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Health Care Transactional Due Diligence

Bringing Deep Industry Knowledge to Health Care Transactions

The regulatory landscape in the health care industry is incredibly complex. Mergers and acquisitions in this area are fraught with all of the pitfalls of a typical corporate transaction — plus an added layer of regulatory exposure. Investors and businesses involved in health care transactions need sophisticated counsel who understand the applicable regulatory regime. We work with you to assess your target's level of compliance, identify and comply with regulatory and contractual change of ownership requirements, and mitigate any potential legal or financial exposure.

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Our Experience

Case Study
Mintz is advising a consortium of investors in their approximately $4.1 billion acquisition of Kindred Healthcare, Inc. Mintz collaborates with corporate counsel and provides regulatory analysis for the deal, which will create two stand-alone companies.
Case Study
Mintz advised a health care company on due diligence, structuring, and documentation related to the acquisition of a 13,000-employee long-term care pharmacy. Mintz attorneys counseled the client on privacy, regulatory, and licensing requirements.

Our Approach

Mintz's leading health law practice brings decades of experience with health care mergers and acquisitions to benefit our clients, including private equity firms, other investors, lenders, and acquiring companies.

We work directly with the client or collaborate with corporate counsel. In each case, our comprehensive due diligence review helps the client assess the potential risk and reward.

Key Diligence Assessment Areas
  • Applicable state and federal regulatory structure for the proposed investment
  • Relationships with referral sources
  • Billing and coding practices
  • Fraud and abuse risk areas
  • HIPAA and state privacy law, including data breaches
  • Compliance with FDA requirements
  • Compliance with Stark Law exceptions, anti-kickback safe harbors, and change of ownership/information requirements
  • Certificate of need, state licensure, and Medicare & Medicaid notification and approval requirements

What Our Clients Are Saying

Meet Mintz

Our experienced health care transactions team will work with you to assess your target, identify the regulatory requirements of your investments, and mitigate exposure.