AHLA's Speaking of Health Law

Rob Gerberry speaks with Michael Peregrine about the major corporate governance trends that have popped up in the last six months. They discuss issues related to volatility, corporate responsibility, director and executive succession, competency-based models of board recruitment, information flow and micromanagement, health care fraud and enforcement, and hospital tax-exempt status.

Watch this episode: https://www.youtube.com/watch?v=SmQXxjI7qoo

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AHLA's popular Health Law Daily email newsletter is now a daily podcast, exclusively for AHLA Comprehensive members. Get all your health law news...

Drew Hoffman, Partner, Pinnacle Healthcare Consulting, speaks with Darren Skyles, Partner, Nelson Mullins, and Adam Tarosky, Partner, Nixon Peabody, about how health care organizations can best position themselves given regulatory agencies’ plans to utilize artificial intelligence (AI) and machine learning in their enforcement efforts. They discuss how regulatory agencies are using AI in practice, what this means for health care organizations, and concrete steps organizations can take to make their compliance programs AI ready. Sponsored by Pinnacle.

Watch this episode: https://www.youtube.com/watch?v=_bnF50mLDSk

Learn more about Pinnacle: https://askphc.com/ 

John Howlett, Senior Vice President and Chief Marketing Officer, Clearwater, speaks with Iliana Peters, Shareholder, Polsinelli, about the state of HIPAA Security Rule enforcement in 2026, including the pending Security Rule Notice of Proposed Rulemaking, OCR’s continued enforcement activity, and what health care organizations should be doing now while the regulatory picture remains unsettled. Sponsored by Clearwater.

Watch this episode: https://www.youtube.com/watch?v=KLJbNH1V7-I

Learn more about Clearwater: https://clearwatersecurity.com/ 

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Asha Scielzo, Director, Health Law and Policy Program, American University Washington College of Law, speaks with Radha Savitala, President and Chairman of Tenor Health Foundation, about her work helping hospitals and health systems facing significant pressures and ensuring the viability of community hospitals across the nation. They discuss the mission of Tenor Health Foundation and Tenor's recent acquisitions; Tenor's process for identifying, acquiring, and operating financially distressed hospitals to preserve critical medical services in underserved areas; and the community impact of Tenor's work. Radha also shares her views on artificial intelligence, telehealth, Medicaid, maternal health, and behavioral health. Sponsored...

Health information exchanges (HIEs) play a vital role in enabling providers and care coordinators to share information in support of patient care. But as telehealth and digital health models expand across state lines, organizations must navigate a patchwork of state laws, consent requirements, and interoperability challenges that often create significant friction in data sharing. Hal Porter, Director of Consulting Services, Clearwater, speaks with Sarah Chasson, General Counsel, Chief Legal Officer, and Chief Privacy Officer, Particle Health, and Jennifer Geetter, Partner, McDermott Will & Schulte LLP, about how evolving federal frameworks, state-level variation, and practical implementation challenges are shaping the future...

Jackie Papish, Partner, Barnes & Thornburg LLP, speaks with Brandon Helms, Shareholder, Hall Render Killian Heath & Lyman PC, about issues that arise during delays in Department of Justice (DOJ) investigations under the False Claims Act (FCA). They discuss potential reasons for these delays and what they mean for providers in terms of time and cost; how a 2023 case from the Fifth Circuit, United States ex rel. Aldridge v. Corporate Management, Inc., illustrated excessive DOJ delays; whether Congress intended for these kinds of delays when it passed the modern FCA; and possible ways to improve the system. Brandon recently co-authored an...

As health systems increasingly adopt artificial intelligence (AI)-enabled tools across clinical, operational, and administrative functions, legal and compliance teams are being asked to navigate new and complex questions around contracting, risk allocation, data use, and regulatory uncertainty. Zach Stephens, Senior Consultant, Clearwater, speaks with Carolyn Metnick, Partner, Sheppard, and Lauren Edelman Willens, Senior Counsel, Henry Ford Health, about why AI contracting is different, how organizations are responding, where vendors are pushing back, top “must ask” due diligence questions for AI vendors, the biggest pressure points around data rights and use, issues related to risk and liability, contracting strategies that...

In honor of Mother’s Day, Alé Dalton, Partner, Bradley Arant Boult Cummings LLP, speaks with Rachel Byrd, Partner, Bass Berry & Sims PLC, Kerri Zelensek, Associate General Counsel, Regent Surgical, and Katie Tarr, Shareholder, LBMC, about how motherhood has shaped their health law career journeys. They discuss navigating motherhood while building a successful and meaningful career, how to have full lives inside and outside the office, what they would tell their younger selves, and what they hope their children remember the most about them when they are grown. From AHLA’s Early Career Professionals Council.

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Rob Gerberry, Senior Vice President and Chief Legal Officer, Summa Health, speaks with Michael Peregrine about how to effectively separate a problematic or disruptive director from board service. They discuss common traits of problematic directors, issues with the power of removal and “for cause” requirements, options available to the board apart from removal, ensuring board understanding of expectations for director conduct, and the concepts of “offboarding” and “fitness to serve.”

