Georgia’s “Surprise Billing” Law to Impose New Restrictions on Healthcare Providers and Facilities
Jul 20, 2020
jennifer m. vaughan
Partner
Atlanta
Overview
Jennifer Vaughan knows healthcare transactional and compliance issues through-and-through. Whether hospitals, healthcare systems, physician practices, provider networks, accountable care organizations, or any of the myriad other organizations that make up the American healthcare landscape, Jennifer is there to help them thrive. She has seen her healthcare clients through all manner of change, including mergers, joint ventures, asset dispositions, affiliations, and regulatory and reimbursement changes. Her strong orientation to the business of healthcare allows her to provide deeply insightful counsel to clients.
Corporate strategies in healthcare raise unique issues. Jennifer has deep understanding of the intricacies involved when healthcare institutions explore new integrated delivery strategies. Stark Law, HIPAA, Medicare fraud: Jennifer is well-versed in all of the compliance and diligence areas healthcare clients must consider when partnering with others in the industry.
Jennifer is entirely focused on helping her clients complete their deals and grow their businesses. Her experience in the complex and rapidly-changing world of healthcare helps her clients identify new opportunities and efficiently close transactions. With a proactive style of communication and focus on business outcomes, Jennifer has a unique ability to help her clients navigate the uncertain waters of the healthcare industry.
Experience
- Advised providers regarding COVID-19 regulatory issues, including federal and state waivers, telehealth and reimbursement issues as well as CARES Act funding.
- Counseled Business Associates and entities working with regulated providers on HIPAA Privacy, Transactions and Security Standards as well as HITECH implementation.
- Advise clients regarding potential breaches, including analysis of reporting requirements
- Represented client with respect to acquisition of interest in a cancer center joint venture.
- Represented a tax exempt physician practice with the highest patient volume in the country in its subspecialty with respect to federal and state regulatory approvals, compliance and joint venture/affiliations.
- Developed and executed an acquisition regulation and legislation strategy for Northeast Georgia Health System related to acquisition of assets of Chestatee Regional Medical Center and subsequent sale and lease back to Georgia Board of Regents (the State University System).
- Represented a medical center in connection with significant identity theft data breach caused by an employee of an outside vendor. We assisted the client with the internal investigation and coordination with cyber insurance carrier and its counsel with respect to reporting credit monitoring and indemnification.
- Advised hospitals, physicians, nursing homes, health plans and other covered entities regarding compliance issues for more than 20 years.
- Performed investigations and analysis of potential breaches of confidential information to advise regulated entities.
- Provide due diligence compliance and regulatory support to healthcare lending clients.
- Prepared policies and conducted training for covered entities across the country to comply with HIPAA Privacy Rule.
- Assist clients in connection with acquisitions and other related transactions with respect to due diligence related to HIPAA and other privacy and data security issues.
- Development of Business Associate Agreement forms and assistance with negotiation and evaluation of these agreements.
- Assisted a medical center with the development of their business associate audit guidelines and implementation of Data Privacy/Security Preparedness Assessment form in order to assess vendors.
- Advised a medical clinic in connection with the assessment and development of medical records policies with respect to access, access fees and authorization requirements.
- Advise leading health information exchange regarding regulatory and operational issues, including HIPAA Privacy and Security compliance.
Thought Leadership
- Regular contributor: Health Care News Beat, PHR&D Newsletter, 2009-present
- Webinar: How COVID-19 Is Changing Healthcare -- Three Things Providers Should Know, Georgia Health Information Network and the Georgia Department of Community Health monthly webinar series, April 2020
- Speaker: Physician Contracting Issues, Georgia Alliance of Community Hospitals & Georgia Rural Health Association Second Annual Medical Fair, August 2013
- Speaker: Physician Contracting Issues, Georgia Alliance of Community Hospitals & Georgia Rural Health Association Medical Fair, October 2012
- Author: Keeping an Eye on Physician Recruitment, Daily Report-Health Care Law, March, 1993
- Author: An Overview of the Certification and Reimbursement Aspects of Rural Health Clinics and Federally Qualified Health Centers, Georgia Academy of Hospital Attorneys Annual Meeting, 1993
- Author: Restrictive Covenants - The Ten Commandments and Other Inspired Advice on How to Reach the Promised Land of Enforceability, Sponsored by ICLE and the Corporate and Banking Law Section of the State Bar of Georgia, 1996
- Author: Coping with Reality: Maintaining Control Through Restrictive Covenants, Letters of Intent, Rights of First Refusal and Other Contract Provisions, 1997 Health Law Handbook, Gosfield, 1997
Areas of focus
- Healthcare
- Corporate & Business Transactions
- Healthcare Transactions
- Healthcare Regulatory, Reimbursement & Compliance
- Privacy & Data Security
Education
- University of Georgia School of Law (J.D., cum laude, 1991) Editorial Board, 1989-1990 and Managing Board, 1990-1991, Georgia Law Review
- Furman University (B.A., 1988)
Accolades
- Recognized as one of Georgia's "Top Rated Lawyers" by Martindale-Hubbell and ALM (2012)
Professional affiliations
- Serves on the Firm's IT Governance Committee
- Chair of Firm's Privacy Task Force
- Georgia Academy of Healthcare Attorneys, Member
- State Bar of Georgia (Member, Health Law Section)
- American Health Lawyers Association, Member
- State Bar of Florida (Member, Health Law Section)
Admitted to practice
- Georgia
- Florida