State regulations are, at times, more stringent than federal regulations and/or guidelines. Below are a number of important state law issues and concerns to consider within a healthcare business context:
📌 First, the transaction must be evaluated pursuant to the state’s “mini” anti-kickback and stark statutes (yes, it’s true, they exist – see, e.g., Nevada Revised Statues (NRS) 439B.420 and NRS 439B.425, available at bit.ly/2a6Iwwp ).
📌 Second, if applicable, corporate practice of medicine restrictions (i.e. restrictions, subject to exceptions, on the employment of physicians by corporations), may impact the structure and governance of hospital-affiliated practice entities.
📌 Third, after identifying any and all notice requirements, licenses, permits, and certifications (such as facility licenses or CLIA certificates), a timeline of such state filings and notifications is always helpful.
📌 Fourth, Certificate of Need (CON) requirements (to prevent unnecessary saturation of facilities and services within the state), may also affect the transaction’s structure. See, e.g., NRS 439A.
📌 Finally, healthcare business transactions face ever-changing regulatory demands, topped with an array of complex legal issues. As such, one must always be on the look out for unique regulatory requirements specific to the transaction.
Everything yields to diligence. The depth and variety of Frontier Health Law’s healthcare-related expertise sets the firm apart. Contact today at 702-852-2140, to get your transaction evaluated under both federal and Nevada law. ✌️