Over the last several years, increased oversight and regulation of healthcare transactions have developed across the country. State legislatures have been increasingly active in this arena over the last 18-24 months. To date, 15 states have enacted statutes containing notification or approval requirements for various types of healthcare transactions. Although the statutes have similarities to the filings required under the federal Hart-Scott-Rodino Act, the filing thresholds are much lower, and the scope of disclosure required can be much broader. Depending on the state, a timeline of as little as 30 to in excess of 180 days may be added to a transaction in order to navigate these filing requirements. It is important to analyze these requirements from both the buy-side and sell-side in advance of a transaction.
Bass, Berry & Sims is providing an interactive map as a tool for understanding the general framework and filing thresholds of these statutes. While this tool provides a general overview, each transaction should be analyzed on an individual basis. You should consult legal counsel with questions specific to your transaction. We will update the map as state details become available, so check back often for timely information. If you have questions about how these regulations may impact your transactions in the healthcare industry, please contact a member of our healthcare team. Click here to access the map.