Counsel That Cares

False Claims Act enforcement in healthcare is accelerating, and providers cannot afford to wait to react until the government comes calling. In this episode of "Counsel That Cares," litigation attorneys Meredith Auten and Jessica Sievert discuss the U.S. Department of Justice's new National Fraud Enforcement Division, record enforcement recoveries and the sectors drawing the sharpest scrutiny. They point to concrete examples already shaping the landscape involving Medicare Advantage, drug pricing, medical necessity, wound care, speaker programs and digital health. Ms. Auten and Ms. Sievert also talk about the government's expanded use of artificial intelligence and data analytics to identify fraud patterns and drive cases.

Telehealth innovation succeeds only when compliance discipline matches the pace of growth. In this episode of Counsel That Cares, Holland & Knight healthcare regulatory attorney Shalyn Watkins and Receptive CEO Amber Gill examine how modern telehealth platforms scale nationwide while navigating fragmented regulations that can differ drastically from jurisdiction to jurisdiction. Ms. Gill explains how Receptive reduces friction for patients by separating platform infrastructure from clinical decision-making, while Ms. Watkins details how corporate practice of medicine rules, data privacy laws and controlled substance regulations require careful state-by-state analysis. The discussion delivers a clear takeaway for telehealth providers and the legal professionals advising them: In healthcare disputes and enforcement actions, licensure privacy and regulatory design often determine whether innovative care models withstand scrutiny.

Healthcare bankruptcy filings in the middle market dipped in 2025, yet increased costs, payer denials and tighter credit continue to pressure providers across the sector. In this episode of Counsel That Cares, Gibbins Advisors Principals and Co-Founders Clare Moylan and Ronald Winters and Holland & Knight Bankruptcy Partner Tyler Layne analyze restructuring trends in the industry and explain why filings alone can understate real-time distress. Reviewing Gibbins Advisors' annual report on healthcare bankruptcies, they assess how out-of-court workouts and receiverships, along with in-court Chapter 11 proceedings, shape outcomes, and detail how strained finances can limit options well before a filing.During the conversation, Ms. Moylan and Mr. Winters identify healthcare operational and financial indicators that depress performance: payer denials, pharmacy spending, stabilized but higher labor costs and thin margins that weaken liquidity. They evaluate why 2026 may be pivotal for organizations as policy shifts affect coverage, reimbursement and balance sheets. They then outline practical steps for healthcare leadership teams: model best and worst cases, prioritize capital, engage vendors early, strengthen denial management and time transformation investments to build resilience.

Healthcare private equity enters 2026 seeking more creativity in deal structures and a sharper focus on operational value creation, while remaining mindful of a regulatory environment that continues to shape how transactions are executed. In this episode, Holland & Knight Healthcare attorneys David Marks and John Arnold and Clairvest Group Vice President Rahil Manji discuss what's driving investment decisions in healthcare services and why minority and structured investments are gaining momentum. They break down liquidity pressure, evolving governance expectations and how sponsors are shifting from multiple arbitrage and cheap leverage toward integration, disciplined operations with technology-enabled efficiency. Rahil explains Clairvest's entrepreneur-partnership approach, including how minority deals can support growth capital, founder liquidity and long-term alignment. The group also covers key legal and regulatory considerations for founders going to market, such as state healthcare transaction reporting laws, compliance credibility and antitrust readiness, with a forward-looking view of where deal volume and valuation may head in 2026.

Wound care is rapidly becoming one of healthcare's most closely watched – and most consequential – growth sectors, and this episode of "Counsel That Cares" gets to the heart of why. Holland & Knight Healthcare attorney Juliet McBride and HealBridge CEO Jon Belsher to unpack the forces reshaping wound care across the continuum, especially in post-acute and skilled nursing settings where patients are often the sickest and least visible. Together, they explore what's driving investment (technology, home-based care models and tighter continuity of care), why innovation must stay tethered to evidence-based indications and outcomes, and how the boom in advanced products has triggered intense audit activity, clawbacks and regulatory scrutiny. The conversation also examines the Centers for Medicare & Medicaid Services' (CMS) shifting reimbursement approach and the risks associated with business models built on fragile payment assumptions, while emphasizing a compliance mindset centered on patient-first care backed by strong documentation and measurable results.

