The Fundamentals of a Health Care Transaction

Jennifer Hutchens presented at the American Health Lawyers Association's annual Fundamentals of Health Law Conference. Her session discussed topics including:

• 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
• 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