The Fundamentals of a Health Care Transaction

Jennifer Csik Hutchens presented at the American Health Lawyers Association's Fundamentals of Health Law program. Her session, titled "The Fundamentals of a Health Care Transaction," covered the following topics:

• Different types of transaction structures for a health care deal (e.g., asset purchase versus stock purchase or merger)
• Frameworks for approaching due diligence in a health care transaction
• Regulatory and legal issues common to health care transactions (e.g., federal Anti-Kickback and Stark laws, antitrust issues and tax-exempt issues)
• The importance of the concepts of "fair market value" and "commercial reasonableness" to a health care transaction

Hutchens and her co-presenter also applied strategies to a physician-hospital integration case study, sample letter of intent and sample due diligence checklist to understand how various factual scenarios could affect the transaction and to highlight diligence and transactional considerations.