Health Care Transactions Law 3014

• Prerequisites: None, but Health Care Law & Policy and Healthcare Law: The Affordable Care Act are recommended.
• Credits: 2 letter-graded hours

Transactions between stakeholders in the health care sector are undertaken frequently, particularly in this time of industry consolidation. Examples include: joint ventures between hospitals, physicians and other providers; hospital acquisition of physician practices; agreements between insurers and providers; and affiliations among hospital systems. These transactions take place in a heavily regulated environment. In this course, students will take a deep dive into the substantive laws that govern these transactions, including the physician's self-referral law (Stark Law), the Anti-Kickback Law, the Federal False Claims Act, the Civil Monetary Penalty Law, the laws regulating tax exempt organizations (most hospitals are tax exempt), and the antitrust laws regulating market consolidation. Students will be given assignments from clients wanting these transactions, will identify applicable laws, will counsel their clients on what can be done within the law, and then will create terms sheets and agreements that accomplish the client's goals. These assignments will be the focus of both individual and team oriented projects, class discussion, and written memos to the client, all providing a practical and real world environment for learning.