On March 15, 2023, Ari J. Markenson, Evelynn X. Bui, Patrick B. Dunbar, and Gabriella R. Joseph published "States Are Beginning to Require Pre-Closing Approval of Historically Unregulated Transactions" in the American Health Law Association's Business Law and Governance Practice Group Bulletin. The following is an excerpt:
In recent years, state regulators have increasingly turned their attention to certain private health care transactions that, until now, have largely gone unregulated because they did not need regulatory approval or consent to be consummated. Several states, via recent legislation, are implementing pre-closing review processes for certain health care transactions they believe present risks to health care systems and local communities. This regulatory scrutiny is a response to the increasing consolidation of health care in the hands of investment-backed private equity, venture capital entities, and proprietary investors.
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