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 ›
I’ve just co-authored an article for the Journal of Corporate Renewal on the 6 strategies for municipal restructurings, as well as the healthcare acquisition opportunities that municipal defaults are likely to create. Read More ›
From September 24-26, I will be chairing this year’s Infocast Healthcare Deal Making Summit. Read More ›
Comments Invited (from the distresstosuccess website, click title to see the full blog and other readers’ comments, which appear on the author’s linked website).
The June issue of The Journal of Corporate Renewal carries an article about the why Chapter 11 is so different now than it was 10, 20, and even 30 years ago – and how it has irreparably changed. Read More ›
Over the past 1.5 years I've posted a number of update chapters to Distress To Success via the blog. Read More ›
CNNmoney ran an interesting article yesterday on financial distress in the healthcare industry for physicians and their clinics, for which I got to offer some background as the co-chair of the American Bankruptcy Institute Healthcare Committee. (All comments of course are only mine, and should not be attributed to or considered endorsed by the ABI). Here’s the article: http://money.cnn.com/2013/04/08/smallbusiness/doctors-bankruptcy/index.html
Distress To Success was reviewed for the American Bankruptcy Institute Journal in February 2012. 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.