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Physician vs. MSO Disputes: Navigating the Unwinding of the Friendly PC Relationship in the Midst of the CPOM Crackdown

MSO agreements physicians signed years ago are now void by statute in key states. Learn to litigate CPOM claims, attack noncompliant MSAs, and negotiate the friendly physician’s exit using void-contract arguments, asset reclamation, and regulatory leverage.

2026-10-06 12:00:00

Program Details

2026-10-06 12:00:00

Program Details

2026-10-06 12:00:00

Over 1,000+ webinars

2026-10-06 12:00:00

Course Overview

The Friendly PC Model Is No Longer Safe Ground

2026-10-06 12:00:00

This is not the dormant CPOM doctrine of the last two decades. California SB 351, AB 1415, Texas HB 3007, and Oregon HB 3410 now define permissible MSO conduct. The Carbon Health attorney general settlement shows regulators are enforcing, not warning.

The stakes are already concrete. Cede control in a management agreement, and the contract may be void from inception. Leave a continuity agreement in place, and it can lock the practice in. Oregon nullifies restrictive covenants retroactively under HB 3410. Texas HB 3007 adds civil penalties, expanded medical board authority, and discipline for knowing participants. The Art Center Holdings appeal is still pending.

Attendees walk out with practitioner work product, not a doctrine survey. That includes state-specific litigation and negotiation frameworks, checklists of evidentiary targets inside MSO agreements, and language for void-contract arguments. It also includes a playbook for reclaiming professional assets and deploying regulatory complaints as genuine negotiating leverage.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
The Enforcement Shift
How CPOM enforcement moved from dormant doctrine to active crackdown in four states.
02
Litigation Theories
Void ab initio challenges, billing control, receivership, and False Claims Act whistleblower actions.
03
Statutory Frameworks
How California SB 351, AB 1415, Texas HB 3007, and Oregon HB 3410 apply.
04
Evidentiary Targets
Continuity agreements, variable management fees, and control provisions that expose noncompliant MSAs.
05
The Exit Toolkit
Void-contract arguments, asset reclamation, and restrictive covenant nullification in exit negotiations.
06
Regulatory Leverage
Deploying AG complaints, civil penalties, and collateral consequences as negotiating pressure.

Program schedule

clock 12:00 pm - 1:00 pm EST

Litigating Corporate Practice of Medicine Claims Against Management Services Organizations

This 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 3007, and Oregon HB 3410 that now define the boundaries of permissible MSO conduct. Texas HB 3007 expanded the 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. RoseRachel V. Rose
clock 1:10 pm - 2:10 pm EST

Negotiating the Friendly Physician's Exit: Leveraging CPOM Enforcement to Unwind MSO Arrangements

This 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 3007’s enhanced 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 is particularly significant because HB 3007 provides for 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. WatkinsShalyn S. Watkins
Rachel V. Rose

Rachel V. Rose

Rachel V. Rose – Attorney at Law, PLLC

Shalyn S. Watkins

Shalyn S. Watkins

Holland & Knight LLP

Rachel V. Rose

Rachel V. Rose

Rachel V. Rose – Attorney at Law, PLLC

Rachel V. Rose, JD, MBA is a Houston-based attorney and consultant whose practice spans transactional, compliance, and litigation matters in cybersecurity, healthcare, securities, and Dodd-Frank and False Claims Act whistleblower claims. Her background is distinctively multidisciplinary — she worked on Capitol Hill when HIPAA was enacted in 1996 and at HHS during the implementation of the HITECH Act in 2009, giving her firsthand legislative and regulatory insight that few practitioners can claim. She holds a law degree from Stetson University College of Law, an MBA with minors in healthcare and entrepreneurship from Vanderbilt University, and an Executive Certification in Leadership and Negotiation from Harvard Law School. She is an extensively published author, a sought-after speaker, a recognized expert in healthcare compliance and cybersecurity law, and an Affiliated Member at Baylor College of Medicine’s Center for Medical Ethics and Health Policy, where she teaches bioethics.