Deal activity may be picking up, but expectations for 2026 are best described as cautious and practical. In this episode of "Counsel That Cares," Holland & Knight Healthcare Transactions attorney John Saran and Bailey & Company Director of Market Development Rebecca Springer recap the 44th Annual J.P. Morgan Healthcare Conference, sharing what they heard from sponsors, bankers and operators about the year ahead. They discuss the shift from "big rebound" predictions to a steady rebuild, what buyers are prioritizing in diligence and deal structuring, and where momentum is returning, including add-ons and creative investment formats. The conversation also highlights sectors drawing attention, from employer health and pharma services to applied behavioral analysis (ABA) platforms, healthcare IT's evolving AI lens, and emerging consumer health and longevity theses. Mr. Saran also breaks down the fast-changing regulatory environment surrounding private equity and corporate practice of medicine, including state transaction reporting laws, that are increasingly shaping how healthcare deals go to market.This podcast was recorded and is for informational purposes only. By accessing this podcast, you acknowledge that Bailey & Co. makes no warranty, guarantee, or representation as to the accuracy or sufficiency of the information featured. The views, information, or opinions expressed during this podcast series are solely those of the individuals involved and do not necessarily reflect those of Bailey & Co. This podcast should not be used as a substitute for competent investment advice from a licensed professional in your state and should not be construed as an offer to make or consider any investment or course of action.

In this episode of "Counsel That Cares," Public Policy & Regulation attorney John Vaughan, Healthcare attorney Dan Silverboard and Public Affairs Advisor Sarah Starling Crossan discuss the rapidly evolving landscape of artificial intelligence (AI) regulation in the healthcare industry. They explore the complex interplay between federal initiatives, such as executive orders and agency rules, and the surge of state-level legislation shaping AI use in clinical practice, insurance and patient care. The conversation highlights key compliance challenges, including the need for AI governance programs, bias audits, data quality assurance and transparency with patients. Listeners will gain valuable insights into navigating disparate regulations across jurisdictions and the importance of staying informed to responsibly implement AI technologies in the healthcare sector.

In this episode of "Counsel That Cares," Arjan Peters from Capstone moderates a conversation with his colleague Grace Totman, Holland & Knight healthcare attorney John Saran and Association for Responsible Healthcare Investment CEO Regan Parker about the evolving landscape of private equity investments in healthcare. They explore recent federal and state regulatory developments, including transaction reporting laws, antitrust scrutiny by the Federal Trade Commission (FTC) and notable battleground states pushing new legislation. The episode also highlights the impact of public perception shaped by high-profile healthcare closures, importance of transparent investment narratives and strategic approaches for investors to proactively engage with regulators and policymakers. Speakers emphasize that despite regulatory challenges, private equity plays a crucial role in sustaining and innovating the healthcare industry, encouraging stakeholders to document positive outcomes and advocate for balanced, informed policies that enable continued investment and growth.

In this episode of "Counsel That Cares," Daniel Patten, a partner in Holland & Knight's Healthcare Regulatory & Enforcement Practice, and Spencer Freeman, chief strategy officer at Gentiva, discuss the challenges and opportunities that come with delivering integrated palliative care services, highlighting the lack of a defined Medicare benefit for palliative care compared to more established models such as hospice. Mr. Freeman shares insights on building care models that serve high-risk patient populations through coordinated interdisciplinary teams and data-driven approaches, emphasizing the importance of collaboration with risk-based primary care providers. Mr. Patten adds a legal perspective on the evolving landscape of value-based care contracts, artificial intelligence (AI) integration and regulatory compliance. Together, they explore how innovative programs can improve patient outcomes, reduce acute care utilization and facilitate payer relationships, offering a comprehensive view of the future of palliative care within value-based healthcare delivery.

