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Robert M. Holland

Robert M. Holland


Washington, DC

How Robert Helps Clients

Robert Holland is a senior associate who focuses his corporate transactions and regulatory practice on assisting healthcare and life sciences organizations in navigating the myriad rules related to the United States healthcare system, providing care to patients and developing the healthcare technologies of the future. He advises clients on issues involving startup and formation stages, day-to-day operations, and corporate transactions to help their businesses grow and enable new ventures.

The hallmarks of Robert’s practice are twofold: (1) breadth of healthcare knowledge throughout the business lifecycle in operations, reimbursement, corporate transactions and data privacy; and (2) practical, real-world solutions that can be implemented from both an organization’s high level strategy and daily operations standpoints.

Healthcare Startups and Operations

Robert works with clients to determine where and when to incorporate, how to structure their businesses to minimize risk, and the relevant regulatory approvals and licenses needed to operate. Once organizations are up and running, Robert continues to counsel clients regarding common ongoing challenges, with a particular focus on:

  • Healthcare reimbursement issues, including reimbursement from the federal Medicare and Medicaid programs, as well as private payors;
  • Healthcare fraud and abuse, including structuring arrangements with referral sources and marketers in manners that minimize risk under the federal and state anti-kickback laws, self-referral laws, fee-splitting prohibitions and other guidance;
  • Healthcare privacy, data security and consumer protection laws related to sale and usage of consumer data (including state regulation of consumer data, such as the California Consumer Privacy Act); and
  • Emerging technologies, such as telehealth, connected healthcare devices and healthcare apps.

Corporate Transactions

The U.S. healthcare system is constantly in flux, as mergers, acquisitions and combinations occur every day. Robert counsels clients in evaluating and effectuating these transactions, including counseling on the manner in which the combinations can be structured and providing creative solutions in response to regulatory restrictions, such as the certificate of need process, the corporate practice of medicine, and requirements regarding ownership and control in organizations delivering healthcare services.

Healthcare Privacy

Robert also often helps clients manage risks related to the privacy and security of their customers’ data.  For example:

  • State Consumer Data Privacy Laws: Rob often advises both healthcare and non-healthcare clients on the impacts of new state consumer data privacy laws on their businesses.  He is a regular speaker and publisher on these topics, including:
    • A two part advisory on the California Consumer Privacy Act (CCPA) (Part I and Part II);
    • A March 2019 CLE overview of the CCPA;
    • An October 2019 update on CCPA amendments; and
    • A November 2019 CLE providing an overview of the CCPA regulations and impact.
  • “Superprotected” Data: Robert can help client teams determine whether customer data would be protected under federal and state laws such as HIPAA or laws related to genetic testing, substance use treatment, or mental health (sometimes called “superprotected data”). 

What Clients Can Expect

Robert’s approach to assisting clients is intensely practical and communicative. Whether it’s developing a budget to control costs, creating a precise scope of issues reviewed or communicating in a fashion that provides what “needs to be done” rather than simply “what the law is,” Robert’s focus is helping clients to understand the practical implications of the law while limiting legal spend to what is necessary to achieve their operational goals.

Additionally, having spent a year consulting with a “Big 4” accounting firm, Robert is able to tailor his guidance not only to executives but also to organizations’ staff members who handle the day-to-day operations, providing the level of granularity and practicality necessary to implement the guidance in the real world.

About Robert

Robert is at his best when he can help his clients to positively impact their communities, whether assisting a cutting-edge surgical provider or an addiction recovery home with reimbursement issues or helping an entrepreneur incorporate his company to develop the “next big idea.” Further, as with anyone living in the nation’s capital, Robert is intensely plugged into the latest policy and regulatory developments, preferring the latest policy debates on Capitol Hill to almost any sporting event.

Proof Points

  • Drafting and counsel regarding a ~$450m acquisition of fifty long-term care facilities, two pharmacies, two rehabilitation companies, and four inpatient hospice facilities across multiple states.
  • Counsels numerous clients regarding federal fraud and abuse protections, including structuring arrangements in accordance with the safe harbors for the federal Anti-Kickback Statute and the “Stark Law” exceptions. Where necessary, Robert provides contract drafting advice to effectuate his clients’ structural decisions.
  • Provided operational and compliance counsel (including licensing, reimbursement, enrollment and other issues) with respect to multi-million dollar healthcare transactions, including a 51-jurisidiction change of ownership review with state regulatory authorities.