Counsel That Cares

Medicare's Wasteful and Inappropriate Service Reduction (WISeR) model introduces new prior authorization requirements that carry significant implications for healthcare providers and patients. In this episode of "Counsel That Cares," host Morgan Ribeiro speaks with Healthcare Senior Policy Advisor Miranda Franco, Healthcare Policy attorney Jennifer Hananoki and Anders Gilberg, senior vice president of government affairs at the Medical Group Management Association, about the model's rollout across six states. The speakers examine implementation challenges, administrative burdens, patient access concerns and congressional scrutiny while considering whether WISeR can reduce fraud, waste and abuse without delaying medically necessary care.

As demand for aesthetic services continues to rise, medical spas face growing scrutiny over patient safety, clinical oversight and regulatory compliance. In this episode of "Counsel That Cares," host Morgan Ribeiro speaks with healthcare attorneys Brett Elliott and Kim Rai, as well as New U Women's Clinic & Aesthetics Founder and CEO Rachel Fidino, ARNP, DNP, about the rapid expansion of the medical spa industry and the legal and operational challenges accompanying that growth. Bringing both legal and clinical perspectives, the speakers examine how scope-of-practice laws, supervision requirements and enforcement trends are shaping the industry while highlighting why strong compliance programs, active clinical leadership and accountability remain essential for managing risk, protecting patients and supporting sustainable growth.

Healthcare organizations can no longer rely on paperwork alone to prove compliance: Regulators increasingly expect concrete proof that governance structures operate in practice as described in the abstract. In this episode of "Counsel That Cares," healthcare attorney Shalyn Watkins and Camino Strategy Group CEO Phoebe Gutierrez examine how California's Corporate Practice of Medicine (CPOM) doctrine is shaping healthcare transactions, digital health platforms and investor-backed healthcare organizations. Using the recent Carbon Health settlement, ongoing litigation and broader enforcement trends as examples, they explain why regulators are looking beyond contract language to scrutinize operational decision-making, physician independence and management company control, while offering practical guidance for organizations seeking to structure and expand healthcare businesses in California's increasingly active regulatory environment.

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 investorsCongress' efforts to ensure that nonprofit hospitals are meeting the requirements for tax-exempt statusthe anticipated increase in congressional investigations targeting healthcare organizations

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 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.

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.