K. Randolph Peak II

Healthcare Regulatory & Healthcare Transactions

• Advise a national clinical laboratory and pathology practice on regulatory compliance issues under federal and state fraud and abuse laws, licensing, federal and state healthcare 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 healthcare 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 healthcare 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.

Healthcare M&A and Strategic Transactions

• Advised a leading provider of innovative cloud-based healthcare technology solutions on healthcare 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 healthcare 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 healthcare regulatory counsel to one of the largest urgent care providers in the US in its acquisition of a national provider’s urgent care platform that includes 87 clinics in Arizona, California, Florida and Texas.
• Advised a healthcare provider specializing in premium laboratory testing and pain management on healthcare regulatory and privacy matters in connection with private equity investment.
• Represented a private equity portfolio company on healthcare 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 healthcare and life sciences sector M&A transactions.
• Represented a supplier and national distributor of pharmaceuticals on healthcare regulatory matters in the sale of its pharmaceutical wholesale distribution operations.
• Provided healthcare 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 healthcare information technology solutions provider.
• Served as healthcare and privacy regulatory counsel to private equity in connection with its acquisition and post-close operation of a hospice provider.
• Provided healthcare 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.
• Represented an orthopedic surgical care and sports medicine practice providing healthcare regulatory and privacy counsel in connection with its sale of a provider of orthopedic surgical care services.
• Represented the venture arm of a Fortune 500 company in connection with its investment due diligence in a prescription drug healthcare technology company.
• Provided legal counsel to regional health system in connection with a joint venture to form and operate a behavioral health facility.
• Represented a healthcare service provider in connection with its acquisition of a leading healthcare technology company and provider of hospital-physician consulting services specializing in cardiology and orthopedic specialty services.

Technology Transactions and Privacy

• 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 healthcare technology provider utilizing applied data science, artificial intelligence, and machine learning to support clinical research through healthcare analytics systems, products and services.
• Advise healthcare technology vendor in connection with the investigation and resolution of a multi-state data security incident.
• Represent healthcare data analytics companies in connection with related technology transactions, HIPAA compliance counseling and business associate agreement negotiations.
• Provide legal counsel to a healthcare 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 healthcare 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.
• Provided legal counsel to Fortune Global 500 company in connection with the start-up and operation of its US e-commerce division.

Supply-Chain and Operations

• 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.
• 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 Fortune Global 500 organization in the negotiation of equipment sales and maintenance agreements, OEM agreements, channel partner and reseller agreements, product distribution agreements, and supply chain services agreements.

Some of these representations were handled by Randy prior to joining Haynes Boone.

• American Bar Association – Health Law Section
• American Health Lawyers Association
• College of the State Bar of Texas
• Dallas Bar Associations, Health Law Section
• Dallas Hispanic Bar
• Texas Bar Association, Health Law Section

• Recognized in The Best Lawyers in America, Woodward/White, Inc., 2024
• Recognized by The Legal 500 U.S., Legalese, as a key healthcare lawyer, 2022

• “As HIPAA Enforcement Discretion Ends, Telehealth and Other Healthcare Providers Reminded of Health Information Privacy and Security Obligations,” co-author, Haynes Boone client alert, August 7, 2023.
• “M&A: Managing the Big Deal”, co-presenter, Texas Bar CLE – 21st Annual Advanced In-House Counsel, August 2022
• ICLG - Digital Health Laws and Regulations – USA (2022), contributing author, March 2022
• "Is The FDA About to Reclassify Your Drug Product as a Device?", co-author, Outsourced Pharma, September 2021
• "Why Aging Tech Lures Investors", moderator, Health Tech Austin Aging and Innovation Summit, October 2021
• “Treatment of Healthcare Company Provider Agreements is Key in Chapter 11 Bankruptcy Sales”, contributing author, Journal of Corporate Renewal: Turnaround Management Association, Vol. 34 / No. 7 (Healthcare), September 2021
• “CMS, OIG Finalize STARK and AKS Overhaul – Paving the Way for Value-based Care”, co-author, Client Alert, November 2020
• “Managing the Covid-19 Crisis in the Healthcare Sector”, co-author, Client Alert, June 2020
• "Opening Up America Again Guidelines Signal Relaxation in Elective Surgery Restrictions”, co-author, Client Alert, April 2020
• “Immediate COVID-19 Relief to Medicare Providers Arrives… with Conditions”, co-author, Client Alert, April 2020
• “CARES Act May Offer Relief for Medical Practices, but Raises Questions for Private Equity-backed Practice Management Companies”, co-author, Client Alert, April 2020
• “CMS Emergency Preparedness Rule: Planning During COVID-19”, co-author, Client Alert, March 2020
• “HIPAA and the Coronavirus”, co-author, Client Alert, March 2020
• “Impactful Big Data in Healthcare”, panelist, Texas-Israel Alliance Healthcare & Life Sciences Innovation Conference, October 2019
• “CMS and OIG Release Most Expansive Changes to the Fraud and Abuse Laws in Over a Decade”, co-author, Client Alert, October 2019
• “Privacy, Checklist - HIPAA Considerations for Healthcare & Wellness Apps”, co-author, Bloomberg BNA, August 2018
• “Healthcare Disruptors”, panelist, Austin Healthcare Disruptors Panel, October 2018
• “Pharmaceuticals, Supply Chain and Blockchain”, panelist, Chain 76 Philly - Conference & Workshop, October 2018
• “Healthcare and Blockchain Technology”, panelist, BCC 2018, February 2018
• “Selling to Healthcare: HIPAA and Other Legal Considerations”, presenter, CLE Presentation, January 2018
• “General Counsel Panel”, panelist, Legal Marketing Association, September 2016