On January 27, Jayne Juvan was quoted by Law360 in an article that explores the recent surge in health care mergers and acquisitions, even in the face of the coronavirus pandemic.

“I have practiced law in health care M&A my entire career and have never been so bullish,” Jayne commented. “COVID-19 has placed attention on the significant need for consolidation, innovation and enhanced technology, and there’s no doubt this will fuel transactions in 2021 and beyond.”

Jayne also commented on the issue of compliance due diligence, “an additional work stream” for health care M&A transactions.

“Acquirers should take a close look at a target’s corporate and HIPAA compliance programs and ensure that they are appropriately integrated into the fabric of the target’s culture,” she said. “When compliance due diligence is delayed, it isn’t unusual for business teams to make integration plans only to then have their compliance divisions pump the brakes on the deal.”

Jayne also responded to the possibility that, although a target might appear on paper to be low risk, there could be kickbacks being paid in an effort to increase revenue and promote growth.

“In our due diligence, we follow the flow of money and try to understand the connections between various individuals and entities,” she continued. “For example, are consultants truly paid fair market value for legitimate consulting services, or is the payment simply an inducement for referrals from their affiliated institutions?”

Read the article here.