Jennifer R. Breuer

Health Care

Jen regularly provides counsel with respect to hospital-physician alignment strategies, development of provider networks to respond to health reform, HIPAA and other privacy matters, health care fraud and abuse risk, and Medicare billing compliance, among other regulatory matters. She also assists health care entities with the development, implementation and management of compliance programs.

Representative Experience

• Representation of a tax-exempt health system in a change of control transaction. Through this transaction, the system parent merged into the parent of another system, and the board of directors of the combined parent was reconstituted with members of both the merged and surviving entity.
• Representation of a critical access hospital in its affiliation with a regional health system. To effectuate the transaction, the critical access hospital adopted the system parent as its own and its bylaws were revised to grant certain reserved powers to the new parent. As part of the transaction, the critical access hospital’s nursing home and senior living facilities were spun out into a new not-for-profit foundation.
• Representation of health system in the determination and voluntary disclosure of potential Stark Law violations.
• Roll-up of five independent single-specialty physician practices into of single “super group” and subsequent general representation of super group, including formation of separate billing company on its behalf.
• Representation of large, multi-specialty physician practice as general counsel.
• Representation of a regional health system in the development and implementation of its compliance program. Jen assisted in the initial structuring of the program and continues to serve as counsel to the compliance committee, including providing counsel on the documentation and reporting of program findings.

Privacy and Data Security

Jen assists with the formation and operation of e-health and technology companies in the health care space and counsels them on privacy law, contracting, risk reduction and breach response. She develops policies, procedures and privacy programs to ensure compliance with state and federal regulations such as HIPAA and 42 CFR Part 2.

Representative Experience

• Assisted in the formation of a technology company that developed an interoperable Personal Health Record and Patient Kiosk software and hardware. Jen counseled the client on technology licensing, privacy law, contracting, and risk reduction issues, and also represented the company in its sale to a Fortune 500 software vendor.
• Development of privacy and regulatory compliance strategies for roll-out of electronic health record on subsidized and unsubsidized basis for multi-state health system. End users include employed physicians, independent medical staff members and affiliated and third-party health care providers, including other facilities. She also serves as system-wide privacy counsel, assisting with the determination of breaches, and federal and state law reporting requirements.
• Formation of a regional health information exchange as a joint venture among five health care providers. This representation included the negotiation of the operating agreement and participation agreements governing all members and participants.
• Analysis of operations of multinational pharmaceutical company to determine need for compliance with HIPAA and other privacy laws. Development of privacy compliance strategy, including policies and procedures, for affected business units.
• Represents a national pharmacy chain with respect to privacy matters, including the structuring of permissible data reporting relationships with pharmaceutical companies and the determination and reporting of data privacy breaches.

Personal Interests

Jen is married and has one teen son, who is an avid baseball player. When not cheering on the team, Jen can be found reading non-lawyerly novels and has recently rekindled her love for scuba diving.