In this episode of "Counsel That Cares," Healthcare Transactions attorney Morgan Ivey and Skytale Group President and Head of Consulting Annie Robertson Hockey discuss the rapidly expanding medical spa (med spa) and aesthetics industry. The episode highlights the significant growth of the med spa market, estimated at $16.5 billion in 2023 and projected to reach $45 billion in 2025, driven by increasing consumer demand for non-invasive procedures such as injectables. Ms. Ivey and Ms. Robertson Hockey share insights into the factors contributing to this growth, including changing demographics, the attractiveness of the cash-pay model and advancements in technology. Additionally, they discuss the importance of regulatory considerations and the potential for consolidation in this fragmented market, while emphasizing the need for businesses to adapt their strategies in the face of evolving consumer behaviors and operational challenges.

This episode was previously recorded and released by Waller on November 7, 2022, and has been rebranded and relaunched now that Waller is a part of Holland & Knight. Originally released on May 4, 2023. In our final installment of our "Hospitals at a Crossroads" mini-series, Holland & Knight finance and restructuring attorney Tyler Layne is joined by Clare Moylan and Jim Davis from Gibbins Advisors, a healthcare firm providing restructuring, turnaround and other financial advisory services, to discuss the increase of Chapter 11 bankruptcies in the healthcare industry.

This episode was previously recorded and released by Waller on February 12, 2023, and has been rebranded and relaunched now that Waller is a part of Holland & Knight. Originally released on May 4, 2023. In our third episode of our "Hospitals at a Crossroads" mini-series, Holland & Knight healthcare attorney Jesse Neil is joined by special guests Martie Ross and David McMillan from PYA, a top 100 accounting firm and top 20 healthcare management consulting firm. Together, they discuss the rural healthcare sector as it relates to critical access to care and possible solutions to combat the issues facing small communities and their healthcare systems.

This episode was previously recorded and released by Waller on November 7, 2022, and has been rebranded and relaunched now that Waller is a part of Holland & Knight. Originally released on May 4, 2023. In our second episode of our "Hospitals at a Crossroads" mini-series, Holland & Knight healthcare attorney Jesse Neil and finance and restructuring attorney Tyler Layne are joined by special guests Jake Aygun and Eb LeMaster from Ponder & Co., a healthcare finance and strategic advisory firm focused exclusively on providing leading capital advisory, mergers and acquisitions, strategic advisory and management consulting services to not-for-profit hospitals and healthcare systems. They discuss what hospitals should be considering from a financial perspective and how expanding outside of the realm of in-patient care could benefit a hospital system's profitability.

This episode was previously recorded and released by Waller on October 11, 2022, and has been rebranded and relaunched now that Waller is a part of Holland & Knight. Originally released on May 4, 2023.In this episode of Counsel That Cares, we are launching a new mini-series called "Hospitals at a Crossroads" where our attorneys discuss the current status, challenges and opportunities in the hospital and health systems sector with various industry professionals.In this episode, Holland & Knight healthcare attorneys Jesse Neil and Tyler Layne are joined by former physician and hospital executive Dr. Mike Schatzlein, who now advises on hospital operations. They discuss the current healthcare mergers and acquisitions (M&A) landscape and how it has changed in the wake of the COVID-19 pandemic while reviewing case studies about how hospitals and hospital systems have been navigating these shifts.

In this episode of "Counsel That Cares," Healthcare Transactions attorneys David Marks and Eric Scalzo, along with Chartis Strategic Transformation partners Sri Mani and Eric Mayeda, discuss the increasing scrutiny of investor-owned healthcare entities. They note state legislatures and the Federal Trade Commission (FTC) alike have expressed increasing concerns over consolidation's potential negative impacts. Mr. Mani and Mr. Mayeda share insights into how new regulations and rising public skepticism are shaping the healthcare investment environment, emphasizing the need for private equity firms to articulate their value proposition and focus on sustainable, long-term opportunities for growth.The discussion also seeks to counter some of the negative publicity by highlighting the critical role of private equity in addressing healthcare industry challenges, such as access to care in underserved areas. The speakers argue that a nuanced approach to private capital that recognizes its potential to drive innovation is essential, along with a data-driven narrative that can effectively respond to negative perceptions. As they look toward 2025, the group expresses optimism about the future, suggesting that investment in healthcare is poised to increase, fueled by a commitment to improving patient outcomes and satisfaction.

