AHLA's Speaking of Health Law

Phoebe Gutierrez, Founder, Camino Strategy Group, speaks with Ashley Osak, Shareholder, Polsinelli, and Shalyn Watkins, Senior Counsel, Holland & Knight, about how California’s evolving enforcement posture on the corporate practice of medicine (CPOM) doctrine is reshaping Management Services Organization/Professional Corporation (MSO/PC) structures, with a focus on activity by the California Office of Health Care Affordability (OHCA). They discuss California’s CPOM doctrine and recent enforcement actions, why 2026 has been an inflection point, whether buyers and sellers are rethinking MSO/PC structures, red flags about entering into these types of structures, OHCA’s new framework, and practical takeaways. Shalyn...

Lisa Noller, Partner, Foley & Lardner, and Felicia Sze, Partner, Athene Law LLP, examine common pitfalls and ethical issues lawyers face when advising clients on health care fraud and abuse matters. They offer guidelines for using artificial intelligence tools, explore the line between obstruction and legal advice during government investigations, and explain Upjohn warnings and why they are necessary. Lisa and Felicia spoke about this topic at AHLA’s 2026 Annual Meeting in New York, NY.

Watch this episode: https://www.youtube.com/watch?v=LI_aBgZm5EY

Learn more about AHLA’s 2026 Annual Meeting: https://www.amer...

Tyler Dysart, Associate, King & Spalding LLP, speaks with Felicia Alexander, Associate General Counsel, Dartmouth Health, Dylan Preble, Director of Compliance and Managed Care, AdventHealth, and Viren Doshi, Corporate General Counsel and Compliance Officer, Silver Cross Hospital, about how to survive and thrive at nonprofit health care providers. They discuss how they arrived in their current practice setting and what a typical day or week looks like; how their current experiences differ from their previous experiences at law firms; the value of being self-directed, wearing multiple hats, taking ownership of projects, and keeping an open door with colleagues; how they...

Jennifer Eilemberg, Managing Director, Stout, and Janice Suchyta, Partner, Buchalter, discuss areas of legal exposure involving artificial intelligence (AI) in health care, focusing on compliance takeaways and governance strategies for health care organizations. They frame their discussion around three gaps (consent, accountability, and transparency) and dive into the legal and ethical risks AI poses for physicians. Jennifer and Janice spoke about this topic at AHLA’s 2026 Annual Meeting in New York, NY. Sponsored by Stout.

Watch this episode: https://www.youtube.com/watch?v=UpQENeGy9mU

Learn more about AHLA’s 2026 Annual Meeting: https://www.amer...

Insurance coverage for government investigations and regulatory claims is a critical issue for health care organizations right now. Lilit Asadourian, Partner and Insurance Recovery and Counseling Group Co-Chair, Barnes & Thornburg, and Rebecca Cady, U.S. Health Care Practice Group Co-Leader, Lockton, discuss how health care organizations can navigate insurance coverage related to government enforcement activity. They explore the current landscape of government investigations, the types of insurance policies that are critical to covering investigations, and how insurance is part of a health care organization’s enterprise risk management strategy.

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

Strategic partnerships are common in the health care industry for good reasons. However, it is also common for these partnerships to run their course or hit roadblocks that may result in a separation. Annapoorani Bhat, Principal, PYA, and Jeanna P. Gunville, Partner, Morgan Lewis, use case studies to discuss some best practices for legal and valuation professionals supporting their health care clients through the evaluation and possible separation of strategic partnerships. Annapoorani and Jeanna spoke about this topic at AHLA’s 2026 Health Care Transactions conference in Nashville, TN. From AHLA’s Academic Medical Centers and Teaching Hospitals Practice Group.

