Hidden Risks In Practice Acquisitions And Joint Ventures
By Geoffrey Kaiser (May 25, 2017, 5:14 PM EDT) -- There is a potential compliance "blind spot" associated with what many in the health care industry would regard as ordinary practice acquisitions and joint ventures involving hospitals and other provider organizations. This area of possible vulnerability arises from the payment of consideration for what are sometimes insufficiently delineated assets of the target or partner entity. If money is paid for "mystery assets," there will always be a regulatory concern under the federal Anti-Kickback Statute (42 U.S.C. § 1320a-7b(b)) — and by extension under the Civil Monetary Penalties Law (42 U.S.C. § 1320a-7a(a)(7)) (CMPL) and False Claims Act (31 U.S.C. §§ 3729 et seq.)....
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