Member Spotlight

Q: Where do you work and what is your area of health law specialization?

A: I am Counsel at Nixon Gwilt Law, where I have the privilege of working with a wide variety of innovators in the healthcare space. My clients range from pre-seed stage startups to international brands, from software vendors to providers, all of whom are looking to revolutionize the healthcare industry. I’m constantly learning from each client’s unique perspective. I advise clients on all aspects of their business, including helping them build revenue models, understand the ever-changing reimbursement landscape, develop strong data practices, and protect their interests at the contracting table.

Q: What is your highlight reel?

A: Your career defining moment thus far? Being relatively early in my career it’s hard to say something has been “the” career-defining moment. I will say something that drives me every day is working with people who are incredibly passionate about improving the healthcare landscape. So many of the founders I work with have personal stories that led to them creating these brilliant solutions that are/will shift our traditional concepts of healthcare delivery. While there will always be a space for the brick-and-mortar clinic, seeing the different ways telehealth and remote monitoring can improve patient lives in a profound way is something that will never get old for me.

Q: What are you doing when you are not working? What is a unique think about you that has nothing to do with lawyering?

A: You’d probably find me on a golf course or traveling with my wife. We met at the University of Georgia, so our fall is usually spent following the UGA football team. We were lucky enough to start this year watching the Dawgs win the national title in Los Angeles so our next trip will need to be something incredible to top that – hopefully, a tee time or two is involved.

Q: What do you see as an emerging area/topic?

A: Telehealth and remote monitoring boomed during the COVID-19 pandemic and shouldn’t be thought of as some far-off future offering — they’re here now and they’re here to stay. While the regulatory landscape, including regulatory enforcement, is still catching up, the technology that will shape the latter half of this decade is developing now. Virtual reality (VR) and artificial intelligence will catapult care delivery and we need to be ready to understand these technologies as well as the legal fallout around data rights, licensing, and so on. Outside of VR, I am personally focused on the emergence of digital sports medicine and fitness. The availability of wearables and other digital sports tech will optimize athlete performance all the way from the professional level through high-school athletics. As a sports fanatic, I can’t wait to see how the sports world embraces digital health.

Q: Where do you work and what is your area of health law specialization?

A: I work at the Florida Healthcare Law Firm. We’re a boutique firm focused solely on healthcare law. We service clients throughout Florida and a variety of other states. I specialize in healthcare start-ups and advise on all relevant issues, such as regulatory compliance, leasing/purchasing real estate, corporate structure, employment contracts, patient forms and more.

Q: What is your highlight real? Your career defining moment thus far?

A: As a fairly new lawyer, I don’t have a long list of academic or social achievements to cite (yet). I do have a personal achievement, however. During law school, I immersed myself in various fields to get a taste of each and find my passion. Despite my hard work, I still didn’t have a passion when I graduated from school. I was concerned I’d find myself in a position doing something I didn’t love or even like to get by. I am beyond fortunate I connected with the Florida Healthcare Law Firm early in my career. The mentorship, my colleagues and everyday work are unparalleled. I get to help my clients get their practices and feet off the ground. Seeing each of them open their doors is the ever-continuing highlight of my career.

Q: What are you doing when you are not working? What is a unique thing about you that has nothing to do with lawyering?

A: When I’m not working, you can find me enjoying the outdoors or posting up at my chosen restaurant of the week, trying new foods with my family and friends. If I stay home, I’m probably working on a jigsaw puzzle; the largest I’ve completed was 24,000 pieces. It took a couple of months, as you can imagine! Although not related to lawyering, my unique love for solving jigsaw puzzles translates to my love for solving real-life puzzles, especially when I’m lawyering.

Q: What do you see as an emerging area/topic?

A: An old but always emerging area I am watching is certain healthcare fields shying away from insurance. Most non-traditional practices like medical spas and IV therapy run on a cash basis. I’ve noticed more and more traditional practices making the change to cash to avoid insurance. It will be interesting to see the shift and impact.

Q: Where do you work and what is your area of health law specialization?

A: I work at Akerman LLP.  I have been there since 1997, over 25 years.  As for health care specialization, it is generally litigation related topics.  I work on Peer Review matters in all capacities, representing hospitals, physicians, and as the hearing officer.  I do a number of different types of litigation in healthcare, most recently physician “divorces”.   I have always been involved with Risk Management issues particularly when I do medical malpractice related issues.

Q: What is your highlight reel? Your career defining moment?

