Quality Follows Preparation: 4 Key Structural Considerations in Health Care M&A Due Diligence

Hall Render

As deal work in the health care industry continues at a feverish pace and timelines are condensed, due diligence can often suffer and be overlooked in favor of speed. While the content of due diligence is extremely important, a successful due diligence process must also focus on the structure. The following are 4 key structural considerations every organization should be aware of when beginning a due diligence process: Identity of the Reviewers.

Keeping clean to reduce M&A antitrust risk: Three tips for clean teams during due diligence

Health Law Checkup

Increased consolidation in the healthcare sector continues to draw media attention and antitrust scrutiny from a variety of regulators including the Federal Trade Commission, the Antitrust Division of the Department of Justice and state attorneys general

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Is Your Data Supply Chain Ethical? Don’t Restrict Due Diligence to Physical Operations.

C&M Health Law

What’s more, core human rights due diligence principles, such as the United Nations Guiding Principles on Business and Human Rights (UNGPs), further influence how businesses should navigate these risks. Suppose an industrial enterprise shares sensitive, ethically sourced data with an external organization without sufficient due diligence, resulting in this data becoming integrated with unethically sourced data and/or being utilized in an unethical manner.

Sadie Zurfluh Joins Hall Render

Hall Render

Her work includes leasing, due diligence, entitlements, acquisitions and financing. Hall Render is pleased to announce Sadie Zurfluh has joined the firm in its Milwaukee office. Sadie represents health care and non-profit clients in the structuring, negotiating and closing of real estate transactions.

Statute of Limitations for PPP and EIDL Fraud Extended to Ten Years

Healthcare Law Blog

If companies and individuals who applied for and received government-sponsored pandemic relief funding have not conducted due diligence to ensure those funds were properly received, used, and potentially forgiven, now is the time to do it.

Is Gmail’s Confidential Mode HIPAA Compliant?

Total HIPAA

While it’s great to see major platforms like Gmail taking data privacy concerns seriously, covered entities would not be doing their due diligence if they did not dig deeper to ask questions about what Gmail’s new confidential mode means for HIPAA compliance.

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Mitigating Healthcare Cyber Risk Through Vendor Management

HIT Consultant

Each business associate or vendor opens your organization to potential risk — and that risk increases as their access increases — so, do your due diligence. Nathalie Feria, Manager at Kaufman Rossin’s Risk Advisory Services.

Digital front door chatbot improves the patient experience at Aspire Indiana Health

Healthcare It News

"Any provider considering a similar technology should always consider the impact of using a system prior to implementation, and perform extensive due diligence since the implementation of a new system or technology directly affects the patient experience.

DOJ’s New Corporate Enforcement Policies Target Individuals and Incentivize Self-Disclosure

Healthcare Law Today

Due diligence remains critical. Due diligence remains critical. Corporations considering proposed transactions or acquisitions may need to consider increased due diligence into the target entity’s compliance policies and investigate prior or existing misconduct.

Compliancy Group Confirms Ruffian Software as HIPAA Compliant

HIPAA Journal

The team at Compliancy Group have been instrumental in guiding us through this due diligence and their insights and guidance were tremendous. The Mauldin SC-based IT company, Ruffian Software, has completed Compliancy Group’s HIPAA compliance process and has been confirmed as having implemented an effective HIPAA compliance program. Ruffian Software protects the networks, systems, and data of managed IT providers and their clients through automated privileged account management.

Tips on investigating prescribers

Natalia Mazina

While it is true that a pharmacy usually has no means of knowing of an open investigation due to the confidential nature of such investigations, there are several ways to research past records of a prescriber: Medical Board’s Records.

Practice points: appealing PBM audits

Natalia Mazina

This makes due diligence during the acquisition stage even more important, especially when it comes to invoice reconciliation aspect. Today I would like to highlight some practical aspects in appealing PBM audits.

5 Tips for Hiring and Retaining Medical Practice Staff

HIT Consultant

Everyone’s busy, and it could be tempting to shortcut some of the due diligence for screening potential candidates. John V. Guiliana, DPM, MS, Medical Director of Podiatry at ModMed.

