profit organization
  4. Best practices

Benefits

The panel will review these and other vital issues:

  • What are the critical regulatory due diligence issues in healthcare transactions?
  • What hurdles do counsel encounter when involving nonprofit and for-profit entities in healthcare transactions?
  • What are the most effective processes for conducting due diligence in a timely and cost-effective manner?