A: In 40 years of doing this, I have had many “ah ha” moments.  Life and the law are a sign curve with hills and valleys.  My early highlights were realizing that regardless if I had the ONLY case in the State of Florida on the issue, and it supported me…….the judge still could rule against me.  (He did by the way, warning my opponents that they did appreciate that it would be my #1 issue on appeal.)   I quickly caught on that LOSING made me learn a lot more.  I was carrying the proverbial briefcase, in my first trial ever,  2 years into practice when our client was hit with the largest verdict in Pinellas County ever at the time, 2.2 million dollars.   I did not sleep for 3 days and kept seeing the clerk say, “ 2.2 million dollars!!!!!”   My boss said, “well Kirk, your career has no place left to go other than UP, because this is as low as it gets”.   That caused me to take a broader view of the law.  I’ve seen the multitude of cases, from the horribly tragic through many exciting events, all which have shaped my life.

My assistants gave me a solar powered small globe with a plaque on it stating “ Kirk’s World:  THINK, REMEMBER AND ANTICIPATE”. Those guiding principals have done me very well.

My career defining moment was marrying my wife Aileen, 6 days after we graduated from law school, on Christmas Eve.  We had to start work on January 2, and that is when the Bar review courses started. Now 40 years later having her wisdom and calm demeanor helped me be a better human being and lawyer.   Working together in the same firm for the last 25 years has been an added bonus.  We have been surrounded by incredibly intelligent people who shared wonderful ideas, presented us with opportunities we never could have imagined, which helped both of us together to thrive.

Q: What are you doing when you are not working? What is a unique think about you that has nothing to do with lawyering?

A: I enjoy cooking, playing golf and wine.  Cooking and wine are a way of sharing experiences with others.  You learn so much sharing a great bottle of wine.

I have always had a sense of humor.  You have to learn to laugh to fully enjoy life.  George Carlin always made fun with his sarcasm about everyday life.  We cannot make up some of the things that we  experience.  Sharing laughter makes the world a better place.

Q: What do you see as an emerging area/topic?

A: The “corporate takeover” of professionals.  We can put both health care and legal professionals in that arena.   All of us need to maintain our “humanness” and not become the machine “widget” that take over the profession.  Private equity determining my health care, and my legal rights?  People are NOT interchangeable, unless we allow ourselves to be.   We have to prevent that, and it will not be easy.  So the emerging topic is how to balance efficiencies without losing the humanness that makes us great.   AI could take over all diagnoses?  Is that what we want?  Does the humanness of the professional not impact our wellness?  I am a physician and nurse’s son, and I saw how their listening and understanding were essential to help heal people.  We should all want to help others, and not allow the personal touch to disappear.

Q: Where do you work and what is your area of health law specialization? 

A: I serve as Associate Divisional Chief Legal Officer at AdventHealth, an 82,000-employee healthcare system.  I work in the West Florida Division of AdventHealth and represent the medical group and our Carrollwood Hospital.  I am responsible for legal counsel on healthcare issues, including physician employment agreements, practice acquisitions, corporate matters, EMTALA, hospital law, physician and credentialing process, and federal and state fraud and abuse laws.

Q: What is your highlight reel? Your career defining moment? 

A: I was 10 years old when the Soviet Union collapsed.  The world as I knew it turned upside down.  Instability and chaos ensued.  Prices for the most basic of items, such as food, skyrocketed overnight.  Food supply became scarce.  Extreme hardship continued for a number of years.  That brutal period following the collapse of the Soviet Union, with its lawlessness, corruption, and societal disintegration, took a toll on everyone around me.  It was this experience that first ignited my passion for the law.  I dreamed of living in a more stable, law-based society, where individual rights could be protected.  Many years later, I applied to law school in the U.S. and got accepted. That day changed my life. Upon graduation, I was fortunate to be offered an associate attorney position in the healthcare group of an AmLaw 200 law firm.  That position taught me how to practice health law, and I remain grateful.  After the law firm, I worked for several healthcare companies in an executive capacity in such industries as dental, primary care MSO, physical therapy and ObGyn.  Serving as in-house counsel in those companies truly let me experience health care from the inside.  I now serve AdventHealth on the hospital and medical group side.  While I didn’t plan on becoming a healthcare lawyer, I feel blessed that my career journey has been focused on health law.  It allows me to be as close to patient care and helping people as possible, because I am supporting our physicians and hospitals.  I sincerely enjoy representing AdventHealth, an organization that offers a whole person approach to its patients and employees.

Q: What are you doing when you are not working? What is a unique think about you that has nothing to do with lawyering? 

