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Expert's Corner - Why Solvency Opinions Matter in Healthcare Transactions

Ingrid Aguirre and Don Barbo

Expert's Corner - Why Solvency Opinions Matter in Healthcare Transactions
© 2021 Yiu Yu Hoi via Getty Images

A solvency opinion is a professional assessment of a healthcare company’s financial health, specifically its ability to meet its long-term obligations, based on current and projected financial conditions. When a company is solvent, its assets exceed its liabilities and it is able to pay its obligations within a specified amount of time if required by lenders. In the healthcare industry, where regulatory compliance, reimbursement structures, and operational costs significantly impact the financial stability of a business, solvency opinions provide essential insights.

Three Ways Solvency Opinions Provide Protection

1. Legal Compliance & Risk Mitigation

Solvency opinions are crucial for legal compliance and risk mitigation, supporting adherence to regulatory requirements by assuring boards, shareholders, and lenders. Decisions involving mergers, acquisitions, and dividend distributions should be made with a clear understanding of the company’s financial standing. These opinions mitigate risk by demonstrating that healthcare directors and officers acted in good faith, making informed decisions based on sound financial analysis, which can protect them from potential liability.

2. Stakeholder Confidence

A credible solvency opinion enhances transparency and builds trust among investors, creditors, and other stakeholders. It reassures them that the company has solid financial footing, facilitating smoother transactions and negotiations. These opinions are crucial in healthcare transactions, such as mergers, acquisitions, and restructuring, giving stakeholders confidence in the organization’s financial viability.

3. Legal Protection & Dispute Resolution

Healthcare transactions face heightened financial and regulatory scrutiny, and independent solvency opinions can be critical in legal disputes related to insolvency. Credible solvency opinions can counter allegations of misconduct by providing evidence that the organization was solvent at the time of the transaction. Solvency experts may also provide testimony in court, explaining the methodologies behind their analyses to clarify complex financial matters. In settlement negotiations, a well-supported solvency opinion serves as a factual foundation, facilitating fair resolutions based on the organization’s actual financial position.

Additional resources and information on Solvency Opinions are available at https://www.bvresources.com/.

Submitted by VMG Health