Latest / Becker’s Healthcare Podcast / The Evolution of Healthcare Transactions & the Rise of Ambulatory Care with Eric Tower
Transcript
- 0:00This is Scott Becker with the Beckers Health
- 0:02Care podcast.
- 0:04I'm thrilled today to be joined by a
- 0:06lawyer and health care leader,
- 0:08that I've long respected.
- 0:10We're joined today by Eric Tower. Eric is
- 0:13a partner at Blank Rome, a great law
- 0:16firm, and I think practices largely in the
- 0:19health care transactional and regulatory area, but he'll
- 0:22tell us more.
- 0:23Eric, I met you a long time ago.
- 0:25Can you take a moment and introduce yourself
- 0:27and tell the audience what you do?
- 0:30Sure.
- 0:32Well, going back, years ago, I started up
- 0:35working in health law after getting my LLM
- 0:37at Loyola University in Chicago.
- 0:41Worked on the East Coast in Washington, DC
- 0:43with a with a couple of law firms
- 0:46doing what was then called for profit health
- 0:48care.
- 0:49We didn't have the distinction with private equity
- 0:52and venture capital and all that other good
- 0:53stuff. You either fell in with the health
- 0:56systems or you did the for profit.
- 0:59And that was a lot of,
- 1:02roll up acquisition work,
- 1:04typically in the ambulatory space.
- 1:08Eventually, I got a call from Advocate Healthcare,
- 1:10and I ended up going in house there
- 1:12and being responsible,
- 1:14for their medical group,
- 1:15a lot of their ambulatory operations and their
- 1:18transactions.
- 1:20You know, at that point, Advocate,
- 1:23you know, had a couple 100 physicians.
- 1:25By the time I left, we grew that
- 1:27to close to 2,000,
- 1:29and we went from doing small acquisitions
- 1:32to mergers with entire health systems.
- 1:35Since then, I've gone back to a law
- 1:37firm,
- 1:37and I practice in,
- 1:40health care transactions. I do some work with
- 1:42health systems,
- 1:43do a fair amount of work on the
- 1:46ambulatory side,
- 1:48and I also do a lot of work,
- 1:49you know, kinda bringing the two together as
- 1:51it were,
- 1:52which is really a lot of fun,
- 1:55as health care has continued to evolve.
- 1:57Well, fantastic.
- 1:59And and talk a little bit about what
- 2:01are the most interesting
- 2:02deals
- 2:03or things that you're working on now that
- 2:05you're seeing now? Tell us a little bit
- 2:07about what you're watching and what's interesting.
- 2:11What what's really interesting to me right now
- 2:13is the way everything is rapidly evolving on
- 2:17the ambulatory
- 2:18side of things.
- 2:19So as you will remember, you go back
- 2:21a few years and the health care system
- 2:24was very fragmented and everyone had their own
- 2:27peace.
- 2:28And they would do everything they could within
- 2:29their peace. And then
- 2:31when the patient needed something else, it wasn't
- 2:33their responsibility anymore and out the door they
- 2:36went.
- 2:37What you're seeing now is a lot of
- 2:39conflation
- 2:41between
- 2:41the historic pieces and and people use the
- 2:44term pay viders
- 2:46and,
- 2:47you know, there there's this thing called site
- 2:49neutral payments.
- 2:51So hospitals traditionally got more money if they
- 2:53cared for someone within the hospital
- 2:55than an ambulatory provider did, and that's all
- 2:58starting to go away. There's a lot of
- 3:00pressure to
- 3:02treat patients close to home, give them high
- 3:04quality care,
- 3:06and do it in a cost effective manner.
- 3:08And a lot of times, that's not going
- 3:09to be within the walls
- 3:11of a hospital.
- 3:12And that's resulting in a lot of change.
- 3:15Hospitals are realizing they can't be all things
- 3:18to all people.
- 3:19And you have a lot of new new
- 3:22entrants in the field.
- 3:23But by the same token, you also need
- 3:25to care for people within the existing frameworks,
- 3:28and that's resulting in a lot of fun
- 3:30and interesting transactions,
- 3:32to be honest.