A: For the past year ever since the full-scale Russian invasion into sovereign Ukraine, I have been engaged in various humanitarian efforts to help the Ukrainian people. This will remain my focus until Ukraine wins. Additionally, last year, along with 22 other women lawyers, I co-authored an anthology, “Women in Law – Discovering the True Meaning of Success,” which is a book highlighting various career paths available in the legal profession.  All proceeds from the sale of the book benefit the non-profit Ms. JD.  Also, I am currently training for my first half-marathon, which is scheduled to take place on March 25, 2023.  I have been married to my best friend for 21 years.  We have two children who keep us on our toes.  I love fine-tuning my debate skills with my young daughter.  For an extra challenge, I take on my teenage son – and sometimes win.

Q: What do you see as an emerging area/topic? 

A: The following three topics are at the forefront of health care for me: (1) continued emphasis on the development of telehealth; (2) the potential ban on all physician non-competition agreements; and (3) emphasis on cybersecurity and prevention of cyber breaches.  Cyber breaches can be politically motivated and are becoming part of global cyber warfare.

Q: Where do you work and what is your area of health law specialization?

A: McDermott Will & Emery in our Miami office and I am serving as our office managing partner. I switched areas of specialization over the years, starting as a fraud and abuse defense litigator, and then moved to MWE’s transactional practice. I focus mostly on mergers and acquisitions, mostly in private equity the healthcare services and healthcare IT space, and sometimes in the medical device space, but generally not in pharma. I work with clients such as private equity funds and entrepreneurs selling their businesses and provide counseling on regulatory matters, licensure, fraud and abuse, and compliance. At this point in my career, about two thirds of my work is deal related and one third is general advice and counseling.

Q: What is your highlight reel? Your career defining moment?

A: It was one of the most significant transactions I worked on as a young deal lawyer: the original sale of Surgery Partners to a PE fund and it was, for me, one of the first bigger deals that I worked on. It was complicated and had an accelerated timeline, and I was second chair on that deal. What is neat, in my mind, is that the company is sort of a client again at MWE, so to have seen them go through multiple transactions and now be a publicly traded company, and it is a very full circle moment to see a founder-owned company being sold to a large public company doing a lot of cool things.

Additionally, I was involved in my first IPO of a client in 2021. Most of the work I do is private company work, or even when we work with public companies, it is deal work that is not public. This IPO was for a privately held, PE-backed company and I worked with our securities team providing regulatory and corporate counsel — it was a cool process. It IPO’d right as the market was getting rocky, so it was rewarding to see the IPO go through right before the market got worse.

Q: What are you doing when you are not working? What is a unique thing about you that has nothing to do with lawyering?

A: Most of my time not working is spent with my family. I have two boys, ages 9 and 11, who are very active in football, basketball, and other sports. We love to travel and we go on lots of trips whenever possible. We particularly had significant cabin fever post-COVID and went on multiple trips to make up for the lost time, including our first family ski trip in Aspen.

Before I was a lawyer, I was a practicing physical therapist and it was a really cool job and I really liked working with people directly and being able to help people. Despite liking the job and being surrounded by great people in the profession, I just wanted something more challenging – so I went back to law school. Was being a physical therapist useful for my law career? Yes and no — I didn’t practice physical therapy long enough to learn the business side of it, but it was useful to be able to speak the language of healthcare providers, to relate to other providers who are clients, and also being able to learn how to deal with someone who has a problem and being able to work with people in stressful situations.

Q: What do you see as an emerging area/topic?

A: Value-based care. Ever since 2010 when the ACA passed, the industry has been trying to figure out what value-based care really means and how to work towards it. It reminds me of when HIPAA first started, and it was on the books, yet enforcement didn’t happen for 9-10 years afterwards. During that time, clients and attorneys both didn’t really appreciate HIPAA because there were no consequences as of yet, and then the other shoe dropped and everyone suddenly cared about HIPAA. In a similar way, since the ACA, value-based care is a buzz word and everyone is working towards it, but I think we are finally getting to a place where to move the health care system, we do need to provide value, take risk, and be able to manage quality of care and cost and outcomes. There is still so much wrong with the healthcare system in the U.S., so I think the interest in value-based care will only take off. There is a lot more on the way.

Q: Where do you work and what is your area of health law specialization?

A: I work in-house with Publix Super Markets as the Director of Healthcare and Privacy Legal. I spend most of my time assisting Publix with pharmacy regulatory and transactional matters. I also assist with privacy matters, both within and outside of the healthcare industry.

Q: What is your highlight reel? Your career defining moment?