A fair market value opinion and a carefully constructed agreement are foundational for physician compensation compliance, but they’re only part of the equation. Major enforcement actions often hinge on what happens after the agreement is signed. Eric Leafgreen, Vice President of Physician Compensation & Strategic Services, Ludi, and Alex Krouse, Associate General Counsel, Parkview Health, discuss the real-world breakdowns that lead to compliance failures in this space. They explore the essential compliance controls of an effective physician compensation program and share practical guidance on building a credible program. From AHLA’s In-House Counsel Practice Group. Sponsored by Ludi.

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Rob Gerberry, Adjunct Faculty, University of Notre Dame, speaks with Michael Peregrine, Fellow, SullivanCotter, about the latest judicial ruling on a longstanding staple of health care corporate governance—the board’s oversight obligations with respect to corporate compliance. They discuss the Delaware Court of Chancery’s recent decision, at the pleading stage, to dismiss Caremark claims against the officers and directors of the aircraft manufacturer Boeing, and they delve into key takeaways for health care boards.

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

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Mitchell Brie, President and Chief Executive Officer, Empower Healthcare & Compliance Partners, speaks with Guillermo J. Beades, Partner, Frier Levitt, about how compliance and legal professionals can proactively engage with each other to address the legal and regulatory issues facing the health care industry. They share their own real-world experiences navigating the nexus between health care legal and compliance across a range of issues, from risk to artificial intelligence to private equity and more. Sponsored by Empower Healthcare & Compliance Partners.

Watch this episode: https://www.youtube.com/watch?v=RxsDbkg2f74

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Banee Pachuca, Partner, Winston Taylor, and Taryn Nasr, Director, VMG Health, explore the constantly evolving regulatory landscape impacting joint ventures. They catch up on recent legal developments and enforcement actions affecting joint ventures, including the California AG’s enforcement of corporate practice of medicine laws, Oregon's update to its health care notification statute, and CMS’ enrollment moratorium that paused initial Medicare applications for new hospice providers and home health agencies. They also review key joint venture structures—including traditional equity joint ventures, management services organizations, and contractual arrangements—and discuss the compliance and regulatory considerations for each model. Banee and Tary...

Psychedelic therapy is increasingly becoming a part of clinical decision making, as evidenced by Compass Pathways’ announcement earlier this year of successful trial results for COMP360 psilocybin for treatment-resistant depression. Kimberly Chew, Senior Counsel, Husch Blackwell LLP, and L. Alison McInnes, MD, MS, Director of Psychedelic Medicine, Mindful Health Solutions, discuss the clinical realities and legal gray zones of psychedelic therapies as they move from controlled trials into real-world practice. They cover recent developments, the gap between clinical trials and clinical practice, Risk Evaluation and Mitigation Strategies, and what good early adoption looks like in the clinical setting. Kimberly an...

Psychedelic therapy is increasingly becoming a part of clinical decision making, as evidenced by Compass Pathways’ announcement earlier this year of successful trial results for COMP360 psilocybin for treatment-resistant depression. Kimberly Chew, Senior Counsel, Husch Blackwell LLP, and L. Alison McInnes, MD, MS, Director of Psychedelic Medicine, Mindful Health Solutions, discuss the clinical realities and legal gray zones of psychedelic therapies as they move from controlled trials into real-world practice. They cover recent developments, the gap between clinical trials and clinical practice, Risk Evaluation and Mitigation Strategies, and what good early adoption looks like in the clinical setting. Kimberly an...

For years, health care leaders have focused on value-based reimbursement. Increasingly, the real challenge isn’t simply how health care organizations get paid, but how they organize physicians and operations to perform successfully in a value-based environment. Randy Biernat, Partner, Forvis Mazars, speaks with Jim Wiehl, Partner, Baker & Hostetler LLP, about how health care organizations can use value-based enterprises as physician alignment frameworks. They discuss the various strategic opportunities and legal considerations facing health care organizations in this space. Sponsored by Forvis Mazars.

