AHLA's Speaking of Health Law

Texas’ attorney general recently filed a civil lawsuit against a New York physician for prescribing medication abortion pills via telehealth to a woman in Texas. Natalie Birnbaum, State Legal and Policy Director, RHITES, and Krusheeta Patel, Associate, Manatt Phelps & Phillips LLP, discuss this first open challenge to abortion shield laws and the intersection of telehealth, abortion access, and interstate licensure pathways for U.S. providers. New Health Law Daily Podcast Coming in January 2025 Coming in January 2025, AHLA’s popular Health Law Daily email newsletter will also be available as a daily podcast, exclusively for AHLA Premium members. Listen to all the current health law news from the major media outlets on this new podcast! Subscribe Now

Glenn Prives, Partner, Epstein Becker & Green PC, and Elizabeth Kastner, Senior Transactional and Corporate Counsel, TriHealth, Inc., discuss the current climate around hospital/physician affiliation models in the age of private equity, and they cover six different models they are currently seeing in the health care industry. Glenn and Elizabeth spoke about this topic at AHLA’s 2024 Health Care Transactions conference in Nashville, TN. From AHLA’s Business Law and Governance Practice Group. Learn more about AHLA's 2025 Health Care Transactions conference in Nashville, TN here. New Health Law Daily Podcast Coming in January 2025 Coming in January 2025, AHLA’s popular Health Law Daily email newsletter will also be available as a daily podcast, exclusively for AHLA Premium members. Listen to all the current health law news from the major media outlets on this new podcast! Subscribe Now

Lisl Dunlop, Partner, Axinn Veltrop & Harkrider LLP, speaks with Mark Seidman, Partner, Weil Gotshal & Manges LLP, about some of the potential health care antitrust priorities of a second Trump Administration. They discuss how antitrust enforcement has changed over recent administrations; and the incoming administration’s potential approaches to the new Merger Guidelines, hospital merger enforcement, focus on labor market impacts, private equity in health care, and the FTC’s rule banning non-competes. From AHLA’s Antitrust Practice Group. Sponsored by Axinn. Listen to Lisl and Mark’s October 2023 podcast, when Mark was Assistant Director for the Mergers IV Division of the FTC’s Bureau of Competition. New Health Law Daily Podcast Coming in January 2025 Coming in January 2025, AHLA’s popular Health Law Daily email newsletter will also be available as a daily podcast, exclusively for AHLA Premium members. Listen to all the current health law news from the major media outlets on this new podcast! Subscribe Now

Rob Gerberry, Senior Vice President and Chief Legal Officer, Summa Health, speaks with Michael Peregrine, Partner, McDermott Will & Emery, about the governance trends that health care boards should anticipate in 2025. These trends fall into three categories: those that arise from the change of administrations in Washington, DC, those that are relatively new and emerging on the governance canvas, and those that reflect an evolving perspective on traditional governance trends. New Health Law Daily Podcast Coming in January 2025 Coming in January 2025, AHLA’s popular Health Law Daily email newsletter will also be available as a daily podcast, exclusively for AHLA Premium members. Listen to all the current health law news from the major media outlets on this new podcast! Subscribe Now

David Cade, Executive Vice President and CEO, American Health Law Association, speaks with Eric Zimmerman, Partner, McDermott Will & Emery, about the potential health care priorities of a second Trump Administration. They discuss possible health care considerations in any upcoming tax bill, drug pricing and Pharmacy Benefit Manager reform, the Affordable Care Act, reproductive health, the future of the CMS Innovation Center, antitrust enforcement, and the role of private equity. New Health Law Daily Podcast Coming in January 2025 Coming in January 2025, AHLA’s popular Health Law Daily email newsletter will also be available as a daily podcast, exclusively for AHLA Premium members. Listen to all the current health law news from the major media outlets on this new podcast! Subscribe Now

