The Fundamentals of a Health Care Transaction

John Garver presented at the American Health Lawyers Association's "Fundamentals of Health Law" national conference. His session, "The Fundamentals of a Health Care Transaction," included:

• Different types of transaction structures for a health care deal (e.g., asset purchase versus stock purchase or merger)
• The framework 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
• The application of these strategies to a case study (physician-hospital integration), 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