Representative Experience

Healthcare Data Privacy and Security Compliance

•  Advised hospitals, medical groups, behavioral health providers and a self funded health plan, on federal and state health information privacy and security laws and regulations including HIPAA, HITECH, CMIA and California breach notification laws.

• Created HIPAA compliance programs and employee training manuals.

• Evaluated actual and potential breaches, conducted risk assessments and implemented policy reform to reduce future risk.

• Drafted notice of privacy practices, breach notices, privacy and security officer responsibility guidelines, and information disclosure authorization forms.

• Drafted and negotiated business associate agreements.

Telemedicine

• ·Advised a behavioral health entity on the regulatory issues for providing telemedicine services to patients within and outside of California.

• Advised a therapy app on telemedicine requirements for providing virtual therapy services across the country.

• Advised tele-health chronic care management business on technology agreements, multi-state corporate practice of medicine and tele-health laws, requirements for patient services agreements, business formation and investor relations.

Regulatory Compliance

• Advised telemedicine venture on Medicare rules for telemedicine, multi-state corporate practice of medicine requirements and the development of a concierge medicine practice

• Advised various entities on HIPAA breach notification requirements and HIPAA and CMIA compliance.

• Advised surgical center on obtaining a tissue bank license.

• Advised national complex rehabilitation technology supplier on updated Medi-Cal laws for complex rehabilitation technology.

• Advised prominent hospital on federal and state fraud and abuse laws pertaining to outsource laboratory pricing.

• Advised on multi-state anti kickback rules for investor private placement memorandum and drafted outline of healthcare rules and risks.

• Advised hospital on Joint Commission, DNV GL and CIHQ accreditation requirements, outlining remedial measures necessary to ensure accreditation.

• Advised on regulatory compliance issues including Stark Law and the Anti-Kickback Statute, PORA, corporate practice of medicine, HIPAA, HITECH, telehealth law requirements, physician drug dispensing and 340B Ryan White program requirements.

• Advised on specialist agreements and primary care provider agreements to ensure compliance with Knox-Keene requirements.

• Advised on Internal Revenue Service Regulations, the Federal Sentencing Guidelines for Organizations and the Office of Inspector General Compliance Program Guidance.

• Drafted revisions to hospital policies and made recommendations to improve management and oversight practices.

Transactional

• Executed asset purchase of an oncology practice and oversaw the smooth transition of employees including drafting and negotiating speciality provider agreements.

• Represented pediatric practice in the successful acquisition of the practice by a private equity firm, oversaw the smooth transition of the shareholder to employee and negotiation of lease agreement.

• Advised on the asset purchase of an allergy and asthma clinic, including negotiation of the asset purchase agreement, lease addendum and physician employment agreement for the selling shareholder.

• Advised management services organization on the asset purchase of non-clinical and clinical assets for a dermatology practice, including the asset purchase agreements, a continuity planning agreement and physician employment agreements.

• Advised on and negotiated the commercial lease for a hair and spa services business, as well as the expansion of the lease to an additional lot. Additionally, drafted booth rental agreements, employment agreements and termination letters and an affiliate marketing agreement.

• Advised on the transfer of shares to a new shareholder for a surgical center including drafting the buy-sell agreement, the joinder of shareholder and spousal consent agreement, the fictitious name permit notification of shareholder change and modifying the existing shareholder agreement and bylaws to reflect relevant updates.

• Advised a telehealth venture on business structuring including forming management services organization, drafting the management services agreement and licensing agreement, business associate agreement, operating agreement, and technology agreements and advising on the relevant healthcare laws and risks for the private placement memorandum.

• Analyzed and negotiated payor contracts on behalf of medical practices and advised various practices on requirements and obligations pertaining to those contracts.

• Assisted medical spa in forming employee training program and advised on implications when employees leave or are terminated.

• Formed professional corporations, limited liability companies and general corporations, including structuring friendly professional corporation and management services structures and corresponding governance documents to ensure efficient business operations.

• Advise on shareholder rights and relationships and draft shareholder, share transfer, share transfer restriction and security agreements.