McDermott Will & Emery Health Law Podcast

In the 10th episode of Season 2: Driving the Deal, Krist Werling, McDermott partner and co-head of the Private Equity Practice Group, and Brian Fortune, senior managing director at Farragut Square Group, are joined by Mark Francis, managing director at Houlihan Lokey and head of its Healthcare Group, as they summarize the end of Q2 for the healthcare industry. Together, they discuss the following:  Healthcare sectors poised to see an increase in deal volume and activity A review of activity and deal flow in Q1 and Q2 Sectors that are cooling off post-Q1 and Q2 The impact of digital health on the healthcare industry Sectors heading into distress territory Q3 insights

In the newest episode of Season 2: Driving the Deal, Krist Werling, McDermott partner and co-head of the Private Equity Practice Group, and Brian Fortune, senior managing director at Farragut Square Group, are joined by Ashley Fischer, McDermott health antitrust partner. Together, they discuss the following concerning healthcare antitrust in the Biden administration: The Federal Trade Commission’s (FTC) signaled interest in the effect of private equity on competition How the FTC views hospital consolidation Major cases in the physician market and subsequent enforcement activity Tips for investing with new scrutiny Labor market competition and recent significant cases

In episode 8 of Season 2: Driving the Deal, Brian Fortune, senior managing director at Farragut Square Group (FSG), is joined by Elle Kalisz, a research analyst at FSG, and Swatee Survee, CEO and founder of Litesprite. Together, they explore all things digital technology, including: What is a Digital Therapeutic? What makes a Digital Therapeutic different from traditional digital health tools? The intersection of digital self-help tools and mobile gaming. Provider, payor and employer uptake/participation. Insights for investors interested in the digital technology space.

In Season 2, Episode 7 of Driving the Deal, Krist Werling, McDermott partner and co-head of the Firm’s Private Equity Practice Group, and Brian Fortune, senior managing director at Farragut Square Group, are joined by Brian Stimson, a partner in McDermott’s Healthcare Practice Group and former Acting General Counsel and Principal Deputy General Counsel for the US Department of Health and Human Services. Together they discuss current litigation surrounding the impending future of the No Surprises Act, as well as: -The specialties most impacted by the legislation and subsequent litigation - An overview of the No Surprises Act and current litigation surrounding it -The Act’s impact on providers -Next steps for future litigation

In the sixth episode of Season 2: Driving the Deal, Krist Werling, McDermott Partner and Co-Head of Private Equity and Brian Fortune, Senior Managing Director at Farragut Square Group, are joined by Brian Stimson, Healthcare Partner at McDermott Will and Emery and former Acting General Counsel & Principal Deputy General Counsel for US Department of Health and Human Services, discuss the unwinding of the COVID-19 Public Health Emergency (PHE). They discuss the following topics:  Expected end of the COVID-19 PHE Conclusion and future of telehealth flexibilities Medicaid eligibility issues associated with the end of the PHE Remaining PREP Act Declarations Next moves for CMS and other agencies

In the fifth episode of Season 2: Driving the Deal, Brian Fortune, Senior Managing Director at Farragut Square Group, and guest co-host Holly Stokes, Senior Associate at Farragut Square Group, are joined by Justin Santa Cruz, Chief Development Officer at US Eye, an integrated, multi-specialty eye care platform. Recording live at McDermott’s annual Physician Practice Management & ASC Symposium in Nashville, Brian, Holly and Justin discussed: Operational and demand changes US Eye made in response to COVID-19 Current challenges and opportunities in the ophthalmology space Key features of ophthalmology assets for acquisitions and expansion The increasing role of private equity in ophthalmology The outlook for M&A activity in ophthalmology for 2022

In the fourth episode of Season 2: Driving the Deal, Brian Fortune, Senior Managing Director at Farragut Square Group, and guest co-host Jackie Williams, Head of Research at Farragut Square Group, are joined by Holly Stokes, Senior Associate at Farragut Square Group, live at McDermott’s annual Physician Practice Management & ASC Symposium in Nashville. Brian, Jackie and Holly discuss:  The stability and continued interest in gastroenterology and ophthalmology Specialties emerging as the next frontier for PPMs Challenges and special considerations for cardiology and ambulatory infusion The current macro pressures for PPMs including budget neutrality, clinical labor, sequester and pay-go

