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COVID-19

Policy Outlook: How The 2020 Election Outcomes Will Impact Your Business – Health Policy

by McDermott Will & Emery | Nov 6, 2020 | Health M&A, Health Private Equity, Hospital Health Benefits

In this session, health law policy authorities discussed changes likely in 2021 in a Biden Administration and how these changes will impact business objectives and strategies for health industry stakeholders.

Below are the top takeaways for Policy Outlook: How The 2020 Election Outcomes Will Impact Your Business session: Health, click here to access the full webinar.

Access the PDF here

COVID-19
If Vice President Biden campaigned on anything, it was a more vigorous response to the pandemic. Look for a Biden Administration to make addressing the spread and restoring the economy top priorities early on. Another relief bill is likely, and maybe even in a lame duck session in 2020, but any relief measure will require Republican and Democratic support. Look at both the House-passed HEROES Act and the Senate Republican HEALS Act as likely starting points for discussion.

Affordable Care Act
Vice President Biden campaigned on sustaining and expanding health insurance coverage by enacting a public option to compete with commercial plans in exchange marketplaces. With Republicans likely to retain control of the Senate, legislative expansions of the ACA are unlikely. Instead, look to a Biden Administration to reverse or revise ACA-related regulations and Executive Orders advanced by the Trump Administration. Still, keep an eye on the Supreme Court’s consideration of California v. Texas, which could call the constitutionality of the ACA into question.

Prescription Drug Pricing
Both parties share the goal of addressing the cost of prescription drugs, and there [...]

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HPE New York 2020: Big Bankers Breakfast Discussion

by McDermott Will & Emery | Nov 6, 2020 | Health M&A, Health Private Equity, Life Sciences

In this lively panel session, global heads of healthcare at top banks analyzed the current market climate for healthcare services investing and provided their invaluable insights on hot sectors, growth strategies and the dealmaking outlook for 2021. McDermott counsel Charlie Ditkoff moderated this panel featuring Daniel Decelles, global co-head of healthcare investment banking at Jefferies; Matthew McAskin, senior managing director at Evercore; Jim Forbes, vice chairman of Morgan Stanley; Mark Francis, managing director and head of the healthcare group at Houlihan Lokey; and Cheairs Porter, head of the healthcare and life sciences group at Harris Williams.

Below are the top takeaways for HPE New York 2020 half day session: Big Bankers Breakfast Discussion, click here to access the full webinar.

Access the PDF here

The public markets have recovered remarkably from the lows of March and April 2020 and are currently seeing unprecedented deal activity, Mr. McAskin said. However, amid that activity, “there is no one solution that is working,” he said. “We are seeing financing work, we are seeing creative transaction structures work, and we’re seeing a resurgence of initial public offerings and special purpose acquisition companies like we have not seen for years or for decades. It’s a very confusing time for a lot of people, because we’re seeing these micro-cycles occurring very quickly.”

As might be expected in light of the Coronavirus (COVID-19) pandemic, valuations for tech-enabled healthcare businesses have risen significantly this year, and that trend will likely continue into 2021. “I [...]

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HPE New York 2020: The Impact of COVID-19: What’s Hot, What’s Not

by McDermott Will & Emery | Nov 6, 2020 | Health M&A, Health Private Equity, Life Sciences, Uncategorized

In the wake of COVID-19 some health sectors have emerged as hot while others are troubled. Our panel of active investors discussed where the dollars are going and offered insights on why in relation to the events of 2020. McDermott partner Jerry Sokol moderated this dynamic panel featuring Paige Daly, partner at Harvest Partners; Chris Gordon, global head of healthcare and co-head of North America private equity at Bain Capital; Geoff Lieberthal, partner at Two Sigma Impact; and Rob Wolfson, executive managing director and head of H.I.G. Advantage Fund and U.S. Healthcare.

Below are the top takeaways for HPE New York 2020 half day session: The Impact of COVID-19: What’s Hot, What’s Not, click here to access the full webinar.

Access the PDF here.

COVID-19 has revealed weaknesses in the healthcare system and in healthcare delivery in particular. “One of the most fundamental things that we as healthcare investors all should be thinking about is investing in businesses that are making things better for the entire system—for patients, for providers and for payors,” Ms. Daly said. “That means we should be both raising quality and lowering costs.” These principles are driving some of the most exciting innovation today, particularly in payor services, physician practice management (PPM) and healthcare IT.