Watch this episode: https://www.youtube.com/watch?v=UncbhNabZ20

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Joe Wolfe, Attorney, Hall Render Killian Heath & Lyman PC, speaks with Charles Oppenheim, Partner, Hooper Lundy & Bookman PC, about the current landscape surrounding the Physician Self-Referral Law, also known as the Stark Law. They discuss why the Stark Law is so complex and the kinds of issues that attorneys face in this area, how CMS has introduced more flexibility under Stark and ways that health care organizations can incorporate these new flexibilities into their contracting policies, best practices for analyzing arrangements that may overlap with other areas of the law, CMS’ efforts to clarify the “Big 3,” and issues related to val...

Andrew Mahler, Vice President of Privacy and Compliance Services, Clearwater, speaks with David Peloquin, Partner, Ropes & Gray LLP, about the emergence of agentic artificial intelligence (AI) in the health care industry and the accompanying legal and regulatory challenges. They discuss how agentic AI differs from earlier forms of AI, why this difference is legally meaningful in health care, some of the significant use cases that are being observed, the state legal and regulatory landscape, issues related to federal preemption and what a durable “patchwork” might look like, enforcement risks and how health care organizations should respond, and the core elem...

Rob Yates, Managing Consultant, BRG, speaks with Emily Palmer, Partner, McDermott Will & Schulte, Hassan Shaikh, Associate, Mintz Levin Cohn Ferris Glovsky and Popeo PC, and Tyler Dysart, Associate, King & Spalding LLP, about how to survive and thrive at large law firms. They discuss what drew them to health law and the large law firm setting, the pros and cons of life at a large law firm, what a typical day is like and workload volume, and the skillsets that are crucial to success. They also delve into how junior attorneys can navigate the complex hierarchical teams that are prevalent...

The 2026 Medicare Physician Fee Schedule (MPFS) final rule provides insight into how the current administration is thinking about value-based reimbursement. Adam Laughton, Shareholder, Greenberg Traurig LLP, speaks with Alex Kirkland, Senior Vice President, Coker Group, about the trajectory of value-based reimbursement and what is happening in traditional Medicare under the 2026 MPFS. They discuss issues related to alternative payment models (APMs) and conversion factors, steps that providers need to take to qualify as an APM (including investments in electronic health records and an analysis of costs versus benefits), and compliance considerations. Alex recently co-authored an article in Health Law Connections...

CMS’ Health Technology Ecosystem Initiative (HTE) is an ambitious effort announced by the White House and CMS to modernize the nation’s digital health infrastructure and expand data sharing beyond traditional clinical settings into the broader health and wellness ecosystem. At the center of this initiative is the CMS Interoperability Framework, which builds on prior federal interoperability efforts and emphasizes standardized data exchange, defined participant roles, secure and privacy-respecting data sharing, and patient-centric access. Ann Tiffany, Compliance Consultant, Clearwater, speaks with Melissa Soliz, Partner, Coppersmith Brockelman, and David Lee, Principal, Leavitt Partners, about what the HTE means for privacy, data...

Governmental investigations can strike anxiety into any health care organization. Richard Merino, Managing Director, BRG, speaks with Leia Olsen, Lead System Compliance & Investigations Counsel, Ascension, Jonathan Porter, Partner, Husch Blackwell LLP, and William Brady, Partner, Holland & Knight LLP, about how health care organizations can strategically respond to governmental inquiries. They discuss the different types of investigative demands, how governmental investigations usually start, the first 48 hours and why organizations should conduct “parallel investigations,” why collaboration with the government usually makes sense, and when to approach the question of a settlement. Leia, Jonathan, and William spoke about this topic at AHLA’s 2025...

Per recent Illinois legislation, Board Certified Behavior Analysts (BCBAs) in the state are now required by law to become licensed, and by January 1, 2027, owners of Applied Behavior Analysis (ABA) businesses must also become licensed. Meanwhile, two bills have been proposed in the Illinois Legislature this year that removes the requirement that owners of ABA businesses be licensed and contemplates BCBAs owning professional entities. John Saran, Partner, Holland & Knight LLP, speaks with Karem Alnatafgi, Founder and CEO, Peak Behavioral Services, Inc., and Veronica Glickman, Founder and CEO, Autism Behavioral and Educational Services, Inc., about the impact of these new licensure...

Rob Gerberry, Senior Vice President and Chief Legal Officer, Summa Health, speaks with Michael Peregrine about how health care corporate governance may be impacted by the rapid acceleration in artificial intelligence (AI) sophistication and utilization, and the implications for its future development. They discuss how the board should approach its fiduciary responsibilities and interact with senior executive leadership in the face of this rapid AI acceleration.