In this episode of "Counsel That Cares," healthcare attorney John Arnold and Erika Haanpaa, a managing director at Cain Brothers, discuss mergers and acquisitions (M&A) trends in the behavioral health industry. Mr. Arnold and Ms. Haanpaa highlight increased investor interest in the sector, particularly in autism-related services and substance use disorder (SUD) treatment, along with labor challenges and wage inflation that have affected areas including applied behavioral analysis (ABA) therapy and intellectual and developmental disabilities (IDD) services. The speakers also examine the challenges that value-based care models face because of difficulties in measuring outcomes and aligning incentives across physical and mental health services. Looking ahead to 2025, Mr. Arnold and Ms. Haanpaa predict a moderate increase in deal activity, though not as robust as some are forecasting, with continued interest in behavioral health investments driven by ongoing market needs and maturation of existing private equity portfolios.

In this episode of "Counsel That Cares," healthcare attorney John Saran and PitchBook Lead Healthcare Analyst Rebecca Springer, Ph.D., discuss the state of healthcare transaction laws and their future in 2025. Mr. Saran and Ms. Springer examine the new amended version of Pennsylvania House Bill 2344, released just days before this episode was recorded, and look at the implications of California Gov. Gavin Newsom's recent veto of Assembly Bill (AB) 3129 targeting private equity-backed healthcare transactions.

In this episode of "Counsel That Cares," healthcare investigations and litigation attorneys Sandra Heller and Jennifer Weaver provide insights on trends driving government enforcement and commercial payer investigations and audits in the behavioral healthcare space. The attorneys note the importance of maintaining a proactive approach by prioritizing early awareness, open communication and swift resolution of identified concerns to effectively navigate audits and investigations.

The second installment of a two-part "Counsel That Cares" series on hospital conversions features healthcare attorney Jesse Neil, public policy attorney Ty Jackson and Isaac Squires, a partner at Jarrard Inc., a healthcare consulting and strategic communications firm. They dive into the complexities of converting public hospitals into private entities, discussing the importance of understanding regulatory frameworks, ensuring strategic governance and effectively communicating with stakeholders. Their conversation emphasizes the multifaceted issues at play, from adhering to board members' fiduciary duties to ensuring continued care throughout the transition to creating a communications plan that works internally and externally. For a foundation on this topic, catch up with part one of the series: Conversions of Public Hospitals.

In this episode of "Counsel That Cares," healthcare attorney Jesse Neil examines the unique challenges and strategic options facing public hospitals, with a focus on navigating the turbulent waters of healthcare transformation. The conversation also looks at converting public hospitals to private status to harness more flexibility and drive growth. Mr. Neil is joined by Anu Singh, a managing director at Kaufman Hall, which is a financial and strategic advisory firm, to dive into today's topic. They discuss the complexity of healthcare markets, the impact of COVID-19 and potential partnership models for public hospitals aiming to remain viable and fulfill their community commitment amid industry shifts.

In this episode of "Counsel That Cares," bankruptcy attorney Tyler Layne is joined by Gibbins Advisors managing directors Clare Moylan and Ron Winters to discuss their company's annual healthcare bankruptcy report. Their conversation highlights key findings in the report, specifically data from 2023 bankruptcy filings in the healthcare space.

In this episode of "Counsel That Cares," healthcare attorney Colin Luke examines transactions for hospitals and health systems, as well as what's driving that activity across the country with hospitals and health systems, partnering, acquisitions and sales. Mr. Luke is joined by Rex Burgdorfer, a partner at Juniper Advisory, which is an investment bank that partners with hospitals and health systems, to dive into today’s topic.

