Stark Developments: How Tuomey and Other Recent False Claims Act Cases Will Affect Transaction Diligence, Structure, and Process

Healthcare attorney Dan Murphy presented at the American Health Lawyers (AHLA) Health Care Transactions conference. Topics discussed were:

• Diligence review–recent cases and settlements significantly raise the stakes related to potential noncompliance issues and acquirers are redoubling their diligence efforts to detect any potential Stark Law or kickback issues.
• Discussion of strategies and areas of focus for acquirers in this regard
• Transaction structuring–how cases and settlements have impacted the fair market value and commercial reasonableness standards for transactions, including particularly for the physician compensation component of transactions
• Self-disclosure–considerations and timing of the self-disclosure of issues identified during the diligence process and whether submitting overpayment refunds to Medicare can be an alternative to self-disclosure
• Third party valuations–important points to keep in mind when working with and finalizing valuation opinions
• Managing liability exposure–approaches to dealing with liability exposure in purchase agreements

When and Where:

April 16, 2015

Loews Vanderbilt Hotel, Nashville, TN

Bradley Speaker(s):

Dan Murphy

Other Speaker(s):

Laura J. Bond, PYA

For more information about the event, view the AHLA Health Care Transactions 2015 brochure.