K. Randolph Peak

Health Care Transactions, M&A and Strategic Affiliations Experience

Randy has served as a trusted advisor to his clients providing practical legal guidance and counsel in support of structuring and negotiating innovative health care transactions, M&A deals and strategic affiliations.  He works closely with private equity and venture capital investors in connection with the growth and management of their healthcare portfolios.  Randy also routinely serves as outside general counsel to start-ups and private investors utilizing his extensive experience working directly with the C-suite, senior management, and corporate boards.  His experience supporting issuers of representation and warranty insurance as underwriting legal counsel has also afforded Randy a unique perspective on conducting due diligence that has been a particular benefit to his clients.  His representative clients include health care systems, revenue cycle management service providers; wellness and medical spas; concierge care vendors; urgent care clinics; behavioral health providers; anatomic and clinical pathology laboratories; hospice providers; rehabilitation and recovery centers; assisted living facilities; and data analytics vendors.

Technology Transactions and Privacy Experience

Health care technology providers and purchasers — in markets including digital health, data management, artificial intelligence, health information systems, population health analytics, cloud-based technologies, telehealth and more — seek Randy’s guidance regarding the negotiation of technology transactions and related privacy matters including compliance with HIPAA and other federal and state privacy regulations.  He also represents clients in connection with data breaches and security incident investigations. With almost thirty years of technology industry experience, including extensive in-house experience representing a Fortune Global 500 technology organization, Randy has supported clients in the full scope of technology transactions, including outbound software licenses; source code license and escrow agreements; SaaS transactions; custom software development agreements; technology distribution and reseller agreements; enterprise-wide licensing arrangements; and technology outsourcing agreements.

Supply Chain and Operations Experience

Randy advises clients across the health care sector as they negotiate all manner of supply chain and commercial transactions including manufacturing and distribution arrangements, group purchasing organization (GPO) related agreements, capital equipment and technology procurement transactions, strategic channel arrangements, outsourcing transactions, revenue cycle management agreements, technology licensing arrangements, purchased services transactions, and purchasing coalition custom contracting.  Leveraging his extensive in-house industry experience as deputy general counsel for the country’s largest GPO and general counsel to a leading regional purchasing coalition, Randy also guides clients with practical business-oriented legal advice as they structure commercial transactions, form supply chain organizations, and navigate regulatory matters that include compliance with GPO safe harbors and federal and state fraud and abuse regulations.

