Health Transactions Law Center - McDermott Will & Emery
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HEALTH TRANSACTIONS

RESOURCE CENTER

Section Content

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.

50-STATE SURVEY: HEALTH TRANSACTION NOTICE REQUIREMENTS

Requirements in Effect:

Yes
Yes + Pending Legislation
Pending Legislation
No
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.

INSIGHTS

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

GET IN TOUCH

CHARLES BUCK
Partner | Boston
DANA DOMBEY
Partner | Miami
ASHLEY FISCHER
Partner | Chicago
GREG FOSHEIM
Partner | Chicago
DAVID IVILL
Partner | New York
SARAH KITCHELL
Partner | Boston
GREG METZ
Partner | Chicago
KERRIN SLATTERY
Partner | Chicago
STEPHEN WU
Partner | Chicago

CALIFORNIA

PENDING

Multiple Requirements?

Yes

Requirement in Effect?:

No. Legislation is in draft form and has not been enacted.

Type of Requirement:

Notice and consent

Notice Filing Timeframe:

90 days pre-closing

Statute Cite(s)

AB 3129

PASSED

Multiple Requirements?

No

Requirement in Effect?:

Yes

Type of Requirement:

Notice

Notice Filing Timeframe:

90 days pre-transaction

Statute Cite(s)

Cal. Health & Saf. Code § 127507

For an overview of the transaction notification requirements, download our full report.

COLORADO

Type of Requirement:

Notice

Notice Filing Timeframe:

60 days pre-closing

Statute Cite(s)

Colo. Rev. Stat. §§ 6-19-102 – 6-19-407

For an overview of the transaction notification requirements, download our full report.

CONNECTICUT

PENDING

Multiple Requirements?

Yes

Requirement in Effect?:

No. Requirement would be effective upon passage, if adopted.

Type of Requirement:

None until additional legislation is adopted or regulations are promulgated.

Notice Filing Timeframe:

N/A

Statute Cite(s)

HB 5319

PASSED

Multiple Requirements?

Yes

Type of Requirement:

Notice

Type of Transaction:

Notice Filing Timeframe:

30 days

Statute Cite(s)

For an overview of the transaction notification requirements, download our full report.

HAWAII

Type of Requirement:

Notice; Approval

Notice Filing Timeframe:

90 days pre-closing

Statute Cite

Haw. Rev. Stat. § 323D-71 et seq.

For an overview of the transaction notification requirements, download our full report.

ILLINOIS

Type of Requirement:

Notice

Notice Filing Timeframe:

30 days pre-closing

Statute Cite(s)

740 Ill. Comp. Stat. 10/7.2a

For an overview of the transaction notification requirements, download our full report.

INDIANA

Multiple Requirements?:

No

Requirement in Effect:

No. Requirement is effective July 1, 2024.

Type of Requirement:

Notice

Notice Filing Timeframe:

90 days pre-closing

Statute Cite(s)

25-1-8.5.

For an overview of the transaction notification requirements, download our full report.

MASSACHUSETTS

Type of Requirement:

Notice

Notice Filing Timeframe:

60 days pre-closing

Statute Cite

Mass. Gen. Laws ch. 6D, § 13

For an overview of the transaction notification requirements, download our full report.

MINNESOTA

PENDING

Multiple Laws?

Yes

Prohibition in Effect?

No. If passed, would become effective on August 1, 2024.

Type of Prohibition:

Prohibition on ownership and control of certain healthcare providers by private equity companies and REITs.

Notice Filing Timeframe:

N/A

Bill Cite(s)

HF 4206

PASSED

Multiple Requirements?

Yes; 2

Type of Requirement:

Notice

Type of Transaction:

Notice Filing Timeframe:

30-60 days (dependent upon type of transaction)

Statute Cite(s)

For an overview of the transaction notification requirements, download our full report.

NEVADA

Multiple Requirements?

Yes; 2

Type of Requirement:

Notice

Type of Transaction:

Notice Filing Timeframe:

30-60 days (dependent upon type of transaction)

Statute Cite(s)

For an overview of the transaction notification requirements, download our full report.

NEW YORK

Type of Requirement:

Notice

Notice Filing Timeframe:

30 days pre-closing

Statute Cite(s)

N.Y. Pub. Health Law §§ 4550 – 4552

For an overview of the transaction notification requirements, download our full report.

OREGON

Type of Requirement:

Notice; Approval

Notice Filing Timeframe:

30 days pre-closing

Statute Cite(s)

Or. Rev. Stat. § 415.500 et seq.

For an overview of the transaction notification requirements, download our full report.

PENNSYLVANIA

Statute Cite(s)

S. 548, 1st Sess. (Pa. 2023)

For an overview of the transaction notification requirements, download our full report.

RHODE ISLAND

Type of Requirement:

Approval

Notice Filing Timeframe:

180 days pre-closing

Statute Cite(s)

R.I. Gen. Laws § 23-17.14

For an overview of the transaction notification requirements, download our full report.

WASHINGTON

PENDING

Mulitple Requirements?:

No

Requirement in Effect?:

Pending Legislation

Type of Requirement:

Notice

Statute Cite(s)

Engrossed Senate Bill No. 5241

PASSED

Mulitple Requirements?:

No

Requirement in Effect?:

Yes

Type of Requirement:

Notice

Notice Filing Timeframe:

60 days pre-closing

Statute Cite(s)

Wash. Rev. Code § 19.390.030

For an overview of the transaction notification requirements, download our full report.