Education & Credentials

Rachel holds a Juris Doctor from Stetson University College of Law, a Master of Business Administration with minors in healthcare and entrepreneurship from Vanderbilt University, and an Executive Certification in Leadership and Negotiation from Harvard Law School. This combination of legal, business, and leadership credentials reflects the multidisciplinary foundation of a practice that spans healthcare compliance, cybersecurity, securities law, and whistleblower representation. She is co-editor of the American Health Lawyers Association's Enterprise Risk Management Handbook for Healthcare Entities (2nd Edition) and coauthor of two ABA publications — The ABCs of ACOs and What Are International HIPAA Considerations? — as well as contributing author to multiple legal and medical reference books.

Recognition & Leadership

Rachel has received a remarkable breadth of professional recognition, including consecutive listing in the Texas Bar College, the National Women Trial Lawyers Association's Top 25, Houstonia Magazine's Top Lawyers in healthcare, the National Trial Lawyers Association's Top 100, and SuperLawyers in healthcare. She has also been named 1st Healthcare Compliance's Top Presenter in both 2019 and 2022. As an Affiliated Member of Baylor College of Medicine's Center for Medical Ethics and Health Policy — where she teaches bioethics — she occupies a distinctive position at the intersection of law, medicine, and ethics. Her Capitol Hill experience during HIPAA's passage and her HHS tenure during HITECH implementation reflect an early and sustained engagement with the legislative foundations of healthcare privacy law that few practitioners can match.

Professional Involvement

Rachel is extensively published, a sought-after conference presenter, and a frequently quoted expert on cybersecurity, healthcare compliance, and whistleblower law. She serves as co-editor of the AHLA's Enterprise Risk Management Handbook for Healthcare Entities and has co-authored books for the American Bar Association on ACOs and international HIPAA considerations, as well as contributing chapters to legal and medical reference works. She teaches bioethics at Baylor College of Medicine's Center for Medical Ethics and Health Policy, bridging legal and clinical perspectives for healthcare professionals. Her work conducting HIPAA Risk Analyses for domestic and international organizations and representing clients in government enforcement matters reflects active engagement with the compliance challenges healthcare and technology organizations face in an evolving regulatory landscape.

Experience

Rachel Rose's career is defined by a rare combination of legislative, regulatory, and private practice experience that spans more than two decades at the intersection of healthcare, cybersecurity, and the law. She was present at two defining moments in U.S. healthcare privacy law — working on Capitol Hill when HIPAA was enacted in 1996 and at HHS when the HITECH Act was being implemented in 2009 — and has built a practice that applies that institutional knowledge to transactional, compliance, and litigation matters for domestic and international clients. Her work includes HIPAA Risk Analyses, government enforcement representation, securities and whistleblower matters, and cybersecurity compliance counseling. Her ABA and AHLA publications, her bioethics teaching at Baylor College of Medicine, her Harvard Executive Certification, and her consecutive national and regional recognition across legal, trial, and compliance communities reflect a career of exceptional depth, versatility, and sustained professional impact.
Shalyn S. Watkins

Shalyn S. Watkins

Holland & Knight LLP

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.

Education & Credentials

Ms. Watkins earned her J.D. with a Certificate in Governmental Affairs from The University of Alabama School of Law, an M.A. in Health Studies, summa cum laude, from The University of Alabama Graduate School, and a B.A. in English, summa cum laude, from Stillman College, where she graduated as valedictorian and served as president of the Student Government Association. She is admitted to practice in Alabama, California, New York, Ohio, and Texas, and before the U.S. Supreme Court and multiple federal district courts. In law school, she served as editor-in-chief of the Alabama Civil Rights and Civil Liberties Law Review and competed on the Bryant National Health Care Transactional Moot Court Team.

