Summer 2018 Course Schedule

Health Care Business Transactions (LAW-719-008)
Derek Kung

Meets: 09:00 AM - 05:00 PM (FS) - Warren - Room N100C

Enrolled: 12 / Limit: 22

Administrator Access


Notices

There are no notices at this time.

Description

This course is designed to introduce students to the business and legal issues that arise in health care transactions and the regulatory environment surrounding such transactions. This course will cover health care mergers & acquisitions, joint ventures, antitrust issues, and contracting with other providers/suppliers and vendors (especially business associates). The goal of this course is to provide students with practical knowledge and an opportunity to participate in contract drafting, issue spotting and negotiation exercises.

Textbooks and Other Materials

The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.

There is no mandatory textbook for this course. Required reading materials are:

- Hospitals, Market Share, and Consolidation, David M. Cutler, PhD; Fiona Scott Morton, PhD (https://scholar.harvard.edu/files/cutler/files/jsc130008_hospitals_market_share_and_consolidation.pdf)

- Asset Purchase Agreement (posted to MyWCL)

- Business Associate Agreement (posted to MyWCL)

- Itek Corp. v. Chi. Aerial Indus., 248 A.2d 625 (Del. 1968)

- SIGA Techs., Inc. v. PharmAthene, Inc., 67 A.3d 330 (Del. 2013)

- Osco Motors Co., LLC v. Marine Acquisition Corp., 2013 U.S. Dist. LEXIS 169171 (D. Del. 2013)

- California Business and Professions Code Section 2400 and 83 Ops. Cal. Atty. Gen. 170 (2000).

- 42 C.F.R. 489.18(c)

- Center for Clinical Standards and Quality/Survey & Certification Group September 6, 2013 Memorandum RE: Acquisitions of Providers/Suppliers with Rejection of Automatic Assignment of the Medicare Provider Agreement: Implications for Timing of Surveys and Participation Effective Date (https://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertificationGenInfo/Downloads/Survey-and-Cert-Letter-13-60.pdf)

- Deerbrook Pavilion, LLC v. Shalala, 235 F.3d 1100 (8th Cir. 2000)

- U.S. ex rel. Stop Illinois Marketing Fraud, LLC v. Addus Homecare Corp. (http://hr.cch.com/hld/USvAddusHomecareCorporation020317.pdf)

- Skim - Examples of Health Care Payment Models Being Used in the Public and Private Sectors (https://aspe.hhs.gov/system/files/pdf/208761/ExamplesofHealthCareModels1.pdf)

First Class Readings

Not available at this time.

Syllabus

Use your MyAU username and password to access the syllabus in the following format(s):