In the third episode of Season 2: Driving the Deal, Krist Werling, McDermott Partner and Co-Head of Private Equity, and Brian Fortune, Senior Managing Director at Farragut Square Group, are joined by Mark Francis, Head of Healthcare and Managing Director at Houlihan Lokey, live at McDermott’s annual Health Private Equity event in Miami. They discuss the following topics:  Healthcare sectors poised to see an increase in deal volume and activity Convergence of sectors creating new services in the next five years Future of orthopedic deals and changing sector activity “Transformative” deals and entering the innovative side of healthcare Value-based care and its impact on the market

On this episode of In the Trenches, McDermott partner and program host Brian Stimson continues his conversation with Mark Farrar and Katherine Norris of Epsilon Consulting and Mara McDermott, Vice President of McDermott+Consulting to discuss their thoughts on the Cares Act and Provider Relief Funds, including:   Pain points for providers on PRF compliance and enforcement Proactive steps to mitigate PRF fund risk regarding balance billing A simple and conservative approach to the loss of revenue methodology Risks and considerations presented with “double-dipping” Best practices for providers to mitigate risk in 2022 Points when engaging with HRSA Additional Resources: McDermott Will & Emery  

On this episode of In the Trenches, McDermott partner and program host Brian Stimson sits down with J. Mark Farrar and Katherine Norris of Epsilon Life Sciences and Mara McDermott, Vice President of McDermott+Consulting to review the history of the PRF, the big pain points for PRF recipients, and what to do about them, including:   How HHS stood up the PRF at the height of the pandemic How different PRF recipients operationalized the program requirements What providers can still do if HHS denied some or all the PRF funds they sought How the recent history informs current PRF reporting and enforcement risks The biggest reporting and compliance pain points for PRF recipients What PRF recipients should expect, and do next Additional Resources:   McDermott Will & Emery

In this second episode of Season 2 of Driving the Deal, Krist Werling, McDermott Partner and Co-Head of Private Equity, and Brian Fortune, Senior Managing Director at Farragut Square Group, are joined by Frank Martin, Head of Commercial Care at Farragut Square Group and a leader in commercial managed care. The topics discussed include: - The dominant trends in the commercial care market heading into 2022 - The state of beneficiary enrollment in Medicare Advantage - Managed care payor interaction in the Behavioral Health space and Medicaid - Proactive revisions to change of control specifications in deal contracts

In this episode of Driving the Deal, Krist Werling, McDermott Partner and Co-Head of Private Equity, and Brian Fortune, Senior Managing Director at Farragut Square Group, are joined by Holly Stokes, Senior Analyst at Farragut Square Group and veteran of numerous healthcare deals across the provider continuum. The topics they discuss include:  The state of the deal market in 2022  Deal questions surrounding PPMs  Overview changes impacting the post-acute and home health sectors Changing activity in the behavioral sectors with a focus on SUDS Increased deal activity in the digital health space 

On this episode of In the Trenches, McDermott partner and program host Brian Stimson sits down with Michael Kimberly, co-chair of McDermott’s Supreme Court appellate practice, and Bill Dombi, President of the National Association for Homecare and Hospice, to discuss their thoughts on the relationship between litigation and healthcare policy, including:   Insights from Michael's and Bill’s careers on the APA litigation side of health law How to engage with agencies to increase the likelihood of obtaining good policy outcomes without resorting to litigation Similarities between the rulemaking process and trial court proceedings and the importance of appellate strategy to both  Engagement with the Hill to help drive the outcome of the rulemaking process The challenges of litigation and parallel rulemaking Key cases to follow in 2022 Additional Resources:   McDermott Will & Emery

Lyn Amor Macaraeg is the Vice President of Legal Services and Corporate Secretary with agilon health, and is a longtime colleague and friend of program host Brian Stimson. Lyn began her career at the California Department of Managed Health Care (DMHC), and has over 15 years of legal experience, including serving as in-house counsel to leading health plans. On this episode of In the Trenches, McDermott partner and program host Brian Stimson sits down with Lyn to discuss: Insights from Lyn’s move into the managed care side of health law, from her time with the DMHC to her role as VP of Legal Services for agilon health agilon health’s unique platform and physician partnership model, and differs from traditional physician practice management How to overcome the challenges of supporting and expanding independent physician practices Key differences between the new direct contracting model and a traditional Medicare accountable care organization The impact of agilon’s model on physician workflow and patient care, and the significant benefit of value-based care Additional Resources:   McDermott Will & Emery

