Draft and negotiate business associate agreements, qualified service organization agreements, data use agreements, privacy addendums to vendor contracts, and care quality information sharing agreements.

Draft privacy and security policies and procedures that comply with HIPAA, 42 CFR Part 2, information blocking rules, and state privacy laws governing specially protected information.

Serve on nonprofit multi-specialty health care organization’s privacy and security committee

Lead response to HIPAA breach caused by a ransomware attack at a service provider who serves as business associate to numerous covered entities and defended related investigation by U.S. Department of Health and Human Services, Office of Civil Rights (“OCR”).

Manage HIPAA breach caused by phishing incident at a multi-specialty provider resulting in notification to more than 20,000 patients and defend related investigation by OCR.

Respond to OCR inquiry related to patient allegations of HIPAA Privacy Rule violations by a large behavioral health provider.

Respond to Attorney General investigation into allegations of unlawful disposal of medical records by a large behavioral health provider.

Draft HIPAA authorization/release of information forms and notice of privacy practice for variety of clients.

Draft, review and revise numerous business associate agreements, and data use agreements.

Represent a large health system with respect to its acquisition of several joint-ventured imaging centers and affiliated management service organization.

Represent a large private equity backed orthopedic platform with respect to acquisition of orthopedic practices in Nevada and Wisconsin.

Represent a physician group with respect to an ASC joint venture.

Conduct buy-side diligence and clean-up of capitalization table for behavioral health provider in connection with nine-figure investment from various sources, underwriting and eventual IPO.

Advise large physician owned radiology group on several acquisitions of, and joint venture with, other radiology groups and imaging centers (low- to mid-seven figure deal values), including advising on related corporate practice of medicine, fraud and abuse and privacy issues.

Advise private equity client in connection with $25 million investment in an ophthalmology group.

Assist behavioral health client with establishing a Management Service Organization (MSO) and post-acquisition integration of clinics located in over 15 states within the MSO model, including preparing management services agreements and equity transfer restriction agreements.

Assist IV infusion therapy provider to set up an MSO under the “friendly doc” model.

Advise client in connection with seven-figure investment in a telehealth and professional services platform.

Prepare physician shareholder agreement for a urology group practice.

Prepare and negotiate several professional service agreements and medical director agreements with hospitals, physician groups and imaging centers on behalf of a large radiology group.

Prepare and negotiate network participation agreements and affiliation agreements for a multi-state health network.

Prepare medical director agreement for non-profit community health center.

Prepare and negotiate physician employment agreements for physician groups.

Prepare multi-party professional services agreement involving a large health plan and affiliated physician group and hospital system.

Advise managed care organization/coordinated care organizations regarding compliance with requirements under contracts with Oregon and Washington health care authorities.

Draft and revise managed care organization’s delegation agreement with providers to conform with revisions to state CCO/MCO contract on an annual basis.

Represent DMEPOS provider regarding Medicaid overpayment audit (preliminary and final audit findings) and negotiate settlement from six-figure overpayment to low five-figure.

Represent highly regulated facility that provides care to differently abled children with respect to rate calculation and coding dispute with Medicaid agency and related overpayment audit.

Represent substance use disorder treatment provider with respect to overpayment audit and self-disclosure issues.

Assist national provider of intermediate care facilities with change of ownership and enrollment in Medicaid programs in Idaho and Alaska, and advise on post-enrollment billing and reimbursement issues, including interfacing with Medicaid agency to provide support.

Advise on risk of overpayment liability with respect to acquisition of clinical lab, radiology clinic, etc.

Advise on Medicare conditions of participation issues.

Advise on Stark Law, Anti-Kickback Statute and state fraud and abuse issues in connection with cross-state acquisition of radiology group and related affiliation with hospital.

Advise large physician owned radiology group on compliance with Stark group practice and applicable exceptions.

Analyze Stark and Anti-Kickback Statute risk associated with referrals of a large telehealth and professional services platform in connection with client’s seven-figure investment in the platform.

Structure a urology group’s acquisition of a new clinic to comply with Stark Law and Anti-Kickback Statute, and prepare agreements (personal services agreement, space and equipment rental agreement, etc.) that qualify for applicable exceptions and safe harbors, including helping client navigate fair market value considerations.

Assess risk of Anti-Kickback Statute noncompliance associated with bonus payable by a health network to a physician as an incentive to join the network.

Advise a large health care system with respect to applicability of HCMO process to proposed affiliation, and prepare related filings.

Guide an Oregon physician group through the HCMO approval process with respect to its proposed merger with an out-of-state physician group.

Prepare HCMO notice of determination resulting in successful exemption of a transaction involving an out-of-state provider.

Advise an accountable care organization (“ACO”) on applicability of HCMO exemption with respect to its proposed affiliation with another ACO.

Advise private equity firm regarding applicability of HCMO exemption to its investment in a multi-state provider with Oregon operations.

Served as local counsel for buyer to prepare a licensing opinion for skilled nursing facilities in connection with financing for a large acquisition.

Prepare licensing opinion for Oregon facilities accounting for a significant portion of a nine-figure multi-state skilled nursing, assisted living, and memory care facilities.

Advise a multi-state health network on No Surprises Act compliance, including qualified payment amount calculation issues.

Defend a multi-state insurer with respect to NSA disputes for out-of-network air ambulance claims.  

Advise variety of providers on NSA’s Good Faith Estimate requirements, and prepare related policies/procedures.

Compliance Program. Prepare compliance plan and policies that comply with applicable OIG guidance for clinical lab and physician groups.   

Clinically Integrated Network. Structure a primary care clinically integrated network (“CIN”), and advise CIN participants on healthcare antitrust, fraud and abuse, and privacy issues, among others.

Peer Review. Advise multi-state radiology provider on establishing a federal and multi-state law compliant peer review program, including advising on Washington CQIP plan.

COVID-19 Funding. Advise numerous providers in connection with CARES Act and Provider Relief Fund compliance.

Corporate Practice. Assist large multi-state behavioral health and dental service providers with corporate practice of medicine/corporate practice of dentistry compliance.

Intake Forms. Prepare informed consent forms for variety of clients, including forms that comply with complex state consent laws governing minors and incapacitated individuals with respect to specially protected treatment such as mental health and SUD services.