This section of the guide covers the business, regulatory, and legal issues that arise in healthcare business combinations and other transactions. Topics covered will include asset sales, mergers, joint ventures, procurement contracts, and the application of tax laws to transactions. In addition, this course addresses the fundamental principles of contract law and reviews the increasingly important role of valuations in healthcare transactions: i.e., when are they required or recommended and how they are prepared.
Bloomberg Law - Health Law & Business Portfolios include:
Portfolio 1100: Tax-Exempt Financing for Health Care Organizations - This portfolio focuses on structural aspects of tax-exempt health care financing for nonprofit health care providers and the related legal framework. Tax law requirements are analyzed in particular detail; securities law requirements also are explained. The portfolio is designed both to provide a ready source of reference for the experienced tax-exempt bond practitioner as well as serve as a comprehensive guide for those health care professionals involved in tax-exempt bond transactions.
Portfolio 2100: Health Care Mergers and Acquisitions: The Transactional Perspective - This portfolio discusses the most material elements of a health care transaction along an anticipated time line, starting with structuring considerations and preliminary negotiations and running through definitive agreements and closing (and post-closing) matters. It addresses roles of the parties and responsibilities of counsel; guides processes; discusses transactional documents in tandem with annotated forms; and offers practical insights and drafting tips. In scope, the portfolio addresses common forms of equity-, asset- and non-profit membership interest-based transactions.
Portfolio 2200: Health Care Joint Ventures - This portfolio addresses the dominant issues that may arise in joint venture transactions involving various types of healthcare providers and, occasionally, other parties. It begins by providing an overview of these issues—some legal, some practical—and then demonstrates how they apply to different types of joint ventures. Joint ventures between competing hospitals are discussed primarily in terms of antitrust review, while tax exemption issues are the main focus of the examination of whole hospital joint ventures. The discussion of joint ventures between hospitals and physicians (either acting as individual physicians or as physician groups) revisits antitrust and tax-exemption concerns, and also includes a detailed review of planning considerations and an extensive discussion of fraud and abuse issues. The portfolio concludes with brief treatments of additional joint ventures types, contractual joint ventures, group purchasing organizations, and independent practice associations; anti-kickback and antitrust are a primary focus of this analysis.