One of the interesting tensions in the healthcare industry right now is the need for consolidation versus antitrust consolidation prohibitions. Read More ›
When it comes to distressed healthcare M&A, the thorniest issues often ride on provider agreement liabilities with Medicare and Medicaid. Read More ›
Regardless of political positions, one of the astounding facts about the Affordable Care Act (i.e., Obamacare) is how much the law attempts to accomplish. Read More ›
The Three Primary Deal Structures
Generally, facilities change hands through (1) an asset acquisition, (2) a merger, or (3) a stock sale. Each one has different implications for whether it is a CHOW, so in deal negotiation, structure is key. This blog takes the reader through an overview of each of the three structures in basic form. In follow-up blogs, we’ll go through specific issues for each of the three structures, and the factors that influence whether each may be a CHOW or not under specific circumstances. Read More ›
A Thumbnail Sketch on Enrollment, Licensure, and CON’s
Remember that a CHOW primarily impacts: (1) Medicare enrollment, (2) Medicaid enrollment, (3) state licensure, and (4) the Certificate of Need (“CON”). In our last blog, we discussed why CHOWS are important and what can happen if they aren’t handled properly. Today, we go through the four major areas that are affected by a CHOW. Read More ›
What is a Chow and why is it important?
A CHOW is a Change in Ownership of a “Provider” for regulatory purposes. Hospitals, inpatient and outpatient rehabilitation facilities, skilled nursing facilities, home health agencies and hospice companies are all Providers, to name a few. Read More ›
I recently wrote an article in the Journal of Corporate Renewal about the four major regulatory issues in a special situations healthcare transaction. Read More ›
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Bobby Guy is a member at Frost Brown Todd and practices in the areas of business bankruptcy, workouts and distressed acquisitions. He is recognized in The Best Lawyers in America® (Woodward White, Inc.) for his experience in bankruptcy and creditor-debtor rights law, and has been listed in Mid-South Super Lawyers® in bankruptcy law since 2007.