Transaction Review Laws Expand Regulation of Healthcare M&A

An increasing number of states have recently enacted healthcare transaction review laws (“TRLs”). These laws reflect a decisive shift in state health policy. Transactions that historically fell within the domains of corporate law, regulatory licensure transfer oversight, and federal antitrust enforcement are now subject to independent state-level review regimes that often require advance notice; extended waiting periods; and, in some jurisdictions, affirmative pre-closing approval. These new TRL transaction approval processes, particularly the laws that require pre-closing approval, are more akin to historical certificate of need (“CON”) reviews with new additional review elements.

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Source: https://www.mondaq.com/unitedstates/healthcare/1813080/transaction-review-laws-expand-regulation-of-healthcare-ma

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