Bass, Berry & Sims attorneys Angela Humphreys and Krista Cooper authored an article for Mergers & Acquisitions providing insight on how dealmakers should prepare for added scrutiny amid state legislatures targeting private equity investment within the healthcare industry.
The attorneys discussed how a growing number of states have continued to adopt laws requiring pre-closing notice and affirmative approval prior to closing certain healthcare transactions. As of January 30, 2026, 15 states have enacted healthcare transaction notice requirements, including California, Colorado, Connecticut, Hawaii, Illinois, Indiana, Massachusetts, Minnesota, Nevada, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington.
State legislation targeting healthcare transactions, corporate practice of medicine (CPOM) and antitrust enforcement continues to increase, meaning dealmakers and investors should prepare for an increasingly complex regulatory environment, increased deal timelines and increased transaction costs.
“2026 is set up for a rebound in deal volume but success will favor investors who implement regulatory-savvy underwriting,” the authors noted. “Planning on the front end can streamline the process for navigating these complex requirements throughout the course of the transaction.”
The article, “How Dealmakers Should Prepare for Healthcare Private Equity Targeted by State Legislatures,” was published by Mergers & Acquisitions on February 6 and is available online.
Bass, Berry & Sims is actively tracking these legislative trends via our interactive health care transactions map. If you have any questions about these laws or any other state health care transaction notice requirements, please contact a member of our team.