HIPAA & Telehealth: FAQs from HHS Guidance on Audio-Only Telehealth

Healthcare Law Today

In this latest guidance, HHS noted that due to various barriers, such as disability, financial, or language, not all patients are able to access audio-video telehealth technologies and that audio-only telehealth helps to address the needs of these patients.

What’s the Civil Penalty for Unknowingly Violating HIPAA?

Compliancy Group

Civil penalties apply when an employee was aware that they violated HIPAA , or they would have been aware had they exercised due diligence. When a covered entity or business associate makes the HIPAA Wall of Shame for a significant breach or violation, it often results in huge fines.

When Can PHI be Disclosed?

HIPAA Journal

It is also important that Covered Entities conduct due diligence on potential Business Associates before entering into a Business Associate Agreement to ascertain if they use third-party services that are not subject to the Privacy Rule.

Data Integrity, Security, and Confidentiality: The Building Blocks of Healthcare Data Management

HIT Consultant

Due to the nature of the sensitive data hospitals generate, choosing the right company and product to undertake the management of unstructured data is pivotal and can be the difference between success or failure in springboarding your organization into this data-driven digital world.

‘Move fast and break things’ is a bad idea for health tech startups

Healthcare Law Today

Investors know what to look for, and with so much money involved these days, due diligence is impossible to dodge. This article was originally published in TechCrunch on May 12, 2022, and is reprinted with permission.

New Job Protections for New Jersey Health Care Workers Following Changes in Control of Their Health Care Entity Employer

Health Law Advisor

New Jersey health care entities considering a change of control must review these requirements during the due diligence review, and then memorialize them in any contract setting forth the change in control between the former and successor entity.

Protected Health Information (PHI): Everything You Need to Know about HIPAA and PHI

Total HIPAA

Some companies sign a BAA without completing the HIPAA compliance process or ensuring that the other party has also done their due diligence. What is Protected Health Information (PHI)?

Fulcrum Equity Partners Announces $13M Series A Growth Equity Round for Olio Health

Healthcare IT Today

Management is a key focus for MCP and we work with our investors to assist us in due diligence, customer introductions, and ongoing advice and counsel to our portfolio executives.

“Red flags” revisited – a recent Walgreens case

Natalia Mazina

The pharmacist, however, failed to document these inquires and we had no evidence (besides the pharmacist’s statement) that the pharmacy performed its due diligence in filling these scripts.

HIPAA Compliant Environment or a Culture of Compliance?

Compliancy Group

Do you take the time to do real due diligence on what they deliver? One of the trendy marketing terms being used by equipment and service providers in the security space is “HIPAA Compliant Environment.”

Guide to HIPAA Safeguards

HIPAA Journal

In the worst cases, substantial fines can be issued for noncompliance with safeguards organizations should have known about had they exercised due diligence.

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Healthcare APIs: 3 Ways APIs Differ in Healthcare vs. Enterprise

HIT Consultant

Another issue is that it could be complicated to use FHIR extensions and profiles, which are necessary to deal with specialty health data, due to their need for deep domain knowledge. Anand Hirekatur, Engineering Leader at Innovaccer.

Eight Common Physician Credentialing Mistakes

Verisys

In one of the earliest negligent credentialing cases back in 1981, a Wisconsin jury found the hospital 80% responsible for permanent nerve damage suffered by a patient due to a hip surgery gone awry. If you find credentialing uninspiring, consider this cautionary tale.

How Health Systems Can Use AI to Optimize Resources and Maximize Patient Satisfaction

HIT Consultant

With staffing shortages and lack of resources at an all-time high due to the COVID-19 pandemic , it is vital for health systems to use their resources in the most effective way possible. Chad Waldman, VP of Engineering at DexCare.

Representations and Warranties Insurance in Physician Practice Acquisitions

Hall Render

The scope of coverage aligns with the scope of the seller’s reps and warranties in the purchase agreement, subject to buyer’s diligence and certain common exclusions. Coverage is contingent upon the buyer completing sufficient due diligence to confirm that the seller can stand behind its reps and warranties. If the underwriter is not satisfied as to the level of diligence conducted with respect to particular reps, then coverage for those reps may be excluded.

The Value of an Enterprise Active Data Archive Begins with Patient Safety

HIT Consultant

According to WestMonroe (2021), a critical component of consideration during M&A target analysis and due diligence is the Information Technology (IT) supporting the target entity. Kel Pults, DHA, MSN, RN-BC, Chief Clinical Officer at MediQuant.