A: I spent approximately 10 years in healthcare finance and operations prior to attending law school. This experience helped shape my understanding of the law and my client’s business needs. My transition into the legal field was based on a sincere interest in research, analysis, and advocacy. Although the practice is often challenging, stressful and all-consuming, my personal and professional satisfaction is buttressed a genuine interest in the subject matter. If I were to pick a career defining moment, it would be the initial choice to jump into the legal field after already having a solid career in healthcare administration. That decision involved a lot of risk and required the support of my wonderful family. It was one of the best decisions of my life.

Q: What are you doing when you are not working? What is a unique think about you that has nothing to do with lawyering?

A: I have the great blessing of a wonderful family with an amazing wife and two small children. When I am not practicing, I am happiest visiting new places, camping outdoors, and exploring our beautiful waterways surrounded by my loved ones.

Q: What do you see as an emerging area/topic?

A: Privacy is a bipartisan issue that captures the interest of the public and regulators. According to the International Association of Privacy Professionals, 39 states have introduced comprehensive consumer privacy laws since 2018. There was a 106% increase in the number of privacy bills introduced at the state level in 2022 alone. At the federal level, multiple significant bi-partisan bills have been introduced, and the FTC is currently working on multi-pronged privacy rulemaking efforts. Earlier this month President Biden penned an op-ed for the Wall Street Journal contending that Congress can find common ground on the protection of privacy, competition and American children. The field is complex, developing, and engaging.

Q: Where do you work and what is your area of health law specialization?

A: As the Divisional Chief Legal Officer for the West Florida Division of AdventHealth, I advise hospitals, laboratories, physician groups, and ambulatory service lines on a full range of health law issues, including general contracts, hospital-physician joint ventures, co-management agreements with specialty providers, EMTALA, marketing rules, Stark and Anti-Kickback issues, fraud and abuse compliance, informed consent, accreditation and licensure issues, risk management, revenue cycle and billing, clinical and affiliation agreements, board governance, and medical staff matters.

Q: What is your highlight reel? Your career defining moment?

A: I was fortunate to begin my career on the provider side of healthcare as the General Counsel for the pathology group Ruffolo, Hooper & Associates in a multi-company environment with its associated laboratory and billing company.  I love continuing to support physicians in my current role on the hospital side with AdventHealth.  I am passionate about supporting physicians and hospitals from a legal perspective so the talented, and caring providers on the front-lines can support our patients and community.  I was proud and humbled to receive a promotion to lead the AH West Florida Division Legal Department in April, 2022; my expanded position has been energizing and exciting, defined by the amazing and strategic leadership with whom I work and the smart and talented team of lawyers around me.

Q: What are you doing when you are not working? What is a unique thing about you that has nothing to do with lawyering?

A: When I’m not working, I am having fun with my husband, son, Bennett (5), and our two cats (Penelope and Waffles).  My immediate family lives within a few miles, and we love spending time together.   I am passionate about traveling, reading, and watching hockey.  I went to law school because I wanted to be Commissioner of the National Hockey League; however, the NHL was on strike the year I graduated law school, a situation for which I am now thankful as I love working in healthcare and couldn’t imagine doing anything different.

Q: What do you see as an emerging area/topic?

A: Potential federal government changes/challenges to non-competes are on top of my list for this year.  Potential prohibition on the practice of non-competes can be a blessing or a curse, and the FTC’s recent move to ban them is worth keeping a close eye.

Q: Where do you work and what is your area of health law specialization?

A: I work in the Office of General Counsel at the H. Lee Moffitt Cancer Center & Research Institute in Tampa, Florida, where I am Assistant General Counsel. My practice includes a wide range of health law matters, including clinical and academic affiliations, negotiating complex agreements, fraud and abuse (Stark, AKS) compliance, HIPAA/HITECH, AMCs, and teaching hospitals, and medical staff matters. Prior to becoming in-house counsel, I was in law firm practice in Sarasota, Florida.

Q: What is your highlight reel? Your career-defining moment?

A: The highlights of my career thus far have been two-fold. First, I was honored to achieve board certification in Health Law from The Florida Bar. This valuable credential has helped me to demonstrate to clients my significant experience and special knowledge in Health Law, as well as my ethical and professional practice. Second, I am grateful to be working at Moffitt Cancer Center where every day I work alongside a dedicated team of healthcare professionals and scientists that provide world-class cancer care and are committed to the treatment and research of cancer.

Q: What are you doing when you are not working? What is a unique thing about you that has nothing to do with lawyering?

