Deal Structure Guide · Home Medical Equipment

How to Structure an HME Business Acquisition

From SBA financing and earnouts to equity rollovers, this guide covers the deal structures used in home medical equipment transactions — and how Medicare reimbursement complexity shapes every term.

Acquiring or selling a home medical equipment business requires deal structures that go well beyond a standard asset purchase. Medicare and Medicaid reimbursement rules, payor contract transferability, accreditation continuity, and equipment inventory valuation all create deal-specific risks that must be addressed in how the transaction is financed and documented. Most HME transactions in the $1M–$5M revenue range close as asset purchases using a combination of SBA 7(a) financing, seller notes, and performance-based earnouts. The right structure protects the buyer from reimbursement exposure and billing compliance risk while giving the seller credit for the recurring rental revenue and referral relationships they have built. This guide explains the most common deal structures used in HME acquisitions, what each looks like in practice, and how to negotiate terms that reflect the realities of operating a Medicare-certified DME supplier.

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SBA 7(a) Loan with Seller Note

The most common structure for HME acquisitions in the lower middle market. The buyer secures an SBA 7(a) loan covering 80–90% of the purchase price, injects 10–20% equity, and the seller carries a subordinated note for any gap between the loan proceeds and the agreed purchase price. The seller note is typically on full standby for 24 months per SBA requirements and carries interest rates of 6–8%.

SBA loan: 75–80% | Buyer equity: 10–15% | Seller note: 5–15%

Pros

  • Allows buyers to acquire an established Medicare-certified HME provider with relatively low upfront equity
  • Seller note signals the seller's confidence in business continuity and smooths the financing gap
  • SBA 7(a) terms of up to 10 years reduce monthly debt service, supporting positive cash flow post-close

Cons

  • SBA lenders will scrutinize Medicare billing compliance history and may require clean audit records before approval
  • Seller note subordination and standby provisions reduce the seller's near-term liquidity
  • Equipment-heavy balance sheets and rental fleet valuation can complicate SBA collateral requirements

Best for: First-time healthcare buyers or independent operators acquiring an established HME business with clean compliance history, active Medicare supplier numbers, and a stable recurring rental revenue base.

Asset Purchase with Payor Contract Retention Earnout

The purchase price is split into a fixed closing payment and a variable earnout component tied to the successful transfer and retention of key payor contracts — particularly Medicare, Medicaid, and major commercial insurance agreements — over a 12–24 month period post-close. This structure directly addresses one of the highest-risk elements of any HME transaction: the uncertainty of whether payor relationships and reimbursement rates survive the ownership change.

Fixed closing payment: 70–80% of purchase price | Earnout: 20–30% paid over 12–24 months

Pros

  • Protects the buyer from paying full value for payor contracts that cannot be transferred or that face rate renegotiation after closing
  • Aligns the seller's post-close cooperation on payor contract transitions with a financial incentive
  • Allows the seller to earn full value if referral relationships and reimbursement streams remain intact

Cons

  • Earnout calculations can become contentious if payor contracts are partially retained or rates are adjusted post-close
  • Sellers may resist earnout structures if they feel contract retention is outside their control after the sale
  • Structuring earnout triggers around CMS reimbursement changes versus seller performance requires careful legal drafting

Best for: Transactions where a significant portion of revenue flows through a concentrated set of payor contracts or where CMS reimbursement rates are subject to renegotiation during the transition period.

Partial Equity Rollover with Seller Retained Stake

The seller retains a 10–20% equity stake in the business post-close while the buyer acquires the controlling interest. The seller typically remains active in a transition or advisory capacity for 12–24 months, supporting referral network continuity, staff retention, and payor contract management. This structure is most common in PE-backed roll-up acquisitions where the seller's relationships with hospital discharge planners and physician referral networks are a critical value driver.

