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Counsel That Cares

Counsel That Cares

di Holland & Knight

Governo Medicina

Recent Federal Developments in Healthcare Transparency

On Capitol Hill, the conversation around healthcare transparency is heating up. Since the Trump Administration took office in early 2025, there has been a push to combat healthcare fraud, waste and abuse, while providing patients, employers, payers, regulators and policymakers greater visibility into areas that have historically lacked transparency. In this episode of "Counsel That Cares," Senior Public Affairs Advisor Jordan Brossi, Congressional Investigations Team Co-Leader Christopher Armstrong and Healthcare Transactions attorney John Saran discuss the following topics: transparency in healthcare ownership structures, particularly those involving private equity firms and corporate investors Congress' efforts to ensure that nonprofit hospitals are meeting the requirements for tax-exempt status the anticipated increase in congressional investigations targeting healthcare organizations

Healthcare Real Estate and the Future of Outpatient Care

Healthcare real estate rewards lawyers who understand the business strategy behind the asset, not just the documents that close the deal. In this episode of "Counsel That Cares," Morgan Ribeiro, a director in Holland & Knight's Healthcare Section, speaks with John Bryant, the recently retired general counsel of Healthcare Realty Trust, about the evolution of outpatient care, risk management in large-scale growth and what in-house teams need from outside counsel. Mr. Bryant traces Healthcare Realty Trust's growth from a medical office pioneer to a $10 billion enterprise, explaining why practical legal advice, disciplined deal underwriting and strong client communication matter most when healthcare, real estate and regulation converge.

Clinical Independence in the Age of AI and Private Capital

Clinical independence is not a checkbox; it is the foundation that determines whether a healthcare platform can grow sustainably while adhering to the mandate to serve patients. In this episode of "Counsel That Cares," Healthcare Transactions attorney John Saran and oral and maxillofacial surgeon Robert "Bobby" McNeill discuss the increasing focus on the intersection of private equity investment and independent clinical judgment amid accelerated industry consolidation and heightened regulatory scrutiny. Dr. McNeill brings a distinct perspective combining professional medical and dental experience, an MBA in healthcare management, service on the Texas State Board of Dental Examiners and current law school studies. With this background, he emphasizes that even though private capital brings critical infrastructure, technology and operational support, its value is durable only when clinicians retain true authority over patient care, not only in legal documents but also in day-to-day practice, where metrics, financial incentives and emerging technologies such as artificial intelligence (AI) can subtly shape decisions. Throughout the conversation, both speakers reiterate that when clinical independence is not meaningfully preserved in practice, it can affect patient trust, regulatory exposure and overall platform stability.

The New Rules of Healthcare Fraud Enforcement

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.

Inside Telehealth's Growth, Regulation and Access

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.

Assessing the State of Healthcare Restructurings

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.

Minority Deals in Healthcare Private Equity: An Evolving Opportunity for GPs and Founders

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.

The Fast-Growing Wound Care Industry

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.

J.P. Morgan Healthcare Conference Recap: What Dealmakers Expect in 2026

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.

Regulating AI in Healthcare: The Road Ahead

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.

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