On June 25, 2024, Ari Markenson and Greg Packer published “State Healthcare Transaction Review Laws: A New Landscape” for the American Bar Association Business Law Section. The following is an excerpt:
The recent growth in state healthcare transaction review laws is requiring parties to healthcare transactions to dust off their due diligence and closing checklists to conform to new requirements. Within the past few years, an increasing number of states[1] have enacted legislation designed to review the impact of certain healthcare transactions on cost, quality, access, need, competition, and other related issues, affecting entities and transactions that have not previously been the focus of regulatory scrutiny (“Transaction Review Laws”).[2] Anyone considering a healthcare transaction, particularly those with healthcare services providers, should be aware that Transaction Review Laws exist and are on the rise; they should factor them into their regulatory analysis and appreciate how transaction reviews by state regulators have and will change the nature of certain transactions. This article provides an overview of how to navigate Transaction Review Laws by the types of transactions that are reviewable, parties subject to review, notice and approval requirements, and applicable exceptions.
Click here to access the article.