- 3:34That that's really I think it's just starting
- 3:36to be honest, and we're gonna see a
- 3:38lot more movement there,
- 3:40as well as, frankly, a lot more scrutiny
- 3:42as people try to figure out what does
- 3:43this all mean.
- 3:44So it's really an exciting time to practice
- 3:46in the field.
- 3:48Truly, truly fascinating.
- 3:50You you went to four incredible institutions.
- 3:52You you went to one of them that's
- 3:54not gonna be known maybe nationally by your
- 3:56audience, but a fantastic institution.
- 3:58You you were at Saint Ignatius,
- 4:00one of the great high schools in our
- 4:01area,
- 4:02Northwestern,
- 4:04obviously great college, University of Wisconsin,
- 4:07fantastic big 10 institution
- 4:09that that I'm a huge fan of. You
- 4:11also did the LLM at Loyola, one of
- 4:13the best LLM programs in the nation. And
- 4:15and I'm gonna ask you, and I'm not
- 4:17just sort of,
- 4:18stacking all these schools up for for no
- 4:20reason. I'm gonna ask you,
- 4:22what's the best and worst to them? You
- 4:24don't have to answer that. But if not,
- 4:26which one did you enjoy, and where did
- 4:28you grow the most?
- 4:29Sure. Well,
- 4:31at saint ignatius,
- 4:32I I read a book by herman hass,
- 4:35called Siddhartha, and it was, you know, basically,
- 4:38it's about the journey of life
- 4:40and the fact that you go through and
- 4:42you gain new insights,
- 4:43you know, everywhere you go.
- 4:46And that book has stuck with me and
- 4:47I I actually try to apply it all
- 4:49the time in in being reflective on my
- 4:51life.
- 4:53I I think my takeaway from that book
- 4:55is I can't call out any one single
- 4:57one of those colleges or where educational institutions
- 5:01as being dispositive. It's more a layering process.
- 5:05If you were to look at what the
- 5:06prime mover was, you know, it would be
- 5:08Saint Ignatius,
- 5:09but I got a lot out of every
- 5:11one of those schools.
- 5:13And I think,
- 5:14you know, I'm still trying to evolve even
- 5:17independent of those schools, so I I couldn't
- 5:19segregate anyone out. But but, again, it started
- 5:22at Saint Ignatius.
- 5:24No. And I and I love that. And
- 5:25those are all great institutions that I'm huge
- 5:27fans of each of them. Now I live
- 5:29not that far from Northwestern. So even though
- 5:31I didn't go to Northwestern,
- 5:33I grew up cheering and love Northwestern sports.
- 5:36I learned one of my great lessons in
- 5:38talent in sports from Gary Barnett.
- 5:40And and this is a lesson I learned
- 5:42again with Bill Self that when a coach
- 5:45says
- 5:46to the media and to the team, I
- 5:48am never leaving,
- 5:50what that really means is that they're negotiating
- 5:52and leaving soon.
- 5:54And Gary Barnett, who led Northwestern to the
- 5:56Rose Bowl, which was a once in a
- 5:57lifetime thing if you're a Chicagoan,
- 6:00gave this
- 6:01lecture to the press to everybody. I am
- 6:03never leaving Northwestern,
- 6:05and I was like, oh my god. That's
- 6:06so great. He's staying. And then the next
- 6:08week, he announced he's going to University of
- 6:09Colorado, and it was a life lesson learned
- 6:11that when a coach says that, that means
- 6:13they are actually leaving and negotiating. It was
- 6:15really really a fascinating I I truly an
- 6:18experience for me. But so so tell us
- 6:20about
- 6:21you're doing so many interesting things. Great career.
- 6:24I'm gonna ask you two more questions. First,
- 6:26what are you most focused on and excited
- 6:28about currently? Where are you most focused and
- 6:30excited currently?
- 6:32Yeah. I I'm really enjoying doing some of
- 6:35the work,
- 6:37helping these new entrants and and helping the
- 6:40health systems,
- 6:41you know,
- 6:42evolve. So
- 6:43the payment systems are changing.