Buyer equity: 80–90% | Seller rollover stake: 10–20%

Pros

  • Keeps the seller financially engaged in the business's performance, reducing the risk of referral network disruption post-close
  • Provides a second liquidity event for the seller when the acquiring platform executes its eventual exit
  • Reduces the buyer's upfront cash requirement and aligns incentives during a complex operational transition

Cons

  • Sellers who retain equity must accept ongoing risk exposure to Medicare reimbursement changes and compliance costs they no longer control
  • Minority equity terms, valuation at exit, and governance rights require careful negotiation and legal documentation
  • Not ideal for sellers seeking a clean, full-exit transaction at close

Best for: PE-backed roll-up platforms acquiring a regional HME provider where the seller's referral relationships with hospitals, discharge planners, and physicians represent the core of the business's competitive moat.

Sample Deal Structures

Independent buyer acquiring a single-location home oxygen and respiratory therapy provider

$2,100,000

SBA 7(a) loan: $1,680,000 (80%) | Buyer equity injection: $210,000 (10%) | Seller note: $210,000 (10%)

Seller note on 24-month SBA standby at 7% interest, then 36-month amortization. Seller provides 6-month full-time transition covering Medicare billing, referral relationships, and staff onboarding. Purchase structured as an asset acquisition including Medicare supplier number, active payor contracts, rental fleet, and customer records.

Regional HME operator acquiring a competitor to expand CPAP and sleep therapy product line

$3,500,000

Cash at close: $2,800,000 (80%) | Earnout: $700,000 (20%) paid over 18 months

Earnout triggered by retention of top 5 commercial payor contracts at existing reimbursement rates and maintenance of at least 85% of recurring rental revenue run rate through month 18. Seller remains employed as Director of Clinical Operations at $90,000 per year during earnout period. Asset purchase structure excludes Medicare overpayment liabilities identified in pre-closing compliance review.

PE-backed HME roll-up platform acquiring a multi-location mobility and wheelchair equipment provider

$4,800,000

Cash at close: $4,080,000 (85%) | Seller equity rollover: $720,000 (15% retained stake)

Seller retains 15% minority interest in the combined platform entity, valued at prevailing platform EBITDA multiple at next liquidity event. Seller joins platform advisory board and manages hospital and skilled nursing facility referral relationships for 24 months. Asset purchase agreement includes specific representations and warranties on ACHC accreditation status, Medicare audit history, and equipment inventory condition with escrow holdback of $240,000 for 12 months to cover indemnification claims.

Negotiation Tips for Home Medical Equipment Deals

  • 1Request a full Medicare and Medicaid billing compliance review — including any open OIG audits, prior authorization denials, or past recoupment demands — before finalizing purchase price. Unresolved billing exposure can eliminate deal value entirely and is non-negotiable for SBA lenders.
  • 2Structure the earnout specifically around payor contract retention metrics rather than general revenue targets. HME revenue can shift significantly when a single hospital discharge planner changes their preferred provider, so tying earnout payments to specific payor relationships and reimbursement rates is more protective than top-line revenue thresholds.
  • 3Negotiate a detailed equipment inventory clause that categorizes rental fleet assets by age, condition, and depreciation status. Buyers frequently discover that aging oxygen concentrators or power wheelchairs require capital reinvestment that was not reflected in the asking price — get an independent equipment appraisal before close.
  • 4Require the seller to obtain written confirmation from major payors that contracts will transfer to the new legal entity before closing, or build a specific price adjustment mechanism into the purchase agreement if key payor contracts cannot be assigned. Medicare supplier number enrollment timing should be mapped out in the LOI stage.
  • 5Include an accreditation continuity warranty in the asset purchase agreement. If ACHC or Joint Commission accreditation lapses during the transition, the buyer may be unable to bill certain payors for weeks or months. Escrow holdbacks of 5–8% of purchase price for 12 months are standard protection against accreditation and licensing-related disruptions.
  • 6For seller note negotiations, offer the seller a higher interest rate — 7–8% — in exchange for an extended standby period of 24–30 months. This preserves the buyer's cash flow during the integration period while compensating the seller for deferred liquidity, and it is typically acceptable to SBA lenders when properly documented.

