In this episode of "Counsel That Cares," Arjan Peters from Capstone moderates a conversation with his colleague Grace Totman, Holland & Knight healthcare attorney John Saran and Association for Responsible Healthcare Investment CEO Regan Parker about the evolving landscape of private equity investments in healthcare. They explore recent federal and state regulatory developments, including transaction reporting laws, antitrust scrutiny by the Federal Trade Commission (FTC) and notable battleground states pushing new legislation. The episode also highlights the impact of public perception shaped by high-profile healthcare closures, importance of transparent investment narratives and strategic approaches for investors to proactively engage with regulators and policymakers. Speakers emphasize that despite regulatory challenges, private equity plays a crucial role in sustaining and innovating the healthcare industry, encouraging stakeholders to document positive outcomes and advocate for balanced, informed policies that enable continued investment and growth.

In this episode of "Counsel That Cares," Daniel Patten, a partner in Holland & Knight's Healthcare Regulatory & Enforcement Practice, and Spencer Freeman, chief strategy officer at Gentiva, discuss the challenges and opportunities that come with delivering integrated palliative care services, highlighting the lack of a defined Medicare benefit for palliative care compared to more established models such as hospice. Mr. Freeman shares insights on building care models that serve high-risk patient populations through coordinated interdisciplinary teams and data-driven approaches, emphasizing the importance of collaboration with risk-based primary care providers. Mr. Patten adds a legal perspective on the evolving landscape of value-based care contracts, artificial intelligence (AI) integration and regulatory compliance. Together, they explore how innovative programs can improve patient outcomes, reduce acute care utilization and facilitate payer relationships, offering a comprehensive view of the future of palliative care within value-based healthcare delivery.

In this episode of "Counsel That Cares," Healthcare Transactions attorney Morgan Ivey and Skytale Group President and Head of Consulting Annie Robertson Hockey discuss the rapidly expanding medical spa (med spa) and aesthetics industry. The episode highlights the significant growth of the med spa market, estimated at $16.5 billion in 2023 and projected to reach $45 billion in 2025, driven by increasing consumer demand for non-invasive procedures such as injectables. Ms. Ivey and Ms. Robertson Hockey share insights into the factors contributing to this growth, including changing demographics, the attractiveness of the cash-pay model and advancements in technology. Additionally, they discuss the importance of regulatory considerations and the potential for consolidation in this fragmented market, while emphasizing the need for businesses to adapt their strategies in the face of evolving consumer behaviors and operational challenges.

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.