Gerald Griffith, Partner, Jones Day, and Stephanie N. Switzer, Senior Counsel, Cleveland Clinic, discuss, in top ten style, common audit risks for nonprofit health care organizations and strategies for minimizing potential tax exposure. Gerald and Stephanie spoke about this topic at the 2024 Annual Meeting in Washington, DC. Learn more about the 2025 Annual Meeting in San Diego, CA here. New Health Law Daily Podcast Coming in January 2025 Coming in January 2025, AHLA’s popular Health Law Daily email newsletter will also be available as a daily podcast, exclusively for AHLA Premium members. Listen to all the current health law news from the major media outlets on this new podcast! Subscribe Now

On September 20, a jury ruled in favor of St. Charles Surgical Hospital and the Center for Restorative Breast Surgery in their case against Blue Cross Blue Shield of Louisiana for failure to fully pay for services rendered, awarding the plaintiffs over $421 million. Joe Aguilar, Managing Partner, HMS Valuation Partners, speaks with Matthew Sherman, Partner, Chehardy Sherman and Williams, about the genesis of the case, the main arguments at play, how the plaintiffs won those arguments, and some key takeaways. Sherman was one of the attorneys who represented the plaintiffs in St. Charles Surgical Hospital, LLC et al vs. Louisiana Health Service & Indemnity Company et al. Sponsored by HMS Valuation Partners. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Dan Levin, Director, Stout, speaks with Danielle Tangorre, Partner, Robinson & Cole, and Parker Eastin, Partner, Nicholson & Eastin, about the legal and regulatory landscape surrounding marketing arrangements in health care and how they are working with their clients to structure these arrangements. They discuss the types of arrangements they are seeing and the kinds of marketing services commonly covered by these arrangements, recent enforcement activity, and strategies related to fee determination and valuation. Sponsored by HealthCare Appraisers, now part of Stout. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Michelle Johnson Tidjani, CommonSpirit Health, and Florence L. Di Benedetto, Di Benedetto Solutions, Inc., discuss the mental health challenges that health lawyers face and how to tackle the stigma that the legal profession attaches to mental health. They share their personal experiences with mental health and strategies to build resilience and cope with difficult and stressful situations. Michelle and Florence spoke about this topic at AHLA’s 2024 In-House Counsel Program in Washington, DC. Learn more about AHLA's 2025 In-House Counsel Program here. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Danielle Bangs, Director, Veralon, and Kelley Taylor Hearne, Partner, Faegre Drinker Biddle & Reath LLP, discuss the growing trend of health systems entering into joint ventures and other forms of partnership with specialty operators. They cover the trends they are seeing in this area, legal and financial issues that need to be worked through as these partnerships are developed, considerations related to management and other ancillary agreements, and post-transaction considerations. Danielle and Kelley spoke about this topic at AHLA’s 2024 Health Care Transactions conference in Nashville, TN. Sponsored by Veralon. Learn more about AHLA's 2025 Health Care Transactions conference here. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Kevin Malone, Epstein Becker Green, speaks with Dr. Henry Harbin, a leader in the behavioral health space, about the September 2024 final rule implementing amendments to the Mental Health Parity and Addiction Equity Act. They discuss what the new regulations do to advance mental health parity, what this means in the context of managed care and mental health and addiction treatment coverage and payment policy, and what’s next for mental health parity as a tool of behavioral health financing and access reform. From AHLA’s Behavioral Health Practice Group. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Rob Gerberry, Senior Vice President and Chief Legal Officer, Summa Health, speaks with Michael Peregrine, Partner, McDermott Will & Emery, about the proper role of health care organization boards in relationship to technology, including artificial intelligence. They discuss the National Association of Corporate Directors’ (NACD’s) 2024 Blue Ribbon Commission Report, the report's focus on governance oversight of technology, and how boards can implement the report's recommendations. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Valerie Cohen, Partner, Venable LLP, speaks with Randy Sergent, Executive Vice President & General Counsel, CareFirst BlueCross BlueShield, and Shane Hunt, a government health care attorney, about the wide-ranging impacts of Loper Bright, Corner Post, and Jarkesy on the health care industry. They discuss the effect of Loper Bright on day-to-day company operations, judicial outcomes, and managed care; navigating regulatory ambiguity versus unfavorable regulatory interpretations; the potential for increased challenges to historic rules in light of Corner Post; and the implications of Jarkesy on health care enforcement and potential for unintended consequences. Sponsored by Venable. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

