Health Transactions Law Center - McDermott Will & Emery



Healthcare transactions are facing greater scrutiny than ever before. Federal and state regulators are imposing new requirements, restrictions and regulations that have significant implications for healthcare providers, industry operators, dealmakers and investors.

We make it our business to help you succeed in yours, and that includes staying current on these issues. McDermott’s industry-focused team understands the complexities of working within the already highly regulated healthcare space, and we proactively partner with industry leaders to plan for emerging challenges in the evolving regulatory landscape.

Visit this legal resource center to cut the complexity and learn about the latest regulatory developments impacting healthcare transactions.


Requirements in Effect:

Yes + Pending Legislation
Pending Legislation
New health transaction notification requirements are emerging across the United States, presenting a complex patchwork of regulations that can have significant financial implications for deal closings. Explore our interactive map and download our report for timeframes, types of transactions that trigger notice and a high-level summary of each statute.

This summary does not include (a) routine licensure filings or Certificate of Need (CON) filings that may be required for ownership changes involving licensed facilities or services or (b) any nonprofit or charities law notice or filing requirements for the conversion of a nonprofit healthcare entity to a for-profit entity. If you need information for those circumstances, contact your McDermott lawyer or get in touch.


State Transaction Notice Laws

Indiana Enacts New Law Requiring Notice of Healthcare Transactions

Minnesota HF 4206 Targets Healthcare Provider Transactions Involving PE Companies and REITs

California Law Requiring AG Notice for Retail Grocery and Pharmacy Transactions Now in Effect

California AB 3129 Targets the Health Facility Transactions Approval Process

Oregon AB 3128 Targets the Health Facility Transactions Approval Process

Illinois Healthcare Transaction Notice Update: Attorney General’s Form Now Available

New FTC, DOJ Merger Guidelines Create Challenges and Opportunities

OHCA Updates Draft Regulations on California Healthcare Transaction Notice Requirement

Effective January 2024: Illinois Joins Growing List of States that Require Attorney General Notice of Healthcare Transactions

California Publishes Draft Regulations on Filing Requirement for Healthcare Entity Transactions

New York State Enacts Filing Requirement for Physician Practice Management and Physician Practice Transactions

New York Proposes Regulatory Review of Physician Practice Transactions

Illinois House Passes Legislation to Increase State Oversight of Healthcare Consolidation

Health Care Cost Concerns Lead to Increased Scrutiny of Health Care Transactions

Federal Healthcare Merger Scrutiny

Top Takeaways | FTC Hosts Workshop, Solicits Public Comments on Private Equity in Healthcare

Executive Order Encourages FTC, DOJ to Address Hospital Consolidation, Vigorously Enforce Antitrust Laws

Recent Litigation Shines Spotlight on Hospital and Physician Group Transactions

DOJ Withdrawal Of Key Health Antitrust Guidance: Impact on Competitor Information Exchanges

Antitrust Developments

New FTC, DOJ Merger Guidelines Create Challenges and Opportunities

FTC Releases Proposed Changes to Premerger Notification Form and Process

Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement

Health Antitrust Litigation Update For Providers

HPE New York 2022 | Critical Antitrust Issues Impacting Healthcare Services: Enforcement Outlook + How To Plan For Transactions