Healthcare IT generally and telemedicine specifically are areas of major investment. Dramatically accelerated patient and payor adoption of telehealth has created [...]

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HPE New York 2020: Healthcare Private Equity Pioneers

by McDermott Will & Emery | Nov 5, 2020 | Health Private Equity, PPM/ASC, Uncategorized

An illustrious group of healthcare private equity pioneers discussed how healthcare investing has evolved from inception to current state and what the future holds. Moderated by Michael Lewis, author of The Big Short, Moneyball, The Blind Side and Liar’s Poker, it featured insights from Senator Bill Frist, MD, founder of Frist Cressey Ventures; Annie Lamont, co-founder and Managing Partner of Oak HC/FT; Curtis Lane, founding partner of WindRose Health Investors; and Ira Coleman, Chairman of McDermott Will & Emery.

Below are the top takeaways for HPE New York 2020 half day session: Healthcare Private Equity Pioneers, click here to access the full webinar.

Access the PDF here .

Investment in healthcare private equity continues to accelerate, even amid disruption. In the past, healthcare made up only a small portion of private equity funds, but pioneers helped make it mainstream. “The amount of infrastructure, commitment and capability focused exclusively on healthcare is becoming commensurate with the size of healthcare relative to the economy,” Mr. Lane said. “I think that’s changed pretty significantly and is continuing to change very quickly.”

One of the most dramatic changes in the field of healthcare private equity since its inception is the ongoing transformation of the healthcare system and the opportunities that transformation has created for entrepreneurs outside of traditional healthcare roles. As virtual health companies and other digital-focused [...]

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After the Curve Podcast: Focus on Transactions

by McDermott Will & Emery | Oct 20, 2020 | Health M&A

The lasting impact of COVID-19 on healthcare transactions is multifaceted and has rapidly altered the trajectory of the dealmaking landscape as well as business collaborations. On this episode of the After the Curve podcast, we discuss how the COVID-19 pandemic is affecting healthcare transactions today, as well as the outlook for the healthcare deal landscape post-COVID-19. McDermott’s Chief Marketing Officer Leslie Tullio is joined by Jed Spielman and Kevin Miller to discuss topics surrounding the impact of the pandemic on healthcare transactions, including:

The sectors of the healthcare industries that are most likely to experience a surge in deal volumes and why
COVID-19-induced programs that have altered the way healthcare transactions are getting done
Which transformational aspects of transaction protocol are most likely to carry into the post-COVID-19 future
Insights from the transactions perspective and a look at the most promising upcoming collaborations
Advice for dealmakers and healthcare leaders who are looking to effectively adjust their portfolios in a post-COVID-19 environment

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After the Curve Podcast: Focus on Regulatory and Enforcement

by McDermott Will & Emery | Oct 15, 2020 | Hospitals & Health Systems

COVID-19 led to major policy changes impacting how healthcare is delivered and reimbursed but only some of these new policies will endure in coming years. On this episode of the After the Curve Podcast, we discuss how the regulatory landscape and enforcement priorities may shift in both the short and long term as we transition to the post-COVID-19 era. McDermott’s Chief Marketing Officer Leslie Tullio is joined by Monica Wallace and Emily Jane Cook to discuss topics surrounding pandemic-induced regulatory and enforcement changes, including:

A definition of “robust” enforcement activity and how internal compliance teams can prepare to navigate that environment
Steps to take when preparing for audits in order to avoid enforcement actions
The importance of proper documentation in a rapidly changing environment
Current enforcement actions and government inquiries around the country and how to respond to them
Anticipated lessons learned from this pandemic and their impact on an organizational level

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After the Curve Podcast: Focus on Providers

by McDermott Will & Emery | Oct 13, 2020 | Hospitals & Health Systems

COVID-19 led to major policy changes impacting how healthcare is delivered and reimbursed but only some of these new policies will endure in the coming years. On this episode of the After the Curve Podcast, we discuss how provider organizations can innovate their business models and care delivery to adapt and thrive in a post-COVID-19 world. McDermott’s Chief Marketing Officer Leslie Tullio is joined by Sandy DiVarco and Emily Cook to discuss topics surrounding the impact of the pandemic on healthcare provider organizations, including:

