Counsel That Cares

In this episode of "Counsel That Cares," Healthcare Transactions attorneys David Marks and Eric Scalzo, along with Chartis Strategic Transformation partners Sri Mani and Eric Mayeda, discuss the increasing scrutiny of investor-owned healthcare entities. They note state legislatures and the Federal Trade Commission (FTC) alike have expressed increasing concerns over consolidation's potential negative impacts. Mr. Mani and Mr. Mayeda share insights into how new regulations and rising public skepticism are shaping the healthcare investment environment, emphasizing the need for private equity firms to articulate their value proposition and focus on sustainable, long-term opportunities for growth.

The discussion also seeks to counter some of the negative publicity by highlighting the critical role of private equity in addressing healthcare industry challenges, such as access to care in underserved areas. The speakers argue that a nuanced approach to private capital that recognizes its potential to drive innovation is essential, along with a data-driven narrative that can effectively respond to negative perceptions. As they look toward 2025, the group expresses optimism about the future, suggesting that investment in healthcare is poised to increase, fueled by a commitment to improving patient outcomes and satisfaction.

In this episode of "Counsel That Cares," healthcare attorney John Arnold and Erika Haanpaa, a managing director at Cain Brothers, discuss mergers and acquisitions (M&A) trends in the behavioral health industry. Mr. Arnold and Ms. Haanpaa highlight increased investor interest in the sector, particularly in autism-related services and substance use disorder (SUD) treatment, along with labor challenges and wage inflation that have affected areas including applied behavioral analysis (ABA) therapy and intellectual and developmental disabilities (IDD) services. The speakers also examine the challenges that value-based care models face because of difficulties in measuring outcomes and aligning incentives across physical and mental health services. Looking ahead to 2025, Mr. Arnold and Ms. Haanpaa predict a moderate increase in deal activity, though not as robust as some are forecasting, with continued interest in behavioral health investments driven by ongoing market needs and maturation of existing private equity portfolios.

In this episode of "Counsel That Cares," healthcare attorney John Saran and PitchBook Lead Healthcare Analyst Rebecca Springer, Ph.D., discuss the state of healthcare transaction laws and their future in 2025. Mr. Saran and Ms. Springer examine the new amended version of Pennsylvania House Bill 2344, released just days before this episode was recorded, and look at the implications of California Gov. Gavin Newsom's recent veto of Assembly Bill (AB) 3129 targeting private equity-backed healthcare transactions.

In this episode of "Counsel That Cares," healthcare investigations and litigation attorneys Sandra Heller and Jennifer Weaver provide insights on trends driving government enforcement and commercial payer investigations and audits in the behavioral healthcare space. The attorneys note the importance of maintaining a proactive approach by prioritizing early awareness, open communication and swift resolution of identified concerns to effectively navigate audits and investigations.

The second installment of a two-part "Counsel That Cares" series on hospital conversions features healthcare attorney Jesse Neil, public policy attorney Ty Jackson and Isaac Squires, a partner at Jarrard Inc., a healthcare consulting and strategic communications firm. They dive into the complexities of converting public hospitals into private entities, discussing the importance of understanding regulatory frameworks, ensuring strategic governance and effectively communicating with stakeholders. Their conversation emphasizes the multifaceted issues at play, from adhering to board members' fiduciary duties to ensuring continued care throughout the transition to creating a communications plan that works internally and externally.

For a foundation on this topic, catch up with part one of the series: Conversions of Public Hospitals.

In this episode of "Counsel That Cares," healthcare attorney Jesse Neil examines the unique challenges and strategic options facing public hospitals, with a focus on navigating the turbulent waters of healthcare transformation. The conversation also looks at converting public hospitals to private status to harness more flexibility and drive growth. Mr. Neil is joined by Anu Singh, a managing director at Kaufman Hall, which is a financial and strategic advisory firm, to dive into today's topic. They discuss the complexity of healthcare markets, the impact of COVID-19 and potential partnership models for public hospitals aiming to remain viable and fulfill their community commitment amid industry shifts.

In this episode of "Counsel That Cares," bankruptcy attorney Tyler Layne is joined by Gibbins Advisors managing directors Clare Moylan and Ron Winters to discuss their company's annual healthcare bankruptcy report. Their conversation highlights key findings in the report, specifically data from 2023 bankruptcy filings in the healthcare space.

In this episode of "Counsel That Cares," healthcare attorney Colin Luke examines transactions for hospitals and health systems, as well as what's driving that activity across the country with hospitals and health systems, partnering, acquisitions and sales. Mr. Luke is joined by Rex Burgdorfer, a partner at Juniper Advisory, which is an investment bank that partners with hospitals and health systems, to dive into today’s topic.

In this episode of “Counsel That Cares,” healthcare attorney Daniel Patten continues the series of ongoing conversations about value-based care and risk-based reimbursement with special guest Brendan McDonald, the Vice President of Provider Reimbursement and Network Optimization at Highmark Health. Together they discuss the drivers pushing healthcare toward value-based care and higher quality care outcomes and how this push affects payers in healthcare, specifically focusing on the differences between private payers versus Centers for Medicare & Medicaid Services (CMS), Medicare Advantage and Medicare plans.

In this episode of Counsel That Cares, healthcare attorney Daniel Patten continues his series of ongoing conversations about the state of value-based care and payment systems with Drew Braucht, the Director of Healthcare Investment Banking at Ziegler. Throughout the episode, Mr. Braucht discusses trends in value-based transactions and investments, providing examples of transactions he has taken part in during 2023. They also discuss the different ways primary care and specialty care providers can participate in value-based risk and the important roles partnerships and enablers play in the space.