Representative Experience

• Advise a national clinical laboratory and pathology practice on regulatory compliance issues under federal and state fraud and abuse laws, licensing, federal and state health care programs, HIPAA and federal legislative lobbying matters.
• Represent a leading provider of population health analytics, revenue cycle management services and cloud-based technologies in connection with the negotiation of complex, strategic commercial transactions.
• Provide legal counsel to medical spas and wellness clinics on matters relating to corporate practice of medicine, franchises, regulatory compliance and transactional matters.
• Advise health care providers and vendors on matters pertaining to provider licensing; physician and mid-level provider employment, contracting and supervision matters; prescriptive authority agreements and telehealth.
• Provided legal counsel to numerous providers and investors in connection with Covid-19 related regulations and relief programs.
• Represented national provider in connection with OIG advisory opinion request.
• Advised real estate development company in connection with multi-state senior and assisted living facility formation and operations.
• Provided health care regulatory counsel to senior secured creditor in connection with the plan of reorganization of the owner of physician practices, pharmacies and diagnostic facilities.
• Represented urgent care providers in connection with multi-state operations and related regulatory matters.
• Advised regional health system in connection with medical directorship agreements, on-call agreements and provider-related professional services agreements.
• Represented health care consulting firm in connection with numerous commercial negotiations related to its hospital/physician economic alignment programs and OIG approved gainsharing offerings.
• Advised a leading provider of innovative cloud-based health care technology solutions on health care regulatory and privacy matters in connection with its acquisition of a clinical content and technical service vendor specializing in comprehensive solutions for specialty physician practices.
• Represented a health care software and services company in its sale of a cloud-based dental practice management software solution to a leading provider of cloud-based dental software.
• Provided health care regulatory counsel to one of the largest urgent care providers in the U.S. in its acquisition of an urgent care platform that includes 87 clinics in Arizona, California, Florida and Texas.
• Advised a health care provider specializing in premium laboratory testing and pain management on health care regulatory and privacy matters in connection with private equity investment.
• Represented a private equity portfolio company on health care regulatory matters related to the acquisition and integration of a multi-state provider of neuro-behavioral specialty programs.
• Advised Rep & Warranty insurance underwriters on regulatory and privacy matters, including performing related due diligence, in connection with health care and life sciences sector M&A transactions.
• Provided health care regulatory counsel in connection with private equity control investment in a provider of urgent care and emergency department services.
• Represented a private equity firm in its control investment of a leading health care information technology solutions provider.
• Served as health care and privacy regulatory counsel to private equity in connection with its acquisition and post-close operation of a hospice provider.
• Provided health care regulatory and privacy counsel to a national urgent care provider in connection with a joint venture with a regional health system to provide co-branded urgent care services in Arizona.
• Provided health care privacy counsel in connection with the sale of a physician-owned radiology practice.
• Served as health care and privacy regulatory counsel to national health solutions partner and leading provider of maternal-fetal, newborn and pediatric subspecialty care in its sale of a leading physician-led and physician-owned radiology practice for $885 million.
• Provided health care privacy counsel in connection with the sale of anesthesia practice.
• Represented the venture arm of a Fortune 500 company in connection with its investment due diligence in a prescription drug health care technology company.
• Provided legal counsel to regional health system in connection with a joint venture to form and operate a behavioral health facility.
• Represent a national software-as-a-service provider of cloud-based MPI and clinical data exchange solutions in its licensing, HIPAA compliance, and commercial negotiations with national providers and state designated entities supporting various state initiatives to facilitate patient identity management and interoperable data exchanges across care settings.
• Provide legal counsel related to commercial transactions, licensing and regulatory matters to a health care technology provider utilizing applied data science, artificial intelligence, and machine learning to support clinical research through health care analytics systems, products and services.
• Advise health care technology vendor in connection with the investigation and resolution of a multi-state data security incident.
• Represent health care data analytics companies in connection with related technology transactions, HIPAA compliance counseling and business associate agreement negotiations.
• Provide legal counsel to a health care technology company in connection with its behavioral health specialty electronic health record system offering. Representation includes regulatory advice, template preparation, commercial negotiations and privacy counseling.
• Counseled a NASDAQ-listed software technology company on matters pertaining to compliance with HIPAA and related privacy laws in connection with the client's health care channel sales, marketing and product development strategies.
• Represented international technology solutions provider in connection with the negotiation of numerous multi-million-dollar technology transactions including: outbound software licenses; source code license and escrow agreements; custom software development agreements; technology distribution and reseller agreements and technology outsourcing agreements.
• Represented an international manufacturer of medical devices and its U.S. subsidiary in connection with the negotiation of an international manufacturing agreement and global distribution agreement.
• Advisor to a pharmaceutical company in connection with group purchasing organization (GPO) and pharmaceutical distributor contract negotiations and related regulatory matters.
• Represented medical device manufacturers and distributors in connection with the development of supply chain agreements, commercial negotiations and counseling on healthcare regulatory issues.
• Negotiated a pharmacy service agreement with a pharmacy services administrative organization (PSAO) on behalf of a regional health care system.
• Provided legal representation to a regional children’s hospital in connection with medical device procurement transactions.
• Represented medical device manufacturers in connection with the negotiation of numerous GPO membership agreements.
• Advised a national GPO in connection with the development of its member participation agreements including counseling on related commercial and regulatory matters with particular emphasis on GPO safe harbors and fraud and abuse regulatory compliance.
• Negotiated GPO membership agreements on behalf of a national GPO and its affiliates with hundreds of the country’s leading hospitals and health systems.
• Provided legal counsel in connection with the formation of specialty GPOs and purchasing coalitions and related member program offerings. Representative matter includes acting as lead counsel to a major health care services company in connection with the negotiation and formation of a joint venture with an academic medical center to establish a specialty group purchasing organization.
• Represented national GPO in connection with the negotiation of its purchased services portfolio, custom contracts and regional purchasing coalition-related supplier agreements.
• Provided legal counsel to a global technology corporation’s North American subsidiaries in the negotiation of equipment sales and maintenance agreements, OEM agreements, channel partner and reseller agreements, product distribution agreements and supply chain services agreements.