The value of government-provided playbooks for healthcare providers in national situations
Proper handling of the volume and dynamic nature of information that is conveyed to healthcare providers
The impact that the increased demand of telehealth will have on the industry from a regulatory perspective
The benefit of telehealth to hospitals and healthcare providers through the COVID-19 months and into the future
Key points leaders need to be aware of as the healthcare industry moves beyond the pandemic

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After the Curve Podcast: Focus on Health Policy

by McDermott Will & Emery | Oct 6, 2020 | Hospitals & Health Systems, Uncategorized

COVID-19 led to major policy changes impacting how healthcare is delivered and reimbursed, but only some of these new policies will endure in coming years. On this episode of the After the Curve podcast, our colleagues from McDermott+Consulting join us to discuss how the pandemic has changed the conversation leading up to the November presidential election and how key policy issues will evolve in the months and years to come. McDermott’s Chief Marketing Officer Leslie Tullio is joined by Eric Zimmerman, Mara McDermott and Jessica Roth to discuss topics surrounding the pandemic-induced policy shifts, including:

The most impactful regulatory telehealth changes that have resulted from COVID-19
A look beyond telehealth to a paradigm shift in the broader digital health landscape
The impact that a more refined data exchange pathway could have on treatment during the next wave of COVID-19 or future pandemics
Meaningful collaborations that are currently happening in the digital health space
A look at innovations that are emerging from the demands of post-COVID-19 healthcare
Legal and regulatory compliance steps that still need to be taken to allow these telehealth programs to continue in the future

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5 Questions with a Health Lawyer: Steven J. Schnelle

by McDermott Will & Emery | Sep 17, 2020 | Uncategorized

Steven J. Schnelle
Practice Focus Area: Healthcare
Office: New York
Years at Firm: 2.5 years

What is your favorite part about practicing healthcare law at McDermott?

Without a doubt, the people! Every day I have the pleasure and honor of working with brilliant and unique colleagues that recognize and appreciate one another’s contributions to our team, both personal and professional. And I’m not just talking about my colleagues with signatures bearing the McDermott logo—our clients are doing amazing things and give us the opportunity every day to engage creatively and collaboratively to make a difference. There’s nothing better than celebrating an achievement with people you care about!

What is the biggest opportunity and greatest challenge facing clients in your area of focus today?

I think they’re one and the same—the dynamism of the healthcare system in the United States. With constantly evolving laws, regulations, interpretive guidance, enforcement priorities, judicial precedent, industry players and trends, there’s never a slow moment in healthcare. Companies that can anticipate and respond to these changes enjoy tremendous tailwinds, while those that become entrenched in the status quo stand to lose out. Our clients benefit from McDermott’s deep bench of accomplished healthcare attorneys who often play a central role in these changes, giving our teams highly developed insights as these changes happen.

What kind of client work gets you most excited when it comes across your desk?

Work that involves existential issues, or issues that implicate entire business lines, is particularly exciting for [...]

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Public Hospital M&A: Know Your Stakeholders

by McDermott Will & Emery | Aug 24, 2020 | Health M&A, Hospitals & Health Systems, Tax-Exempt

Hospital transactional activity has soared over the last decade, and many public hospitals are evaluating M&A opportunities against the backdrop of the Coronavirus (COVID-19) pandemic. In our previous post on public hospital M&A, we discussed financial pressures on public hospitals, trends driving M&A, and external factors shaping public hospitals’ choices of M&A partners and formats. In this installment, we’ll cover strategies for gaining stakeholder buy-in as hospital board members, senior leaders and advisors move through the transaction process. For a deeper dive into these topics, listen to our podcast, Driving the Deal: Public Hospital M&A and Stakeholder Buy-In.

Stakeholders: Who’s Who

Public hospital M&A is a team sport. Assessing and advancing a potential deal involves engagement with a wide variety of stakeholders, each with their own perspectives, objectives and priorities. Key players can include elected public officials, community leaders, hospital management and board members, physicians, employee unions, patients and the general public. It is critical to navigate the diverse viewpoints of these important stakeholders without ceding decision-making to a non-fiduciary.

As a first step in navigating that challenge, hospital boards should distinguish between stakeholders that have the right to approve or deny the proposed transaction, and those that are important to the deal’s success but do not have approval authority. Depending on the jurisdiction and deal structure, the former category of stakeholders could include the local municipality’s board, the State Attorney General or even registered voters, in the case of a public [...]

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