Program Details
2026-10-06 12:00:00
Over 1,000+ webinars
Course Overview
2026-10-06 12:00:00
2h CLE Credits
Intermediate
2
12:00 pm - 1:00 pm ESTThis session examines the current litigation landscape for Corporate Practice of Medicine (CPOM) claims brought by physicians or whistleblowers through the False Claims Act against Management Services Organizations (MSOs), covering the shift from dormant doctrine to active enforcement across California, Texas, Oregon, and New York. Attorneys will learn the core litigation theories—including void ab initio MSA challenges, billing and coding control claims, captive PC structures, and receivership remedies—alongside the statutory frameworks created by California SB 351, AB 1415,Texas HB 3749 and TMB Rule 169.28, and Oregon HB 3410that now define the boundaries of permissible MSO conduct.Texas HB 3749, together with TMB Rule 169.28, expandedthe Texas Medical Board’s enforcement authority, codified prohibitions on lay control over clinical decisions, and created new civil penalties for violations — providing physicians with additional statutory grounds for challenging noncompliant MSO arrangements. Attendees will leave with a working command of the evidentiary targets in MSO agreements, the collateral consequences of CPOM violations, and the state-by-state tactical considerations that determine how and where to file.
Rachel V. Rose 1:10 pm - 2:10 pm ESTThis session equips counsel with a concrete negotiation framework for exiting noncompliant MSO arrangements in the current CPOM enforcement environment. Drawing on California’s SB 351, the Carbon Health AG settlement,Texas HB 3749’senhanced enforcement mechanisms and civil penalty structure, Oregon’s retroactive restrictive covenant nullification under HB 3410, and the pending Art Center Holdings appeal, the session identifies the specific contractual pressure points — continuity agreements, variable management fees, and professional asset ownership — that determine leverage at the negotiating table.The Texas framework, including HB 3749 and TMB Rule 169.28, is particularly significant. HB 3749 providesfor administrative penalties and disciplinary action against both unlicensed entities exercising control over medical practices and physicians who knowingly participate in noncompliant arrangements, creating dual-track pressure that can accelerate exit negotiations. Attorneys leave with a state-specific toolkit for asserting void-contract arguments, reclaiming professional assets, and deploying regulatory complaint threats as genuine negotiating leverage.
Shalyn S. WatkinsRachel V. Rose, JD, MBA is the principal of Rachel V. Rose – Attorney at Law, PLLC in Houston, Texas. Her practice includes compliance, transactional, and litigation matters primarily related to healthcare, the False Claims Act, cybersecurity, securities, and Dodd-Frank. She publishes and presents extensively on healthcare and False Claims Act subjects, including qui tam actions, physician reimbursement, access to care, and the Anti-Kickback and Stark laws, and her matters include the first False Claims Act settlement under the U.S. Department of Justice’s Civil Cyber Fraud Initiative.
Shalyn S. Watkins is a healthcare attorney in Holland & Knight’s Newport Beach and Los Angeles offices, and her practice areas include the corporate practice of medicine, healthcare regulatory compliance, healthcare transactions, and behavioral health. She represents a range of healthcare clients, including individual providers and provider practices, behavioral health practices, concierge medical clinics, telemedicine companies, insurers and health plans, and management services organizations, and her experience covers contract disputes, transaction due diligence and structuring, and regulatory enforcement actions.
Rachel V. Rose, JD, MBA is the principal of Rachel V. Rose – Attorney at Law, PLLC in Houston, Texas. Her practice includes compliance, transactional, and litigation matters primarily related to healthcare, the False Claims Act, cybersecurity, securities, and Dodd-Frank. She publishes and presents extensively on healthcare and False Claims Act subjects, including qui tam actions, physician reimbursement, access to care, and the Anti-Kickback and Stark laws, and her matters include the first False Claims Act settlement under the U.S. Department of Justice’s Civil Cyber Fraud Initiative.
Shalyn S. Watkins is a healthcare attorney in Holland & Knight’s Newport Beach and Los Angeles offices, and her practice areas include the corporate practice of medicine, healthcare regulatory compliance, healthcare transactions, and behavioral health. She represents a range of healthcare clients, including individual providers and provider practices, behavioral health practices, concierge medical clinics, telemedicine companies, insurers and health plans, and management services organizations, and her experience covers contract disputes, transaction due diligence and structuring, and regulatory enforcement actions.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
Formats
