Todd Moody
ShareholderBrown & FortunatoTodd Moody has spent his entire career assisting healthcare industry clients with state and federal regulatory issues. He aims to establish long-term relationships that foster a deep understanding of his clients’ businesses and that enable collaborative relationships between client and counsel.
Todd specializes in home medical equipment suppliers, pharmacies, and drug and device manufacturers and wholesalers. He has significant experience with the state licensure and Medicare and Medicaid program enrollment requirements impacting these businesses. He also frequently assists with the healthcare regulatory components of mergers and acquisitions as well as state and federal agency investigations and audits.
Todd enjoys providing his clients day-to-day assistance with issues related to HIPAA, the Anti-Kickback Statute, Stark, and contract drafting and negotiation.
LEG02: M&A Considerations in Avoiding Government Enforcement Action
When engaging in mergers and acquisitions (M&A) in the healthcare sector, careful attention to regulatory compliance is essential to avoid enforce…When engaging in mergers and acquisitions (M&A) in the healthcare sector, careful attention to regulatory compliance is essential to avoid enforcement actions. Key considerations include thorough due diligence to uncover potential violations of h…When engaging in mergers and acquisitions (M&A) in the healthcare sector, careful attention to regulatory compliance is essential to avoid enforcement actions. Key considerations include thorough due diligence to uncover potential violations of healthcare laws such as the Anti-Kickback Statute, Stark Law, and HIPAA. Parties must evaluate the target’s billing practices, licensure status, and any history of audits or investigations. Ensuring co…When engaging in mergers and acquisitions (M&A) in the healthcare sector, careful attention to regulatory compliance is essential to avoid enforcement actions. Key considerations include thorough due diligence to uncover potential violations of healthcare laws such as the Anti-Kickback Statute, Stark Law, and HIPAA. Parties must evaluate the target’s billing practices, licensure status, and any history of audits or investigations. Ensuring compliance with federal and state fraud and abuse laws is critical, as even inadvertent violations can lead to significant penalties, transaction delays, and materially impact valuation. Awareness of emerging state disclosure requirements for private equity investments is becoming increasingly important. Structuring deals to address identified risks—such as through indemnifications or compliance plans—is also recommended. Post-closing integration should include alignment of compliance programs and staff training. Involving legal and compliance professionals early helps mitigate risk and supports a smoother transition. Ultimately, proactive regulatory planning throughout the M&A process protects both the acquiring and acquired entities from potential enforcement exposure and ensures long-term operational success.Show MoreClick the title to see all detailsShow More