Recognition & Leadership

Ms. Watkins is recognized in The Best Lawyers in America guide, Ones to Watch, for Los Angeles Commercial Litigation and Health Care Law (2026, 2027) and in the Chambers USA guide for Healthcare, Associates to Watch (2025, 2026). She has been named among the Orange County Business Journal's Leaders of Influence: Women in Law (2026) and The National Black Lawyers' Top 40 Under 40 in California (2023-2026), and she was selected for the Leadership Council on Legal Diversity Pathfinder Program (2023).

Professional Involvement

Ms. Watkins' podcast appearances include What Healthcare Investors Should Learn from California's CPOM Actions and Inside Telehealth's Growth, Regulation and Access. She serves as Vice Chair of Education for the American Health Lawyers Association's Behavioral Health Practice Group (2025-present) and previously held the same role for its Health Care Liability and Litigation Practice Group (2022-2025).

Experience

Ms. Watkins' experience includes the corporate practice of medicine, contract disputes, Medicare and Medicaid/Medi-Cal enrollment and reimbursement issues, licensure and credentialing disputes, transaction due diligence and structuring, and the Stark Law and federal Anti-Kickback Statute. Before joining Holland & Knight, she was an attorney at an international law firm and served as senior legal counsel for a global healthcare technology company, advising its Health Solutions and Pharmacy Solutions subsidiaries on regulatory compliance obligations. She also served as Assistant Regional Counsel for the U.S. Department of Health and Human Services, representing the Centers for Medicare & Medicaid Services and other agencies, and was appointed a Special Assistant United States Attorney for Medicare reimbursement appeals. She began her legal career as an assistant attorney general for Ohio in its Health and Human Services Section, representing state agencies and professional boards in enforcement actions and litigation.
Rachel V. Rose

Rachel V. Rose

Rachel V. Rose – Attorney at Law, PLLC

Rachel V. Rose, JD, MBA is a Houston-based attorney and consultant whose practice spans transactional, compliance, and litigation matters in cybersecurity, healthcare, securities, and Dodd-Frank and False Claims Act whistleblower claims. Her background is distinctively multidisciplinary — she worked on Capitol Hill when HIPAA was enacted in 1996 and at HHS during the implementation of the HITECH Act in 2009, giving her firsthand legislative and regulatory insight that few practitioners can claim. She holds a law degree from Stetson University College of Law, an MBA with minors in healthcare and entrepreneurship from Vanderbilt University, and an Executive Certification in Leadership and Negotiation from Harvard Law School. She is an extensively published author, a sought-after speaker, a recognized expert in healthcare compliance and cybersecurity law, and an Affiliated Member at Baylor College of Medicine’s Center for Medical Ethics and Health Policy, where she teaches bioethics.

Education & Credentials

Rachel holds a Juris Doctor from Stetson University College of Law, a Master of Business Administration with minors in healthcare and entrepreneurship from Vanderbilt University, and an Executive Certification in Leadership and Negotiation from Harvard Law School. This combination of legal, business, and leadership credentials reflects the multidisciplinary foundation of a practice that spans healthcare compliance, cybersecurity, securities law, and whistleblower representation. She is co-editor of the American Health Lawyers Association's Enterprise Risk Management Handbook for Healthcare Entities (2nd Edition) and coauthor of two ABA publications — The ABCs of ACOs and What Are International HIPAA Considerations? — as well as contributing author to multiple legal and medical reference books.

Recognition & Leadership

Rachel has received a remarkable breadth of professional recognition, including consecutive listing in the Texas Bar College, the National Women Trial Lawyers Association's Top 25, Houstonia Magazine's Top Lawyers in healthcare, the National Trial Lawyers Association's Top 100, and SuperLawyers in healthcare. She has also been named 1st Healthcare Compliance's Top Presenter in both 2019 and 2022. As an Affiliated Member of Baylor College of Medicine's Center for Medical Ethics and Health Policy — where she teaches bioethics — she occupies a distinctive position at the intersection of law, medicine, and ethics. Her Capitol Hill experience during HIPAA's passage and her HHS tenure during HITECH implementation reflect an early and sustained engagement with the legislative foundations of healthcare privacy law that few practitioners can match.

