Health Law Highlights

Fast Five: Important Law and Policy Updates for US Health Care Transactions

Summary of article from ArentFox Schiff, by Michele L. Gipp, Jo-Ann Marchica, Kathryn L. Steffen:

The first quarter of 2024 has seen significant changes in the US health care sector, with new guidelines from the Department of Justice (DOJ) and Federal Trade Commission (FTC) potentially affecting mergers and acquisitions, particularly those involving small health care businesses and physician practices. Federal agencies have also sought public comment on health care transactions, focusing on the impact on various stakeholders and the objectives of these transactions, indicating a continued scrutiny on private equity investment. State authorities are also increasing their oversight of health care transactions, with several states implementing new laws or expanding existing ones. As health care organizations face escalating operating costs, they are considering streamlining services through transactions, but must be cautious of potential legal risks, including antitrust issues. Lastly, the resumption of Medicare and Medicaid audits in full force has increased the need for compliance in health care transactions.