Watch this episode: https://www.youtube.com/watch?v=4FykGUMuYcQ

Essential Legal Updates, Now in Audio

AHLA's popular Health Law Daily email newsletter is now...

Alé Dalton, Partner, Bradley Arant Boult Cummings LLP, speaks with Kelly S. Street, Shareholder, Egerton McAfee Armistead & Davis PC, about his unique journey from farm boy to soldier to lawyer. They discuss Street’s experiences as a first-generation college student growing up on his grandparents’ Tennessee farm, what he learned serving in the U.S. Army, transitioning to law school as a veteran, what specifically drew him to health law and what his practice looks like, and why it is important for attorneys to find a “champion” or be one. They also discuss Street’s role in Backcountry Unit Search & Re...

The Cybersecurity Maturity Model Certification (CMMC) is gaining attention. Although CMMC originated within the Department of Defense, its reach is expanding into the health care ecosystem, often in ways that health care organizations don’t fully anticipate. Dave Bailey, Vice President of Consulting Solutions & Strategy, Clearwater, speaks with Jenifer McIntosh, Of Counsel, Stinson LLP, about when CMMC applies, how it differs from familiar health care compliance frameworks, and why third-party and supply chain risk are central to CMMC readiness. They also explore where health care organizations may be underestimating their CMMC exposure and what practical steps they can take to...

Based on AHLA's annual Health Law Connections article, this special ten-part series brings together thought leaders from across the health law field to discuss the top ten issues of 2026. In the tenth episode, Jennifer Smith, Partner, Wright Lindsey & Jennings LLP, speaks with David O’Neal, Partner, Parker Hudson Rainer & Dobbs LLP, about the current landscape of federal civil rights enforcement in health care. They discuss DOJ’s Civil Rights Fraud Initiative, the government’s use of the False Claims Act to enforce civil rights laws, investigations of large educational institutions, and enforcement related to conscience and religious freedom protections. From AH...

Kyle Faget, Partner, Foley & Lardner LLP, and Devin Cohen, Partner, Proskauer Rose LLP, discuss the current legal and regulatory landscape of clinical trials. They cover issues related to changes to the FDA’s regulatory process, research funding, research misconduct, regulation of wellness products and clinical decision support software, and telehealth and decentralization.

Watch this episode: https://www.youtube.com/watch?v=6wz6HgjJTeQ

Essential Legal Updates, Now in Audio

AHLA's popular Health Law Daily email newsletter is now a daily podcast, exclusively for AHLA Comprehensive members. Get all your health law ne...

Based on AHLA's annual Health Law Connections article, this special ten-part series brings together thought leaders from across the health law field to discuss the top ten issues of 2026. In the ninth episode, Kathy Roe, Managing Attorney, Health Law Consultancy, speaks with Judy Waltz, Partner, Foley & Lardner LLP, about the current areas of uncertainty surrounding Medicare Advantage (MA). They discuss why some MA Organizations (MAOs) are withdrawing plans, Humana v. Becerra and the potential impact on Risk Adjustment Data Validation audit processes and calculation of overpayment recoveries for MAOs, potential MAO network provider exposure under the False Claims Act, a...

Don Crawford, Partner, HMS Valuation Partners, speaks with Lisa Re, Partner, Arnold & Porter, Danielle Tangorre, Partner, Robinson & Cole, and Elizabeth Sullivan, Member, McDonald Hopkins, about the arrangements that pathology groups rely on—hospital professional service agreements, TC/PC structures, and transactions—and why these arrangements are getting so much attention from regulators. They discuss where the pressure points are, what DOJ and OIG are zeroing in on, and how counsel can navigate these arrangements without stepping into avoidable risk. Sponsored by HMS Valuation Partners.

Watch this episode: https://www.youtube.com/watch?v=suuj5sMw-Jw

Lear...

Based on AHLA's annual Health Law Connections article, this special ten-part series brings together thought leaders from across the health law field to discuss the top ten issues of 2026. In the eighth episode, Sheela Ranganathan, Adjunct Professor, Georgetown University School of Health, speaks with Jody Joiner, Member, Weaver Johnston & Nelson PLLC, and Amanda Smith, Counsel, K&L Gates LLP, about the latest trends and developments in reproductive health care. They discuss EMTALA, shield laws, medication abortion, and emerging ethical and legal challenges.

Watch this episode: https://www.youtube.com/watch?v=CnV7bUfTp4U

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Health care provider compensation has always been a complex and evolving issue, but in today’s regulatory and economic environment, the stakes are even higher. Liz Neiberg, Director, Stout, and Alex Olesen, Associate, Hall Render Killian Heath & Lyman PC, discuss what’s hot right now in provider compensation, including medical directorship arrangements and hospital-based arrangements (with a focus on radiology and anesthesiology). They also highlight some key enforcement trends. Sponsored by Stout.

Watch this episode: https://www.youtube.com/watch?v=YRr51fgGV5w

Learn more about Stout: https://www.stout.com/en/

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