Regulatory Sprint's Impact on Health Care M&A—Hypotheticals
Time: 12:00 - 12:30 PM ET
Overview: At the end of 2020, DHHS published the long-awaited Final Rules revising the Stark Law and Anti-Kickback Statute (“AKS”) regulations. The Final Rules in large part were intended to provide a framework for protecting certain value-based arrangements, but they also set forth new Stark exceptions and AKS safe harbors, as well as modified existing exceptions and safe harbors, that affect transactions outside of the value-based arena. For example, the Final Rules clarify interpretations of current existing regulations and key definitions, including the “Big 3” fair market value, commercial reasonableness, and volume or value standards. This presentation will provide a brief overview of these changes to the Stark and AKS regulations, as well as their application to healthcare M&A hypotheticals. This educational call assumes that participants are aware of these changes to the Stark and AKS regulations. Discussion during this Educational Call will involve walking through the application of these new regulations to healthcare M&A hypotheticals.
- Heather Alleva, Associate, Buchanan Ingersoll & Rooney PC