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 recent district court opinion declaring the FCA’s qui tam provisions unconstitutional (Zafirov v. Florida Medical Associates LLC), enforcement trends and case law developments, the impact of Loper Bright, trends related to Civil Investigative Demands and self-disclosures, and emerging hot topics. Robert is author of AHLA’s False Claims Act & the Health Care Industry, Fifth Edition. From AHLA’s Fraud and Abuse Practice Group. Watch the conversation here. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Alé Dalton, Partner, Bradley Arant Boult Cummings LLP, speaks with Ari Markenson, Partner, Venable LLP, about how early career professionals can use the complexities of the health care industry to their advantage. They discuss why the average health care lawyer is like a “Swiss Army Knife,” how to navigate the sea of acronyms that exist in the health care industry, what the heavily regulated nature of health care means for the practice of law, the value of attending AHLA’s Fundamentals of Health Law conference, and the importance of lifelong learning and establishing one’s professional brand. Ari is Editor-in-Chief of the brand-new title, AHLA’s Health Care Law and Policy Acronyms and Terms. From AHLA’s Early Career Professionals Council. Watch the conversation here. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

David Crapo and Bethany Corbin discuss enterprise risk management for health care organizations, with a particular focus on cybersecurity. They cover the sources of cyberattacks on health care organizations, risks involving third-party vendors, strategies for minimizing cybersecurity risks, legal requirements, different stakeholder responsibilities, dealing with cybersecurity breaches, and legal and regulatory trends. David is co-editor, and Bethany is co-author, of AHLA’s Enterprise Risk Management for Health Care, Fourth Edition. From AHLA’s Hospitals and Health Systems Practice Group. Watch the conversation here. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Jenna Brofsky, Partner, Husch Blackwell LLP, and Thomas Spellman, Associate General Counsel and Vice President, Fresenius Medical Care North America, discuss approaches for drafting health care contracts, focusing on negotiation techniques and strategies and non-compete provisions. Jenna and Thomas are co-authors of AHLA’s Health Care Contracts: A Clause-By-Clause Guide to Drafting and Negotiation, Second Edition. From AHLA's Labor and Employment Practice Group. Watch the conversation here. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Jiayan Chen, Partner, McDermott Will & Emery, and Lauren Willens, Senior Counsel, Henry Ford Health, discuss how health care organizations can safely and responsibly implement artificial intelligence (AI). They cover the opportunities and risks of AI in health care, the current state of AI regulation, the role that patient safety organizations can play in AI safety and application, and how to apply AI in ways that enhance patient safety. Jiayan and Lauren spoke about this topic at AHLA’s 2024 Complexities of AI in Health Care in Chicago, IL. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Texas recently filed a lawsuit against the U.S. Department of Health and Human Services challenging both the HIPAA Final Rule to Support Reproductive Health Care Privacy and the HIPAA Privacy Rule, with potential implications for the balance of power between federal health privacy regulations and states’ authority to investigate potential legal violations, particularly in the context of reproductive health care. Andrew Mahler, Vice President of Privacy & Compliance Services, Clearwater, speaks with Marti Arvin, Chief Compliance & Privacy Officer, Erlanger Health, about the power play that may be developing and the potential for future challenges to federal regulations that limit state investigative powers. Sponsored by Clearwater. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Jennifer Hatchett, Of Counsel, Hall Render Killian Heath & Lyman PC, and Jennifer McGowen, Senior Counsel, Health Plans and Networks, CHRISTUS Health, discuss considerations related to the provider’s role in Medicare Advantage marketing. They cover ways that providers can help their patients select a Medicare Advantage plan, CMS' guidance on “communication” versus “marketing” and what providers can and can’t do, and best practices for providers. Jennifer and Jennifer spoke about this topic at AHLA’s 2024 Health Plan Law and Compliance Institute in Chicago, IL. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.