McDermott+Consulting Vice President Rodney Whitlock has nearly 25 years of experience in the health policy arena, having spent more than two decades as a staff member on Capitol Hill before moving into health policy consulting. On this episode of In the Trenches, McDermott partner and program host Brian Stimson sits down with Rodney to discuss: Insights from Rodney’s time on Capitol Hill, from the Republican takeover of Congress in 1994 to the Obama administration in the 2010s Lessons learned from the successes and failures of both parties on big health policy matters  The value of listening, political shifts in the US and the state of health policymaking in Congress today Key health policy priorities for the current administration and Congress Insights into reconciliation efforts and critical policy changes with telehealth and Medicare Additional Resources: McDermott Will & Emery

 McDermott+Consulting Vice President Debbie Curtis served as a chief of staff to a member of Congress and a member of the professional staff on the House Committee on Ways & Means, as well as a deputy director of the DC Health Benefit Exchange. On this episode of In the Trenches, McDermott partner and program host Brian Stimson sits down with Debbie to discuss:                     Debbie’s experience with health policy on Capitol Hill                     Lessons learned from growing the DC Health Exchange                     Debbie’s perspective on the Administration’s prioritization of health equity and approaches to Medicare and Medicaid.                     Insights into the potential post-pandemic public healthcare priorities of the Administration and the Congress,  including hospital structures and telehealth                     Key issues for today’s public health system Additional Resources: McDermott Will & Emery

As the United States Attorney for the District of Hawaii, McDermott partner Kenji Price led a team responsible for representing the United States in a wide array of criminal and civil litigation. On this episode of In the Trenches, he sits down with host Brian Stimson to discuss:   His military experience and the impact it had on his approach to leadership The importance of relationship building with the law enforcement community Leading the US Attorney’s Office in Hawaii, including his work on national security and drug trafficking matters Insights for general counsels on heightened enforcement activity from COVID-19, including government fraud and cybersecurity The impact of corporate culture on compliance, responding to investigations and federal enforcement   Additional Resources: McDermott Will & Emery

The President’s recently-released budget presents policy and business questions for every industry within the health sector. To help make sense of the potential impact on the health sector, today’s episode of In the Trenches zeroes in on the proposals in the budget related to the Department of Health and Human Services (HHS).     Jen Moughalian, former Acting Assistant Secretary for Financial Resources at HHS and Mara McDermott, Vice President of McDermott+Consulting, join host Brian Stimson to discuss: Presidential budget proposals and federal budgeting during transitions generally HHS programs that may benefit from the proposed spending increase in the budget Business opportunities and timelines related to the Advanced Research Projects Agency for Health (ARPA-H) accelerator initiative at the National Institute of Health Biden campaign promises reflected in the budget, including cancer research and civil rights issues Potential impact of equity policies on government grants and contracts  Treatment of Medicare, Medicare Advantage, Medicaid, and Exchange plans in the budget Jen and Mara’s insights into probable year-end actions and impending bills   Additional Resources: McDermott Will & Emery   McDermott+Consulting  

Conversation with a "Lawyer's Lawyer" on Appellate and Executive Branch Advocacy Jenn Dickey, Associate Chief Counsel at the US Chamber Litigation Center for the US Chamber of Commerce, is the quintessential lawyer’s lawyer, having served as a Supreme Court Clerk, Associate Counsel to the President, and Deputy Associate Attorney General. On this episode of In the Trenches, Brian Stimson, McDermott partner and former Acting General Counsel and Principal Deputy General Counsel for the US Department of Health and Human Services (HHS), sits down with Jenn to discuss her perspectives on: Supreme Court and appellate advocacy The roles of White House Counsel’s Office, the US Department of Justice and federal agencies in rulemakings and administrative litigation  The DOJ litigating components and their roles, institutional interests and approaches to litigation Key issues in Administrative Procedure Act litigation for American businesses Hot class action and mass action issues, including no-injury class actions, predominance and mass arbitrations