In this episode of “Counsel That Cares,” healthcare attorney Daniel Patten continues the series of ongoing conversations about value-based care and risk-based reimbursement with special guest Brendan McDonald, the Vice President of Provider Reimbursement and Network Optimization at Highmark Health. Together they discuss the drivers pushing healthcare toward value-based care and higher quality care outcomes and how this push affects payers in healthcare, specifically focusing on the differences between private payers versus Centers for Medicare & Medicaid Services (CMS), Medicare Advantage and Medicare plans.

In this episode of Counsel That Cares, healthcare attorney Daniel Patten continues his series of ongoing conversations about the state of value-based care and payment systems with Drew Braucht, the Director of Healthcare Investment Banking at Ziegler. Throughout the episode, Mr. Braucht discusses trends in value-based transactions and investments, providing examples of transactions he has taken part in during 2023. They also discuss the different ways primary care and specialty care providers can participate in value-based risk and the important roles partnerships and enablers play in the space.

In this episode of "Counsel That Cares," healthcare policy attorney Lisa Hawke and healthcare attorney Jesse Neil continue a discussion on renewed scrutiny of tax-exempt hospitals. They begin by examining a report recently released by Bernie Sanders, chairman of the Senate Health, Education, Labor and Pensions Committee, as well as a letter from other senators that raised several concerns about these hospitals. The conversation then moves to what the exemption requirements are and how hospitals can meet them, as well as creative ways boards can strive to fulfill their obligations while putting themselves in a favorable position before Washington. Ms. Hawke and Mr. Neil additionally offer advice and insights for hospitals that find themselves under scrutiny.

In this episode of "Counsel That Cares," data privacy attorney Paul Bond sits down with J.S. Held Digital Investigations and Discovery Practice Managing Director Antonio Rega to discuss how metapixels can become a threat for healthcare patient privacy. Their conversation provides insight on recent lawsuits involving allegations that the tech giant was profiting from the information by using it to deliver targeted ads.

This episode was originally released on October 9, 2023 | In this episode of Holland & Knight's “Counsel That Cares" podcast, tax attorney Don Stuart and Public Policy & Regulation attorney Chris Armstrong discuss the criteria that grant hospitals tax-exempt status, including several newly adopted standards impacting the industry. Their conversation provides insight on a bipartisan letter recently authored by a group of senators and sent to the Internal Revenue Service (IRS) citing concerns that some not-for-profit hospitals may be failing to fulfill their required obligations to maintain tax-exempt status. Using Congress’s interest in this topic as a starting point, the group shifts into a larger discussion about increased oversight of tax-exempt hospitals. They also highlight previous Congressional efforts to oversee tax-exempt hospitals, including a number of investigations and inquiries into various industry practices, explaining how those findings resulted in additional regulations. They conclude this episode by sharing advice for hospitals and hospital systems to consider in order to remain compliant with tax-exemption requirements and avoid a potential government inquiry.

This episode was originally released on October 5, 2023 | In this episode of "Counsel That Cares," Holland & Knight HIPAA and healthcare privacy attorneys Beth Pitman and Shannon Hartsfield dissect the highly publicized Dinerstein v. Google case. They address the implications and concerns of sharing public health information (PHI) to be used for research in developing artificial intelligence (AI) for healthcare as it relates to complying with HIPAA and state privacy laws.

This episode was originally released on September 21, 2023 | In this episode of "Counsel That Cares," Holland & Knight healthcare attorney Daniel Patten is joined by Susan Dentzer, president and CEO of America's Physician Groups (APG), to discuss the benefits and incentives for healthcare providers to switch from the current healthcare fee-for-service model to payment models that put more emphasis on value-based care and quality outcomes of patient care. Together they explore alternative payment models and how artificial intelligence (AI) is driving the value of care by providing patients with care outside of conventional settings, plus share their advice for new groups who are just beginning their transition into value-based care arrangements.