A: My wife and I enjoy traveling to national parks and other nature/outdoor locations. In June 2022, we visited Glacier National Park in Montana where we rafted the Flathead River and hiked Road to the Sun trail. In 2023, we hope to visit another national park, perhaps Yellowstone or Yosemite. I am an avid sports fan and enjoy attending or watching sporting events especially if they involve any of my favorite teams like Tampa, Pittsburgh, and Penn State University.

Q: What do you see as an emerging area/topic?

A: A rapidly evolving area of law is Healthcare Informatics especially as it applies to genetic information privacy. Florida’s Protecting DNA Privacy Act is a game-changer for our health law clients in view of the new rights created for DNA contributors/owners and the new requirements created for healthcare providers and others.

Q: Where do you work and what is your area of health law specialization?

A: I lead the legal department at American Oncology Network, LLC, a nationwide network of community oncology practices. My practice touches nearly all areas of health law, but the majority of my time is spent on healthcare M&A and ensuring compliance with the Stark Law and other fraud and abuse laws and regulations.

Q: What is your highlight reel? Your career defining moment?

A: I think the biggest career-defining moment for me was when I completely “failed” at the traditional summer associate on-campus interview process. I was at the top of my class, but at a newer law school that did not have a strong foothold in the community yet. I had a handful of OCIs, one call-back, and 0 offers. I was devastated. My vision for “success” as an attorney was graduating at the top of my class, working at a big law firm, and making partner. After I realized that I was not going to start down that path as a summer associate, I applied to a position as a legal intern at The Children’s Hospital of Philadelphia. Ultimately, that opportunity allowed me to combine my passion for helping people with my legal expertise and shaped my entire career and the person I have become. I continued to work at CHOP during my 3L year and they created a brand-new legal fellowship for me for a year following law school graduation. I am so appreciative for the attorneys who took a chance on me as a 2L and continued to mentor me even long after I finished my 2-year stint at CHOP.

Q: What are you doing when you are not working? What is a unique think about you that has nothing to do with lawyering?

A: I spend the majority of my time with my husband and two young kids, Landon (5) and Blake (3) – they keep me plenty busy! I am also extremely passionate about volunteerism and giving back to my community. I am very involved in supporting several Tampa non-profits (the Children’s Cancer Center, Clothes to Kids, Kennedy Cares Tampa Bay, and West Florida Foster Care Services, to name a few) and spend a great deal of time collecting in-kind-donations and distributing them to organizations and individuals in-need.

Q: What do you see as an emerging area/topic?

A: I think healthcare informatics (data usage and sale) is one of the biggest and most important emerging topics. We are going to see increased interest in using healthcare data and there are and will be a number of implications, especially as we see more stringent state privacy laws going into effect.

The Florida Bar Health Law Section has introduced a new program with Member Spotlights.  Twice a month a member of the Section will be spotlighted on social media outlets after being interviewed by a Spotlight Committee member.  These spotlights are meant to be fun and informal.

We hope this new initiative provides our members an opportunity to collaborate and have access to a virtual rolodex of potential referrals, co-counsel opportunities and new professional relationships.  If you are interested in being spotlighted please contact the Program Administrator.

For the inaugural Member Spotlight, the committee selected Jason Mehta, Chair-Elect of the Section and all-around cool guy.

Q: Where do you work and what is your area of health law specialization?

A: I just switched law firms as of October 31 (Spooky!).  I am now at Foley and Lardner in Tampa.  I specialize in government investigations and fraud, waste, and abuse act allegations.  I defend individuals in criminal and civil investigations.

Q: What is your highlight reel? Your career defining moment?

A: I served as a long-time federal prosecutor where I focused on healthcare fraud cases.  In my five years as a prosecutor, I recovered more than a quarter of a billion dollars in taxpayer money and prosecuted dozens of individuals.  My defining moment, though, was a trial victory on the other side earlier this year!  After a five-week grueling criminal federal healthcare trial, I—along with my colleagues—secured acquittals for my client accused of running a healthcare fraud scheme.  While the jury deadlocked on some counts, the jury returned not guilty verdicts on all counts that they could reach a unanimous verdict.  I was very proud of the result—and even more proud that I survived five weeks of the Buffalo, New York winter!

Q: What are you doing when you are not working? What is a unique think about you that has nothing to do with lawyering?

A: I love chasing my six year old son and seven year old daughter around our lawn.  I also love scuba diving, having just returned from cave diving in the cenotes in Mexico.  I proposed to my wife underwater (it helped me avoid having to give a proposal speech!).

Q: What do you see as an emerging area/topic?

A: I think telehealth is continuing to explode in popularity—and it will be a key focus of government investigation and scrutiny in the coming months and years.  I think we’d all be well-served to focus on telehealth, as it is the future.