McDermott partner Julian André served as a federal criminal fraud prosecutor for six years in one of the busiest and most dynamic jurisdictions in the United States: the Central District of California. His service spanned the COVID-19 pandemic when the U.S. Department of Justice was ramping up efforts to police frauds on COVID-19 relief programs. On this episode of In the Trenches, Brian Stimson, McDermott partner and former Acting General Counsel and Principal Deputy General Counsel for the US Department of Health and Human Services (HHS), explores the following topics with Julian: > Increased enforcement activity and fraud prosecution following the implementation of COVID-19-related government programs > Julian’s experience in the Central District, including his leadership and work on securities and education fraud enforcement > Julian’s perspectives on healthcare fraud enforcement in the Central District of California and other jurisdictions > Insights and words of wisdom for general counsels navigating investigations or litigations in the Central District

Driving the Deal Podcast: Restructuring and Bankruptcy Considerations   2020 brought a global liquidity crunch impacting many industries, including healthcare. In this episode of the Collaborative Transformation: Driving the Deal series, McDermott Partner Krist Werling speaks with colleague Felicia Perlman, Partner and Global Co-Head of McDermott’s Restructuring and Insolvency Practice Group. They discuss restructuring and bankruptcy trends, including the impacts to private equity and forecasts for the healthcare industry moving forward. Specific topics include:   Restructuring trends that are unique to the healthcare industry   Strategic guidance for private equity investors when preparing for a potential restructuring   Industries prime for restructuring and their impact on healthcare Additional Resources: McDermott Will & Emery Collaborative Transformation Healthcare Life Sciences News Blog HPE Miami 2021

A revitalized focus on antitrust in healthcare has increased healthcare companies’ concerns about their compliance status. On this episode of In the Trenches,  Brian Stimson, McDermott partner and former Principal Deputy Counsel for the US Department of Health and Human Services, and Antitrust partner Justin Murphy, former prosecutor in the Department of Justice Antitrust Division, for an overview of healthcare antitrust enforcement issues and proactive steps companies need to take in order to remain compliant. Brian and Justin discuss:   The focus of DOJ’s Procurement Collusion Strike Force (PCSF) and defining the “red flags of collusion” DOJ’s use of data analytics  The top two industries facing increased antitrust enforcement attention, cases to watch and practical steps for companies under investigation The role of a computer hacking and intellectual property (CHIP) prosecutor The value of experienced defense counsel in antitrust investigations Recommended steps for healthcare organizations to assess their procurement protocols and other compliance programs   Additional Resources: McDermott Will & Emery

Driving the Deal Podcast: The Evolving Role of Insurance in Private Equity Investments   In this episode of the Collaborative Transformation: Driving the Deal series, McDermott Partner Krist Werling is joined by Neil Krauter, National Practice Leader of Private Equity at Risk Strategies and Founder of Krauter & Company. With a wealth of experience in private equity insurance, Neil explains how private equity funds' needs have changed and addresses current trends in the space, including:   The evolving role of rep and warranty insurance in private equity investments Insurance dynamics and issues in the rapidly changing SPAC deal space Key insights into due diligence, billing and coding Additional Resources: McDermott Will & Emery Harris WilliamsCollaborative Transformation Healthcare Life Sciences News Blog HPE Miami 2021

On this episode of In the Trenches, Brian Stimson, McDermott partner and former Acting General Counsel and Principal Deputy General Counsel for the US Department of Health and Human Services (HHS), is joined by Mara McDermott, Vice President of McDermott+Consulting and guest Satya Thallam, former Senior Counselor in the Office of Management and Budget (OMB) for a conversation on rulemaking processes, the Biden administration's expected approach on health policy and more. Satya, Brian and Mara discuss: The roles of OMB, the Office of Information and Regulatory Affairs (OIRA) and the Department of Health and Human Services (HHS) in the rulemaking process Approaches and top tips for effectively engaging with OIRA and OMB Real-world examples of navigating interagency communication during the rulemaking process The Biden administration's approach to executive orders in early days of his presidency