Buying, Selling, and Investing in Telehealth Companies: Navigating Structural and Compliance Issues

Healthcare Law Today

Where telehealth companies are providing clinical services, and are not purely technology platforms, structuring and transaction diligence should focus on whether the target is operating in compliance with corporate practice of medicine (CPOM) laws.

Enforcement Issues with Interstate Licensing 

YouCompli

Before the COVID pandemic, many openings were due to retiring nurses coming to the end of a long career. Now, many more nurses are leaving the profession due to burnout. It was also reported that the Iowa board would not comment for the story due to privacy restrictions.

DOJ Further Revises Corporate Criminal Enforcement Policies: Focusing on Individual Accountability, Corporate Responsibility, and Additional Demands on Chief Compliance Officers

Health Law Advisor

As such, he noted that DOJ believes that “[a]cquiring companies should be rewarded—rather than penalized—when they engage in careful pre-acquisition diligence and post-acquisition integration to detect and remediate misconduct at the acquired company’s business.”.

Provider Credentialing Verifies Expertise

AIHC

Code of Federal Regulations (CFR) have, as a result, become the best standard for due diligence. Written by Angela Chorny , MA, President and CEO of Emerge and See, LLC Payor Enrollment – An Understated and Overlooked Process Oh, the all-important question of credentialing!

How HHS-OIG, Regulators Enforce Vendor Compliance

Provider Trust

This case is unique as the private equity firm that funded the purchase of South Bay facilitated, and its partners paid for part of the damages given the PE firm’s role and knowledge gained during due diligence and review of the operations and billing practices of South Bay.

Understanding Compliance for Healthcare Vendors

Provider Trust

For healthcare organizations, vendor services require a more thorough and specific due diligence in order to assess risk and to document compliance with any or all of the following regulations and laws listed below: .

Caveat Emptor: Private Equity Firms Are Increasingly Vulnerable to Qui Tam Lawsuits

Health Law RX

It based its position on the grounds that Ancor, through its due diligence prior to the purchase of Alliance, learned about the alleged conduct and had the ability to remedy the conduct after the closing of the transaction. The second takeaway is that private equity firms that invest in healthcare companies should continue to conduct robust diligence, including compliance risk assessments. The U.S.

New Help for the Florida Healthcare Transaction Attorney- Temporary Drug, Device, and Cosmetic Permits

Health Law RX

In a normal health care CHOW process, the parties are hammering out the terms of the agreement while the health care due diligence team coordinates with state agency personnel to have them issue the health care entity permit exactly on the date that the parties wish to close. Whoever authored this new legislation ( Chapter 2021-135, Laws of Florid a) deserves a pat on the back for an idea whose time has come.

The Devil may be in the Details of the Part II No Surprises Act IFR

Health Care Law Brief

Additionally, the Part II Rule provides that providers or facilities who act in good faith and with reasonable due diligence will not fail to comply with these requirements upon making an error in a good faith estimate, provided that they correct the information as soon as practicable. This post reviews Part II of the federal No Surprises Act regulations. In previous publications, we have commented upon the No Surprises Act , and Part I of the regulations.

Terrorist (Litigation) Threats

Drug & Device Law

6, 2022) (legislative power to “deem” something as “consent” to personal jurisdiction in JASTA cannot so deem actions that could not otherwise support jurisdiction consistently with Due Process). When Congress passed the Justice Against Sponsors of Terrorism Act (“JASTA”), 18 U.S.C.

Guest Post – What a Product Liability Defense Lawyer Learned While Working for FDA.

Drug & Device Law

And last but not least , that a product is “deemed to be adulterated” due to a CGMP violation does not mean that there is something wrong with the product, let alone that the product is defective. Today’s guest post is by Jim Fraser of Greenberg Traurig.

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Age-Responsive Human Rights Due Diligence

HealthLaw Prof Blog

Alan Gutterman (Older Persons' Rights Project), Age-Responsive Human Rights Due Diligence, SSRN (2022): The UN Guiding Principles on Business and Human Rights were drafted and adopted to serve as universally applicable standards to support businesses in developing action plans for