- 6:45People are saying we can't continue doing what
- 6:47we've done before. And there's a lot of
- 6:50really great partnership that's starting to take place,
- 6:53and a lot of people who are who
- 6:55are starting to provide care outside of the
- 6:57box. I mean, I think some of that
- 6:59started with the infamous
- 7:00pay viders,
- 7:02but you're starting to see people who they're
- 7:04not all things to all people, but they're
- 7:06expanding outwards, and they're coming up with new
- 7:09ways to relate, and and that's a lot
- 7:10of fun. It's a challenge too because people
- 7:13are then doing stuff outside of their immediate
- 7:15comfort zone.
- 7:16But as a lawyer, it's it's very exciting.
- 7:19No. I think that I think that's right.
- 7:21And you've had this great career. I remember
- 7:23meeting when you were advocate.
- 7:25You were always just a a terrific leader
- 7:27and person.
- 7:29Sadly, never did enough business with my law
- 7:31firm, but still a fantastic leader and person
- 7:34who I always had really tremendous respect for
- 7:36as a really good, good person and a
- 7:38great lawyer.
- 7:39Talk about you've had this great career where
- 7:41you were
- 7:42outside private practice,
- 7:44then in house for a long time, now
- 7:46back to private practice.
- 7:48What what advice would you give to emerging
- 7:50leaders or people trying to have meaningful careers
- 7:52or great careers?
- 7:54Well, since I mentioned literature a little bit
- 7:56before,
- 7:57I'll go back and mention something else. There
- 7:59was a book I read
- 8:01actually at northwestern
- 8:04called the clown by einrich wool and it
- 8:07starts off, you know, I'm a clown a
- 8:09collector of moments
- 8:10And I think one of the things that's
- 8:12been the most fun is having exposure to
- 8:15a lot of different,
- 8:17a lot of different insightful leaders myself
- 8:20and
- 8:20a lot of different situations.
- 8:23And
- 8:24I try to take something away from from
- 8:26everything every day
- 8:28that I can. And it's funny how some
- 8:30of those situations,
- 8:32you know, you think in the moment, well,
- 8:33it's a one off and it's never gonna
- 8:35come up. But then in the future, you
- 8:37end up drawing on some insight from that
- 8:40where you would never expect it. I kind
- 8:42of draw an analogy to youth sports
- 8:45and if you really want to develop
- 8:47a talented athlete nowadays,
- 8:49they say it's best to be a multi
- 8:51sport athlete because there are different skills
- 8:53and they're not readily apparent, but over time
- 8:56it helps develop you. So I draw on
- 8:58that and I think, well, there are all
- 8:59these moments.
- 9:01There was the time someone walked into my
- 9:03office
- 9:04and clinical integration
- 9:06kind of came to be,
- 9:09which is now a big part of value
- 9:10based care.
- 9:12It was just a one off moment.
- 9:14Some of the various transactions that I worked
- 9:17on
- 9:17that just were
- 9:19crazy one offs,
- 9:21But the approaches, the methods, the psychology,
- 9:24which is a huge part of doing any
- 9:26transaction,
- 9:27all become really important, and you just carry
- 9:30that with you. So if you're developing,
- 9:32you've got to keep an open mind and
- 9:34then just reflect a bit, I think. I
- 9:38I I I love that. And and give
- 9:40me again
- 9:41I've got the second one, the clown.
- 9:44The the title or the first book that
- 9:46you referenced that you read while at Saint
- 9:49Saint Ignatius?
- 9:50Herman Hess Siddartha.
- 9:53Eric, you you've built this great career. You're
- 9:55an absolute pleasure to visit with
- 9:58any colleagues or clients that you work with
- 10:00that send out to you as doing great
- 10:03work or or that have been great mentors
- 10:05to you anybody that you'd like to give
- 10:07a shout out to as long as you're
- 10:08on the podcast?
- 10:09Wow. Well, that's a that's a really long
- 10:12list, you know, I'll mention someone who I
- 10:15think many listeners would know and that would
- 10:17be lee sax
- 10:19Jim dan is a tremendous leader.
