The Fundamentals of Health Care Transactions

Jennifer Hutchens presented at the American Health Lawyers Association's annual Fundamentals of Health Law Conference. Jennifer was also one of four members on the conference's planning committee. Her session discussed topics including:

• Different types of transaction structures for a health care deal (e.g., asset purchase versus stock purchase or merger)
• A working framework for approaching due diligence in a health care transaction
• Regulatory and legal issues common to health care transactions (e.g., federal AntiKickback 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
• Apply 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