ARTICLE
21 September 2023

The Rise Of ESG In Healthcare Private Equity

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Bass, Berry & Sims

Contributor

Bass, Berry & Sims is a national law firm with nearly 350 attorneys dedicated to delivering exceptional service to numerous publicly traded companies and Fortune 500 businesses in significant litigation and investigations, complex business transactions, and international regulatory matters. For more than 100 years, our people have served as true partners to clients, working seamlessly across substantive practice disciplines, industries and geographies to deliver highly-effective legal advice and innovative, business-focused solutions. For more information, visit www.bassberry.com.
Despite potential headwinds from recent environmental, social and governance (ESG) marketing or product initiatives that received highly publicized backlash earlier this year, private equity (PE) firms...
United States Corporate/Commercial Law
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Despite potential headwinds from recent environmental, social and governance (ESG) marketing or product initiatives that received highly publicized backlash earlier this year, private equity (PE) firms remain under increasing pressure from their limited partners to integrate ESG matters into their operations and investment practices at the fund- and the portfolio company-level. Many funds continue to engage consultants and/or employ dedicated ESG specialists within their management companies to support these efforts and related limited partners (LP) communications and reporting. Q4 2023 and looking ahead into 2024 should see increased adoption of ESG practices and initiatives throughout the PE community.

ESG priorities for healthcare investors should include the following:

  • Define and understand the "ESG end goals" for your portfolio, and be sure those are aligned with your LP base and other key stakeholders. This focus should include identifying your key ESG-related LP priorities, such as reducing carbon footprints within your portfolio, diversity initiatives at board and portfolio company levels, and employee retention and wellness.

  • Assemble the right team and resources to better understand and analyze where your funds and portfolio presently sit relative to your end goals and define priority ESG action plans for the coming year.

  • Enhance ESG-related diligence policies and procedures (in coordination with outside lawyers and advisors), both for new investments and your existing portfolio.

  • Collect and analyze your ESG data, including tracking key performance indicators and implementing common policies at the portfolio level.

  • Assess your areas of ESG weakness and prepare for the eventuality of reporting and disclosing your successes (and failures) and quantifying financial costs and impacts.

  • Consider how to positively impact the community and regional economic development. For those healthcare services companies in particular that include multi-location and jurisdiction physician practice management organizations and that have a broad reach across numerous local communities, these focused efforts could have a tangible impact if coordinated at the management level and benefit the many geographies serviced by the larger organization. You could also consider how your healthcare organization could benefit under-served geographies and populations.

  • Have your management teams share in the implementation and "accountability" for the achievement of your goals, especially starting with your C-suites – i.e., from the top down.

The PE funds that are best positioned to lead the market will have a developed internal ESG expertise or function; actionable and appropriate ESG objectives; a demonstrated ability to acquire, analyze and report their ESG data; and portfolio company top-down buy-in and participation. The funds with these attributes should be able to garner the attention of the LPs with these priorities.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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ARTICLE
21 September 2023

The Rise Of ESG In Healthcare Private Equity

United States Corporate/Commercial Law

Contributor

Bass, Berry & Sims is a national law firm with nearly 350 attorneys dedicated to delivering exceptional service to numerous publicly traded companies and Fortune 500 businesses in significant litigation and investigations, complex business transactions, and international regulatory matters. For more than 100 years, our people have served as true partners to clients, working seamlessly across substantive practice disciplines, industries and geographies to deliver highly-effective legal advice and innovative, business-focused solutions. For more information, visit www.bassberry.com.
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