M&A (Acquisitions & Sales of Healthcare Businesses)
Buyers and sellers of healthcare practices and businesses know that the highly regulated healthcare industry requires extra expertise in the M&A space.
Our healthcare transactional and M&A attorneys handle purchases and sales of healthcare practices such as:
- Dental practices
- Chiropractic practices
- Medical practices
- Urgent care centers
In addition, our M&A lawyers advise on purchases and sales of healthcare businesses such as:
- Addiction and rehab health facilities
- Behavioral health practices
- Cosmetics companies
- Dietary supplement companies
- Diagnostic imaging companies
- Long-term care facilities
- Health information companies
- Healthcare software and technology companies
- Home healthcare
- Medical groups
- Medical device manufacturers
- Medical marijuana (cannabis) companies
- Mobile medical app makers
- OTC drug companies
- Physician practices
We work on joint venture agreements, leases and subleases, management agreements, offering memoranda, operating agreements, partnership agreements, technology transfer agreements, and other contracts.
Specialized Needs for Healthcare M&A Transactions
Healthcare M&A deals require specialized regulatory attention.
For example, the healthcare seller’s “compliance with laws” representation and warranty should include that:
- The healthcare business or practice being sold, is eligible to receive payment under the Medicare and Medicaid programs and that the Seller is in substantial compliance with the conditions of participation in these federal healthcare programs.
- No employee or contractor has been excluded from Medicare, Medicaid, TRICARE or any other federal healthcare program.
- The confidentiality of patient records and data has been maintained.
As well, healthcare M&A transactions can require specialized knowledge of regulatory areas in the due diligence stage, such as:
- The level of HIPAA compliance within the organization.
- Whether existing contractors of the seller are tainted by anti-kickback and fee-splitting issues.
- Whether the entire business structure or compensation arrangements of the seller raise corporate practice of medicine issues.
Even experienced M&A transactional lawyers can benefit from bringing an experienced healthcare lawyer on board during a merger or acquisition involving a healthcare practice or business.
Our healthcare M&A legal team advises both on structuring the deal and on its regulatory components.
If you the buyer of a medical spa in an M&A transaction, what kinds of due diligence questions should you ask regarding regulatory compliance?