Watch this episode: https://www.youtube.com/watch?v=hkno5VPo8FU

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Lawyers are often involved in risk mitigation discussions or are the first line of communication when hospitals and health systems face adverse events. John Saran, Partner, Holland & Knight LLP, speaks with Toby Braun, Founder and Managing Partner, American Special Investigative Group, about why incident management is so important for hospitals and health systems. Citing real-world examples, they discuss the various cyber and physical security threats facing hospitals and health systems and how private investigations and effective planning can help providers. From AHLA’s Business Law and Governance Practice Group.

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

Linda Moroney, Partner, Manatt Phelps & Phillips LLP, and Don Stuart, Partner, Holland & Knight LLP, discuss the various tax considerations that go into a health care transaction. They cover the role of the tax advisor, the importance of knowing the tax status of the parties involved, how to identify the deal structure and approach the transaction from a tax standpoint, the type of tax due diligence that should be performed, the principal tax provisions in a deal agreement, the tax implications at deal closing, tax indemnification versus general indemnification, and post-closing tax-related issues. Linda and Don spoke about this topic...

Kathy Roe, Managing Attorney, Health Law Consultancy, speaks with Helaine Fingold, Partner, Epstein Becker Green PC, and Laurie Poulos, General Counsel and Chief Compliance Officer, TRANZACT, about the tension between the Centers for Medicare & Medicaid Services (CMS) and state insurance departments over Medicare Advantage (MA) marketing. They discuss where things stand now and how Medicare Advantage Organizations and agents/brokers can navigate this environment. They also discuss what CMS has had to say about artificial intelligence (AI) and MA marketing, and where CMS and state insurance departments may have concerns about the application of AI to MA marketing. Helaine...

Greg Etzel, Partner, Morgan Lewis & Bockius LLP, and Eric Lucas, Managing Director, Baker Tilly, discuss the latest trends and developments related to Medicare cost reporting and appeals. They cover why the Medicare cost report still matters and how it has changed over the years, recent litigation surrounding the cost report, how the wage index impacts hospital reimbursement, issues related to CMS’ low wage index policy and 1985 budget neutrality adjustment, the biggest procedural traps for hospitals, and reopening old cost reports. Greg and Eric spoke about this topic at AHLA’s 2026 Institute on Medicare and Medicaid Payment Issues in Baltimore, MD.<...

Ken Field, Health Care Antitrust Practice Leader, Hogan Lovells Cadwalader, speaks with Amanda Wait, Partner, Michael Best & Friedrich LLP, about hospital merger review and the role remedies play in getting deals through a very challenging antitrust environment. They discuss why the remedies question is currently so important for hospital and health system transactions, the impact of multi-jurisdictional review, what’s changed at the federal level regarding remedies, the differences between structural and behavioral remedies, the concept of “litigating the fix” and considerations around using that strategy, the kinds of behavioral remedies that are showing up at the state review level...

Rob Gerberry, Adjunct Faculty, University of Notre Dame, speaks with Michael Peregrine about emerging health care workforce issues that require the Board’s attention and how a Board’s human capital/human resources committee can best exercise oversight of these issues. They discuss how these committees can “retool” to address emerging workforce issues, issues related to employee burnout, why retraining employees is a governance issue, the concept of the “degradation of the quality of work,” and concerns around the impact of artificial intelligence on employee loyalty and hiring practices.

Watch this episode: https://www.youtube.com/watch?v=nFY-yc9v5x...

Medicaid payment suspensions are one of the most powerful tools the government has in the health care enforcement space, and the current administration has taken a robust approach to their use. Sarah Hall, Partner, Epstein Becker & Green PC, speaks with Clifford Barnes, Managing Partner, Clifford E. Barnes Esq. & Associates LLC, and Tom Barnard, Shareholder, Baker Donelson Bearman Caldwell & Berkowitz PC, about the rise of Medicaid payment suspensions targeting behavioral health providers in Washington, DC.  They discuss the mechanics of a Medicaid payment suspension, the specific trends they have recently seen regarding DC Medicaid, and what Medicaid providers can do t...

