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