Upcoming Events

It is common in the DME industry for DME suppliers to be purchased…and sold.

This program will discuss the steps to be taken to successfully purchase and sell a DME supplier. In particular, the program will discuss the difference between an asset purchase and a stock purchase…including dispelling common misperceptions such as “the purchaser of the stock of a DME supplier assumes the liabilities of the supplier.”

Whether a transaction is an asset or stock purchase is particularly relevant in light of (i) the 36-month rule addressing change in majority ownership and (ii) the moratorium against the issuance of new PTANs. In addition, the program will discuss the mechanics of achieving a successful sale or purchase, including (i) execution of a Mutual Nondisclosure Agreement, (ii) transmittal of financials from the seller to the buyer, (iii) execution of a letter of intent, (iv) conduct by the buyer of “due diligence,” (v) negotiation and execution of the Asset Purchase Agreement/Stock Purchase Agreement and related closing documents, and (vi) providing notification to government agencies, third-party payors, and others.