Sean Sullivan, Partner, Alston & Bird LLP, Alisa Chestler, Shareholder, Baker Donelson Bearman Caldwell & Berkowitz PC, and Betsy Hodge, Partner, Akerman LLP, discuss what health care providers should consider when contracting for AI-enabled tools or other advanced digital health tools like remote patient monitoring platforms and interoperability software. They discuss the current digital health and AI vendor landscape, the legal and regulatory framework, transactional challenges and strategies, and the future of these kinds of deals. Sean, Alisa, and Betsy spoke about this topic at AHLA’s 2026 Health Care Transactions conference in Nashville, TN.

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Joe Wolfe, Attorney, Hall Render Killian Heath & Lyman PC, speaks with Robert S. Salcido, Partner, Akin Gump Strauss Hauer & Feld LLP, about the current landscape of the False Claims Act (FCA) in the health care industry. They discuss the “falsity” element and the interaction between the FCA and the Stark Law and Anti-Kickback Statute, the constitutionality of the FCA’s qui tam provisions and possible Supreme Court intervention, the uptick in FCA investigations and other enforcement developments, the legacy of the SuperValu case and the impact on how FCA actions are litigated, and potential emerging government enforcement priorities. Robert is the...

Emily J. Cook, Partner, McDermott Will & Schulte, and Kelsey Bagheri, Principal Counsel, UCSF Health, discuss how covered entities and their legal counsel can navigate the current legal and compliance risks associated with the 340B program. They cover recent developments in the 340B program, top 340B compliance myths, the role of pharmacies in 340B oversight, how covered entities can ensure that 340B risks are understood across the entire organization, issues related to vendor arrangements and manufacturer inquiries, and how in-house counsel can make the greatest impact. Emily spoke about this topic at AHLA’s 2026 Institute on Medicare and Medicaid Payment Is...

When patient data becomes the raw material for AI, who actually governs it and for whose benefit? Mir Masud-Elias, Counsel, Arnold & Porter, and Mala Sahai, Senior Director, Intellectual Property and Legal Affairs, Gladstone Institutes, discuss the shift from data sharing as an administrative function to data licensing as a regulated risk transfer. They cover the multiple regulatory regimes (from state to federal to international); data types and classification risks; ownership, control, and governance; the three HIPAA pathways; core contract architecture; AI clauses, bias, validation, audit, and lifecycle risk; federated learning; patent versus trade secret strategy; and direct versus indirect...

Jennifer Hutchens, Partner, Dechert LLP, and Thomas Spellman, Associate General Counsel & Vice President, Fresenius Medical Care, discuss the role that joint ventures are currently playing in the health care industry and what to expect when engaging in a joint venture. They cover why joint ventures are so popular right now and issues related to the corporate practice of medicine, the Stark Law and Anti-Kickback Statute, antitrust, financial provisions and reporting rights, and restrictive covenants. They also share some hot spots they have seen in their own practices. Jennifer and Thomas spoke about this topic at AHLA’s 2026 Health Care Tr...

Claire O’Brien, Partner, Brooks Pierce, and Terri Harris, Partner, Fox Rothschild, discuss key considerations and practical insights for health care providers responding to subpoenas and other legal demands. They cover why it may be risky for a health care provider to simply comply with a subpoena or other legal demand; factors that affect a provider response; and issues related to HIPAA, 42 CFR Part 2, state law requirements, patient-initiated litigation, and enforcement. Claire authored a Health Law Weekly article on this topic.

Watch this episode: https://www.youtube.com/watch?v=82myAlUXge4

Read’s Claire’s Health...

Rob Gerberry, Adjunct Faculty, University of Notre Dame, speaks with Michael Peregrine about one of the “nuts and bolts” elements of corporate governance—the structure, organization, and operation of board committees. They discuss why this is the perfect time to address committee practice issues; how to create actionable items related to committee practices; considerations related to committee structure, subject matter coverage, charter, and authority; how effective committee practice supports the board’s ability to rely on the work of the committee; and the importance of independent committee members.

