Claire Marblestone Quoted on Impact of New CA Health Care Deal Regulations

Foley & Lardner LLP partner Claire Marblestone is quoted in the Law360 article, “Calif. Healthcare Attys Working Late Thanks To New Regs,” offering insight on the impact of cost and market impact review regulations in California, which require eligible health care entities to undergo a review process by the recently created California Office of Health Care Affordability (OHCA).

The regulations, which came into effect on April 1, mean eligible entities must submit notice of a transaction at least 90 days before its expected closing, after which the OHCA has 45 to 60 days to decide whether to grant a waiver to the companies. Transactions undergoing a full review under the new rules could have to wait nine months or more before the deal can close.

Marblestone said that the picture remains unclear on how deeply the regulations will affect attorneys focused on health care transactions in the state. “No one knows exactly how this is all going to go,” she commented, noting that while there may be an increased staffing need on deals down the line, until changes to deal activity level come into focus, those who already know and understand the new regulations will likely just be busier.

Marblestone noted that she is receiving a lot more novel questions about things as OHCA processes develop.

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