On this episode of In the Trenches, Brian Stimson, McDermott partner and former Acting General Counsel and Principal Deputy General Counsel for the US Department of Health and Human Services (HHS), sits down with McDermott partners Ben Curtis and Carlos Ortiz, two former Department of Justice (DOJ) prosecutors with decades of combined experience trying cases and conducting investigations across the US and in collaboration with international enforcement agencies. Brian, Ben and Carlos look back on the valuable experience they gained and top achievements while with the federal government and look ahead at potential enforcement challenges and proactive steps companies should take when engaging with DOJ, including: Company and individual actions that can raise enforcement risks Insights into collaborations between civil and criminal prosecutors Understanding settlements with DOJ, the UK Serious Fraud Office (SFO) and other international law departments Foreign Corrupt Practices Act (FCPA) risk areas facing pharma companies Addressing company and country cultures when establishing compliance protocols to mitigate enforcement risk Telehealth fraud and other high priority areas of enforcement for the DOJ today

In this episode of the Collaborative Transformation: Driving the Deal series, McDermott Partner Krist Werling speaks with Barry Freeman, Managing Director and Co-Head of Healthcare at Lincoln International, about current trends and topics surrounding the evolution of healthcare and its impact on private equity. They discuss:   A shifting mindset surrounding deals in the payor market   Key questions private equity investors want answered before investing in healthcare   Growth trends in government payor plans and their impact on providers   Investor insights into the home healthcare and telehealth spaces   Additional Resources: McDermott Will & Emery Harris WilliamsCollaborative Transformation Healthcare Life Sciences News Blog HPE Miami 2021

In this episode of the Collaborative Transformation: Driving the Deal series, McDermott Partner Krist Werling is joined by Cheairs Porter and Geoff Smith, Managing Directors at Harris Williams, to discuss key topics surrounding mergers and valuations in the private equity space, including:   Key characteristics of various competitive fund managers and non-traditional private equity funds Merging and scaling practice management assets and upcoming platform combination opportunities Steps to running a successful auction process from a seller’s perspective Valuation predictions for strong healthcare businesses in 2021   Additional Resources: McDermott Will & Emery Harris WilliamsCollaborative Transformation Healthcare Life Sciences News Blog HPE Miami 2021

In the latest episode of the Collaborative Transformation: Driving the Deal series, McDermott Partner Krist Werling is joined by Jeff Woods, Co-Head of Healthcare at EY-Parthenon, to discuss macro trends that are impacting private equity investments in healthcare including:   The impact of deferred healthcare spending on new private equity deal activity Investment opportunities in urgent care, healthcare IT, and surgical specialties Key considerations when investing capital in hospitals Trending investment activity in healthcare and technology   Additional Resources: McDermott Will & Emery EY-ParthenonCollaborative Transformation Healthcare Life Sciences News Blog HPE Miami 2021

Driving the Deal Podcast: A Lender’s Perspective on Healthcare PE Deals In the latest episode of the Collaborative Transformation: Driving the Deal series, McDermott Partner Krist Werling is joined by Tricia Lebo, Managing Director at Citizens Bank, to discuss opportunities that could spur private equity deals in healthcare. The topics they cover include:   The current state of the debt markets and their impact on PE deal activity  Investing opportunities arising from the growth in home medical equipment Other healthcare subsectors that are seeing deal activity pick up   Additional Resources: McDermott Will & Emery Citizens Bank Collaborative Transformation Healthcare Life Sciences News Blog HPE Miami 2021

In the third and final episode of our series on public hospital M&A, we discuss key regulatory considerations when executing public hospital M&A and planning for post-transaction success. McDermott partners Emily Cook and Megan Rooney are joined by Rex Burgdorfer, managing director at Juniper Advisory to discuss:   Key regulatory approvals that hospitals must anticipate and address Public and government hospital considerations regarding successful 340B participation, including DSH percentage thresholds The significance of critical access hospital status to acquirers and steps hospitals can take to maintain this designation and receive the same benefits as larger systems Steps hospitals can take to drive quality and financial agreements and promote post-transaction success The importance of effectively communicating with employees prior to dealmaking and during the transition period   Catch Up on Past Episodes in This Series “Driving the Deal: Public Hospital M & A and Stakeholder Buy-in” “Dealmaking in the Sunlight: Navigating Public Hospital M&A”