Watch this episode: https://www.youtube.com/watch?v=ps4vHkVY...

HHS has been implementing rulemaking related to information blocking since the passage of the 21st Century Cures Act a decade ago, and providers have taken note. Dennis Sapien-Pangindian, Founding Attorney, DSP Advocates PC, and Ammon Fillmore, Associate Chief Legal Officer for Information & Technology, AdventHealth, discuss what information blocking is and why it has become a real enforcement issue, the legal framework and compliance risks, the status of OIG enforcement, provider implementation and operational considerations, and compliance readiness. Dennis wrote an AHLA Briefing on this topic. From AHLA’s Fraud and Abuse Practice Group.

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Catherine Kirkland, Partner, King & Spalding LLP, and Baxter Morgan, Senior Counsel, Husch Blackwell LLP, discuss the landscape of Medicaid financing a year after the passage of the One Big Beautiful Bill Act, now known as the Working Families Tax Cut Act. They cover provider taxes and impending cuts, the hold harmless rule and litigation involving Florida and Texas, and potential alternative sources of Medicaid financing. Catherine and Baxter spoke about this topic at AHLA’s 2026 Institute on Medicare and Medicaid Payment Issues in Baltimore, MD. 

Watch this episode: https://www.youtube.com/watch?v=AbYL51fGuPQ

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Two common types of chronic care management and monitoring are chronic condition management (CCM) and remote patient monitoring (RPM). Rachel V. Rose, Rachel V. Rose—Attorney at Law PLLC, and Pam D’Apuzzo, Managing Director, VMG Health, discuss the regulatory landscape related to CCM and RPM. They cover issues related to compliance, coding, fraud and abuse, and the Chartspan False Claims Act case. Rachel and Pam wrote an article for Health Law Weekly about this topic.

Watch this episode: https://www.youtube.com/watch?v=dR63yMTZC5M

Read Rachel and Pam’s Health Law Weekly...

Jon Joseph, Partner, Christian & Barton, and Taryn Stone, Partner, Ice Miller, discuss recent developments in the corporate practice of medicine (CPOM) and the effect on health care transactions. They cover different state approaches to CPOM, how the current CPOM landscape has affected diligence considerations and other factors related to health care transactions, how artificial intelligence may impact CPOM laws, issues related to deal valuations, and compliance strategies. Jon and Taryn spoke about this topic at AHLA’s 2026 Health Care Transactions conference in Nashville, TN.

Watch this episode: https://www.youtube.com/watch?v=tcw9G1qBrbU

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One year after the passage of the Working Families Tax Cut Act (formerly known as the One Big Beautiful Bill Act), states and providers are continuing to grapple with the biggest changes to Medicaid in a generation. Harsh P. Parikh, Partner, Nixon Peabody LLP, Lloyd A. Bookman, Founding Partner, Hooper Lundy & Bookman PC, and Anne Winter, Senior Managing Director, FTI Consulting, discuss CMS’ June 1 interim final rule related to work requirements, the multi-state lawsuit challenging that rule (Massachusetts v. Oz), new eligibility and coverage requirements, CMS’ May 22 state-directed payment proposed rule, the current status of the Rural Health Transformation Prog...

Bankruptcy can change the balance of power in a dispute with Medicare and Medicaid in a significant way. Augie Curtis, Counsel, Offit Kurman, and Samuel Maizel, Partner, Dentons, discuss key restructuring issues related to distressed Medicare and Medicaid providers. They cover issues related to jurisdiction, Medicare and Medicaid provider agreements during bankruptcy, offset and recoupment, and suspension of Medicare and Medicaid payments. Augie and Samuel spoke about this topic at AHLA’s 2026 Institute on Medicare and Medicaid Payment Issues in Baltimore, MD. 