- 10:22Take a second on lee sax because lee
- 10:25people don't realize this back when advocate was
- 10:29just advocate chicago
- 10:31Lee was sort of the architect of a
- 10:33lot of their physician growth strategy.
- 10:36And a lot of people don't know doctor
- 10:38Lisak, at least of now now,
- 10:41you know, twenty years later, when from when
- 10:43he was really, really driving that. Talk a
- 10:46little bit about the the the talents of
- 10:48Lee and what he did, if you don't
- 10:50mind. Well, I think that
- 10:53what Lee did, frankly, was revolutionary in the
- 10:56time, and I talked about how everything was
- 10:58fragmented.
- 10:59And we came up with the idea that
- 11:01we should
- 11:02integrate
- 11:03hospitals and Physicians and that was really the
- 11:06first step.
- 11:07Towards, you know, what is today value based
- 11:09care
- 11:11and then eventually his Insight was well,
- 11:13you know we should go beyond that and
- 11:16we should
- 11:17take
- 11:17responsibility for the totality of care of the
- 11:20patient
- 11:21and you know there are others obviously who've
- 11:23who've done a lot of work in that
- 11:25But I give Lee credit because he's the
- 11:27one who actually was on the ground and
- 11:29he implemented that
- 11:31and he executed on him. And then there
- 11:33are a number of other leaders
- 11:35who worked with him. I mean, there's Mike
- 11:37Engelhardt, Rishi Sika.
- 11:40There are people all across the country right
- 11:42now
- 11:43who, you know, are revolutionizing
- 11:45health care because of that.
- 11:48And those are some really great leaders as
- 11:49well that you just mentioned. That's fascinating. It
- 11:51all comes out of that that tree. It's
- 11:53almost like a Bill Belichick, Nick Saban tree
- 11:55of leaders that have developed under them. I
- 11:57know Rishi just is a brilliant, brilliant person,
- 12:00and, and Engelhardt is as well. Those are
- 12:02really good, good people.
- 12:04Fascinating. And I I I apologize for putting
- 12:06you on the spot there because I didn't
- 12:07prep you to think about that. I know
- 12:09it's always a pressure pull situation, so
- 12:12bear with us. But I I I I
- 12:14love always hearing
- 12:16the name of Lee Sachs and what doctor
- 12:18Sachs did because it it was really remarkable.
- 12:22And not just the slots and the execution,
- 12:25but the people skills and the bringing people
- 12:27together skills, an unusually
- 12:29talented leader.
- 12:31Yeah. I think,
- 12:33well, so much
- 12:34that's happened at American healthcare draws back to
- 12:37him even you know the Affordable Care Act
- 12:40his testimony helped
- 12:41with the creation of the idea of
- 12:44clinical integration value based care population health care
- 12:48whatever you want to call it you know,
- 12:50that was
- 12:51academic,
- 12:52you know, at least from my perspective until
- 12:54he actually
- 12:56created the mechanisms to do that and frankly
- 12:59advocate today
- 13:00has grown
- 13:02based upon the principles that you expounded. It
- 13:04was
- 13:05core to the to the transaction strategy
- 13:09was being able to provide that continuum of
- 13:11care and that was really,
- 13:13unique and revolutionary at the time.
- 13:17No. Literally remarkable. I I wanna thank you,
- 13:20Eric. It's great to get a chance to
- 13:21visit with you again. It's it's an amazing
- 13:24breadth of of person that you'll have and
- 13:26intellect that you'll have. It's really a pleasure
- 13:28for me to get to visit with you.
- 13:30Thank you so much for, joining us today,
- 13:33on on the Becker's Healthcare podcast. Just fantastic.
- 13:36Again, Eric Tower,
- 13:37long term leader, advocate,
- 13:39now
- 13:40partner lawyer at Blank Rome, great health care
- 13:43law firm, and a terrific person. Eric, thank
- 13:45you for making the time with us today.
- 13:47I'm flattered to be on here.