This episode was originally released on September 7, 2023 | In this episode of “Counsel That Cares,” Holland & Knight healthcare regulatory compliance attorney Jennifer Rangel is joined by Founder and Chief Operating Officer of WeInfuse, Reece Norris, to discuss and dissect the rapidly growing infusion therapy market in the healthcare sector. They discuss how the transition from hospital-based care to lower cost care settings like at-home treatment and ambulatory infusion centers has benefitted the infusion market, how technology is utilized by this sector to optimize patient care and what owners, operators and investors should know before entering into the infusion space.

This episode was originally released on August 24, 2023 | In this episode of “Counsel That Cares,” Holland & Knight healthcare and private equity attorney David G. Marks is joined by Stephen Scott, managing director at Bailey & Company, and Dana Jacoby, president and CEO of Vector Medical Group, to discuss contributing factors for the increased industry demand for cardiology services and the sudden spike of private equity interest in the sector.

This episode was originally released on August 16, 2023 | In this episode of "Counsel That Cares," Holland & Knight privacy and cybersecurity attorney Ashley Thomas discusses the Federal Trade Commission (FTC) and its more stringent approach toward digital health companies. She discusses the FTC's proposed rule, concerns and navigations in regard to pixel tracking and general advice for these companies in the digital healthcare sector.

This episode was originally released on July 13, 2023 | In this episode of "Counsel That Cares," Holland & Knight privacy and cybersecurity attorney Bess Hinson discusses the shifting oversight by the U.S. Securities and Exchange Commission (SEC) on cybersecurity requirements. This digital health conversation focuses on the SEC's proposed rule and provides helpful steps companies can take to prepare.

This episode was originally released on July 10, 2023 | In this episode of "Counsel That Cares," Holland & Knight healthcare attorney Jennifer Rangel is joined by Dudley Baker, a managing director at Canaccord Genuity, to discuss the state of digital healthcare and tech-enabled healthcare services. The conversation centers on the digital healthcare market, the various parties that are investing in this space, regulatory restraints and their outlook for the rest of the year.

This episode was originally released on June 29, 2023 | In this episode of "Counsel That Cares," Holland & Knight antitrust attorney David Kully and labor and employment attorney Mark Peters take a deep dive into the latest updates regarding non-solicitation and non-compete agreements in the healthcare space. Their conversation provides insight into what's happening at a federal level regarding employment-related matters, the Federal Trade Commission’s proposed rule, the impact of potentially banning non-competes and more.

This episode was originally released on June 22, 2023 | In this episode of “Counsel That Cares,” Holland & Knight healthcare attorney Daniel Patten is joined by Ryan Langdale and Mike Brown from Chartis to discuss their report “Unlocking Value in Cancer Care.” They discuss all things value-based care in oncology, focusing primarily on the newest developments in payment models, how digital solutions are advancing value-based oncology care and how providers are adapting to the ever-evolving value-based care landscape.

This episode was originally released on June 15, 2023 | In this episode of "Counsel That Cares," Holland & Knight healthcare attorney Daniel Patten is joined by Chance Sherer, Managing Director at VMG Health, to discuss recent and noteworthy healthcare mergers and acquisitions (M&A) transactions, specifically in the value-based care (VBC) sector. This conversation is framed by VMG's 2023 Healthcare M&A Report, which examines the healthcare M&A landscape in 2022 as well as the 2023 outlook. The group uses the report as guidance to discuss value-based care transaction activity, regulatory trends and other industry dynamics driving M&A across several prominent healthcare verticals.

This episode was originally released on June 9, 2023 | In this "Counsel That Cares" podcast episode, Holland & Knight bankruptcy attorney Phillip Nelson is joined by special guests Ron Winters and Allan Shaw from Gibbins Advisors, a management consulting firm focused in the healthcare sector. The advisory firm recently released a report covering the state of healthcare bankruptcies at the end of 2022. This podcast will dive deeper into this report and its findings regarding pharmaceutical companies.