This article provides a general overview of mergers and acquisitions in relation to home health providers. It emphasizes issues relevant to the home health care industry. Mergers and acquisitions generally take the form of one of three types of purchases: asset purchase, stock purchase, or merger. This article discusses each form of purchase, addressing the advantages and disadvantages of each for the buyer and the seller, and provides guidance to the home health care prof essional in determining the most beneficial form of purchase depending on individual circumstances. Basic considerations in the choice of type of transaction and issues to resolve in drafting the agreement are also discussed.
1. Flynn B. RoTech agrees to healthy bid. The Orlando Sentinel, July 8, 1997, p B1.
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2. United States v Vernon Home Health, Inc, 21 F3d 693 (5th Cir 1994).
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3. Nathanson M. Home Health Care Answer Book-Legal Issues for Providers. Gaithersburg, Md: Aspen Publications; 1995.
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4. US Federal Trade Commission/Department of Justice.Statements of Antitrust Enforcement Policy in Health Care. Washington, DC: Government Printing Office; 1996.
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5. Horton W. Basic mergers and acquisitions. Presented at National Health Lawyers Association, M&A 2000: Tomorrow's Deals Today; January 16-17, 1997; San Diego, Calif.