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Frequently Asked Questions

Why do most HME acquisitions use asset purchases rather than stock purchases?

Asset purchases are strongly preferred in HME transactions because they allow the buyer to acquire specific assets — Medicare supplier numbers, payor contracts, equipment inventory, customer accounts — without inheriting the seller's unknown Medicare billing liabilities, past overpayment exposure, or compliance violations. Given the frequency of CMS audits and retroactive recoupment demands in the DME sector, buyers almost always insist on asset purchase structures. Stock purchases may occur in PE-backed deals where tax efficiency and payor contract continuity outweigh the risk, but only after extensive representations and warranties insurance coverage is in place.

How does Medicare supplier number transfer work in an HME acquisition?

Medicare supplier numbers are not directly transferable. When ownership changes in an asset purchase, the buyer must apply for a new Medicare supplier number through the PECOS enrollment system, which can take 60–120 days or longer depending on CMS processing times. During this gap, the business typically cannot bill Medicare under the new ownership. To bridge this period, buyers and sellers often structure a management services agreement or transition services arrangement that allows billing to continue under the seller's number while the buyer's enrollment is pending — a structure that requires careful legal review to ensure compliance with CMS assignment of benefits rules.

What is a reasonable earnout structure for an HME deal?

In HME transactions, earnouts of 15–25% of purchase price paid over 12–24 months are most common and defensible. The most effective earnouts are tied to specific, measurable metrics: payor contract retention rates, recurring rental revenue as a percentage of pre-close run rate, or continuation of key referral source relationships. Avoid tying earnouts to EBITDA alone, since the buyer controls expenses post-close and can inadvertently — or intentionally — reduce the earnout payout through integration costs. Earnout periods beyond 24 months increase dispute risk significantly and are generally not recommended in lower middle market HME deals.

Will SBA lenders finance an HME acquisition if the business has Medicare reimbursement risk?

SBA lenders will finance HME acquisitions, but they scrutinize Medicare and Medicaid compliance history closely. Lenders typically require documentation that there are no open audits, active recoupment demands, or pending exclusions from federal healthcare programs. A clean three-year billing compliance history and current accreditation in good standing are baseline requirements. Some SBA lenders with healthcare lending experience will accept escrow holdbacks or seller indemnifications in lieu of fully resolved minor compliance issues, but material Medicare exposure is generally a deal-stopper for SBA financing and must be resolved before close.

How should equipment inventory be valued in an HME acquisition?

Equipment inventory in an HME business typically includes two categories: rental fleet assets that generate recurring monthly revenue and saleable inventory of disposables, supplies, and retail products. Rental fleet assets are most accurately valued through an independent equipment appraisal that accounts for age, condition, remaining useful life, and replacement cost. Do not rely on book value alone — fully depreciated equipment on the balance sheet may still generate revenue, while assets showing significant book value may require immediate replacement. Buyers should negotiate to exclude aging or non-revenue-generating equipment from the purchase price or use an inventory adjustment mechanism that trues up the final price based on an agreed equipment condition standard at closing.

What transition support should buyers require from HME sellers?

A 6–12 month seller transition is standard and should be explicitly documented in the purchase agreement. At minimum, the seller should actively support Medicare and Medicaid enrollment transfers, introduce the buyer to key hospital discharge planners, home health agency partners, and physician referral sources, train the buyer on billing workflows and accreditation compliance procedures, and assist in retaining key clinical staff including respiratory therapists and delivery technicians. For businesses where the owner personally manages referral relationships, a 12-month full-time transition with a structured 6-month consulting tail is not unreasonable to request — and for sellers retaining equity, this transition commitment is typically a condition of the rollover structure.

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