The Fundamentals of a Health Care Transaction
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Chicago Marriott Downtown Magnificent Mile
540 N. Michigan Ave.
Chicago, IL 60611
Nov. 15, 2016
10:15-11:45 a.m.
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.