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

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Harriet Wall, President and CEO, LW Consulting, Inc., speaks with Rachel Hold-Weiss, Partner, Benesch Friedlander Coplan & Aronoff LLP, about the ins and outs of Unified Program Integrity Contractor (UPIC) audits and corporate integrity agreements (CIAs). They discuss how UPICs decide who to audit, what a UPIC audit appeal process is like, what providers should do within 48 hours of receiving an initial letter from a UPIC, advice for attorneys making an appeal at the administrative law judge level, and how providers can prevent UPIC audits. They also discuss how providers should respond to a CIA, how CIAs have changed over...

Rob Gerberry, Adjunct Faculty, University of Notre Dame, speaks with Michael Peregrine about challenges related to defining the role of the Board Chair. They use the controversy around the recently fired chairman of BP as a case study, discussing key takeaways for health care industry leadership and how to implement an appropriate governance construct around the role of Board Chair.

Watch this episode: https://www.youtube.com/watch?v=MSG6gou6Fok

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Greg Doggett, Counsel, Powers Pyles Sutter & Verville PC, and Felicity Homsted, CEO, FQHC 340B Compliance, discuss the current legal and regulatory landscape of the 340B program. They cover the intersection of 340B with the Inflation Reduction Act, concerns about the Rebate Model, pharmaceutical manufacturer restrictions and data requirements for covered entities, AbbVie’s patient definition lawsuit, state reporting requirements, and potential Congressional action.

Watch this episode: https://www.youtube.com/watch?v=KsnP7hLbvek

Essential Legal Updates, Now in Audio

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

Neal Shah, Shareholder, Polsinelli, speaks with Scott Strickland, Attorney, Hall Render Killian Heath & Lyman PC, about what the Center for Medicare and Medicaid Innovation (CMMI) has been doing in the health care space. They discuss examples of some of the more prominent CMMI models, the distinction between CMMI models and traditional CMS models, health care industry responses to CMMI models, what the next generation of CMMI models looks like, and the different approaches that CMMI has taken regarding provider payment obligations. Scott co-authored an article for Health Law Connections on this topic. From AHLA’s Regulation, Accreditation, and Payment Pr...

Tyler Dysart, Associate, King & Spalding LLP, speaks with Kennedy Bunch, Attorney, Hall Render Killian Health & Lyman PC, Mitchell Surface, Associate, Maynard Nexsen PC, and Parker Zopp, Associate, Jackson Kelly PLLC, about how to survive and thrive at small and regional law firms. They discuss how their pre-law school experiences influenced their decision to pursue careers in health law, how they acquired the skills needed for their specific practices, and how litigation and regulatory/transactional practices differ. They also share how new associates can effectively manage new projects and expectations from senior colleagues, strategies around billable hours, and the biggest...

Melissa Soliz, Partner, Coppersmith Brockelman PLC, speaks with Brendan Keeler, Interoperability Practice Lead, HTD Health, and Amy Bagge-Smith, General Counsel and Head of Regulatory Affairs, Arcadia, about the cases that are currently shaping interoperability law and how the health care industry is responding. They discuss which legal theories are gaining traction and which ones are appearing more fragile, impacts on national frameworks and CMS’ Aligned Networks initiative, and how tech innovators and health care providers can navigate this complex environment. Melissa, Brendan, and Amy spoke about this topic on a recent AHLA webinar. From AHLA’s Health Information and Tech...

In honor of Father’s Day, Alé Dalton, Partner, Bradley Arant Boult Cummings LLP, speaks with Dougie Barnard, Attorney, Hall Render Killian Health & Lyman PC, and Travis Lloyd, Member, Bass Berry & Sims PLC, about how fatherhood has shaped their health law career journeys. They discuss how fatherhood changed their perspective on what a successful career means, the importance of parental leave and how organizations can support working parents, building a meaningful career while maintaining a full family life, and what they hope their children remember the most about them when they are grown. From AHLA’s Early Career Professionals Counc...