Professional Involvement

Rachel is extensively published, a sought-after conference presenter, and a frequently quoted expert on cybersecurity, healthcare compliance, and whistleblower law. She serves as co-editor of the AHLA's Enterprise Risk Management Handbook for Healthcare Entities and has co-authored books for the American Bar Association on ACOs and international HIPAA considerations, as well as contributing chapters to legal and medical reference works. She teaches bioethics at Baylor College of Medicine's Center for Medical Ethics and Health Policy, bridging legal and clinical perspectives for healthcare professionals. Her work conducting HIPAA Risk Analyses for domestic and international organizations and representing clients in government enforcement matters reflects active engagement with the compliance challenges healthcare and technology organizations face in an evolving regulatory landscape.

Experience

Rachel Rose's career is defined by a rare combination of legislative, regulatory, and private practice experience that spans more than two decades at the intersection of healthcare, cybersecurity, and the law. She was present at two defining moments in U.S. healthcare privacy law — working on Capitol Hill when HIPAA was enacted in 1996 and at HHS when the HITECH Act was being implemented in 2009 — and has built a practice that applies that institutional knowledge to transactional, compliance, and litigation matters for domestic and international clients. Her work includes HIPAA Risk Analyses, government enforcement representation, securities and whistleblower matters, and cybersecurity compliance counseling. Her ABA and AHLA publications, her bioethics teaching at Baylor College of Medicine, her Harvard Executive Certification, and her consecutive national and regional recognition across legal, trial, and compliance communities reflect a career of exceptional depth, versatility, and sustained professional impact.
Shalyn S. Watkins

Shalyn S. Watkins

Holland & Knight LLP

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.

Education & Credentials

Ms. Watkins earned her J.D. with a Certificate in Governmental Affairs from The University of Alabama School of Law, an M.A. in Health Studies, summa cum laude, from The University of Alabama Graduate School, and a B.A. in English, summa cum laude, from Stillman College, where she graduated as valedictorian and served as president of the Student Government Association. She is admitted to practice in Alabama, California, New York, Ohio, and Texas, and before the U.S. Supreme Court and multiple federal district courts. In law school, she served as editor-in-chief of the Alabama Civil Rights and Civil Liberties Law Review and competed on the Bryant National Health Care Transactional Moot Court Team.

Recognition & Leadership

Ms. Watkins is recognized in The Best Lawyers in America guide, Ones to Watch, for Los Angeles Commercial Litigation and Health Care Law (2026, 2027) and in the Chambers USA guide for Healthcare, Associates to Watch (2025, 2026). She has been named among the Orange County Business Journal's Leaders of Influence: Women in Law (2026) and The National Black Lawyers' Top 40 Under 40 in California (2023-2026), and she was selected for the Leadership Council on Legal Diversity Pathfinder Program (2023).

Professional Involvement

Ms. Watkins' podcast appearances include What Healthcare Investors Should Learn from California's CPOM Actions and Inside Telehealth's Growth, Regulation and Access. She serves as Vice Chair of Education for the American Health Lawyers Association's Behavioral Health Practice Group (2025-present) and previously held the same role for its Health Care Liability and Litigation Practice Group (2022-2025).

Experience

Ms. Watkins' experience includes the corporate practice of medicine, contract disputes, Medicare and Medicaid/Medi-Cal enrollment and reimbursement issues, licensure and credentialing disputes, transaction due diligence and structuring, and the Stark Law and federal Anti-Kickback Statute. Before joining Holland & Knight, she was an attorney at an international law firm and served as senior legal counsel for a global healthcare technology company, advising its Health Solutions and Pharmacy Solutions subsidiaries on regulatory compliance obligations. She also served as Assistant Regional Counsel for the U.S. Department of Health and Human Services, representing the Centers for Medicare & Medicaid Services and other agencies, and was appointed a Special Assistant United States Attorney for Medicare reimbursement appeals. She began her legal career as an assistant attorney general for Ohio in its Health and Human Services Section, representing state agencies and professional boards in enforcement actions and litigation.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

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Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

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

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs