Contractual Considerations in Physician and Healthcare Practice Acquisitions

Consult this practice note from Practical Guidance – Healthcare to learn about the key contractual considerations attorneys should address when advising clients on physician and healthcare practice acquisitions. Get up to speed on contractual considerations relevant to practice acquisitions generally, as well as those specific to certain types of transactions, including those involving hospitals, ambulatory surgery centers, and dialysis facilities.

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Related Content

• Physician and Healthcare Practice Acquisitions: Regulatory Considerations
  Identify regulatory considerations applicable to physician and healthcare practice acquisitions by purchasers, including practice management companies, hospitals, and physicians and physician groups. Understand and address the basic obligations to clients involved in these transactions, including: (1) ensuring the legality and enforceability of the proposed transaction structure, (2) determining current practice compliance with applicable statutes and regulations, and (3) advising clients on attendant legal and regulatory risks.
• Physician Practice Acquisitions: Avoiding Legal Pitfalls
  Review merger and acquisition considerations specifically applicable to physician practice acquisitions. Learn how to structure the transaction, complete preliminary due diligence, and avoid common obstacles to best position your client for success post transaction.
• Medical Practice Acquisition Due Diligence Checklist
  Consult this checklist when advising physician practice purchasers on key legal and business documents to consider when conducting due diligence related to the potential acquisition. Use this checklist to assess the value, risks, benefits, and limitations of a physician practice acquisition when providing counsel to health systems, hospitals, and physician practices.

Legal Developments

• Courts Must Apply Correct Causal Standard in Kickback Cases
  Differentiate the Anti-Kickback Statute (AKS) from the False Claims Act (FCA). Learn how Congress’s 2010 amendment to the AKS requires a plaintiff seeking to establish falsity or fraud under the FCA through a violation of the AKS to show that defendant would not have included certain items or services but for the illegal kickbacks received in exchange. Understand how arguments to the contrary conflate the legal standards and could lead to severe, unintended real-world consequences.

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