Kathleen Healy

Kathleen G. Healy

Partner

Kathleen G. Healy

Partner

  • Overview

    Biography

    Kathleen 'Kate' Healy advises diverse health care entities on transactional and complex health care regulatory matters. She represents a wide range of clients, including health systems, physician groups, home health and hospice organizations, behavioral health organizations, clinically integrated networks, health IT companies, digital health providers, and data collaboratives. Kate is a member of the firm’s Health Law Group, Health Care Industry Team and the Data Privacy + Cybersecurity and Artificial Intelligence Teams.

    Transactional Matters

    Kate has extensive experience counseling clients with respect to strategic affiliations, mergers and acquisitions, joint ventures, including cross-sector ventures, and other transactional matters. She regularly advises clients on strategic opportunities, including structuring and negotiating definitive agreements to achieve strategic objectives, due diligence, regulatory approvals and revisions to governance documents to reflect the transaction. Kate also assists clients with health care contracting involving health care regulatory, artificial intelligence, and health information technology issues.

    Health Care Regulatory Matters

    Known for her deep knowledge of health care regulations and practical approach, Kate is skilled at helping clients navigate complex health care regulatory frameworks. Kate often handles federal and state licensing approvals, determinations of need, compliance remediation, as well as other regulatory matters, including in the context of strategic transactions. She regularly advises clients on fraud and abuse matters, including the structuring of ownership and compensation arrangements to comply with the Stark Law and federal and state anti-kickback statutes, as well as remediation steps. Kate’s experience also includes assisting clients with the formation and operation of data collaboratives and health information exchanges, including the development of data-sharing agreements and data policies to comply with HIPAA and other federal and state privacy laws, advice about secondary uses of data, vendor contracting, electronic data sharing and digital health issues, risk assessments, and data breach responses.

    A former Peace Corps volunteer and project director, Kate’s record reflects a long-standing commitment to community service.

  • Experience
    • Experience

      Experience

      • Advised numerous health systems in strategic affiliations, including negotiation of definitive agreement, due diligence, advice with respect to federal and state regulatory approvals, and revision of governance documents.

      • Handled multiple mergers and acquisitions involving ASCs, physician groups, home health and hospice organizations, skilled nursing facility and behavioral health organizations, including regulatory approvals.

      • Negotiated numerous joint ventures involving primary care practices/health plans, health systems/health plans, and specialized health care providers/community hospitals, including joint venture formation, governance matters and regulatory approvals.

      • Represented ACOs, PHOs, IPAs and clinically integrated networks on joint venture formations, governance matters, and restructurings.

      • Advised hospitals, Medicare Advantage Organizations, and first-tier, downstream, and related entities on Medicare Advantage requirements, including contracting and fraud and abuse issues.

      • Counseled digital health companies on formation and operation of virtual health care platforms, use of artificial intelligence, and digital applications to assist with the delivery of health care, including advice with respect to regulatory requirements and compliance.

      • Routinely negotiate health IT contracts on behalf of hospitals, digital health companies, and IT companies, including privacy and security considerations, AI contract provisions and implications, and other health care regulatory issues.

      • Represented health systems, health plans, and physician group practices regarding data privacy and security matters, including the development of policies, responses to HIPAA/HITECH and state law data breaches, individual and agency notification obligations, risk assessments, appropriate remediation measures, federal investigations and resolution agreements, as well as corrective action.

      • Advised large health care data repository on HIPAA/HITECH compliance, including data breach analysis, with respect to a multipurpose health care data warehouse formed among a hospital system, health plan, and physician group practice*

      • Analyzed recent state referendum for compliance with HIPAA on behalf of state hospital association*

      • Counseled health care purchaser coalition in the negotiation of value-based health care contracts and prescription benefit management contracts*

      • Served as outside counsel to health information exchanges, including one of the first state-wide health information exchanges in the country, as well as specialty provider health information exchanges involving protected health information and substance use disorder information.

      • * Attorney Healy was counsel in these representative transactions prior to joining Robinson+Cole.

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    • Professional Associations

      Professional Associations

      American Health Law Association

      International Association of Privacy Professionals
    • Honors + Awards

      Honors + Awards

      Selected by her peers for inclusion in The Best Lawyers in America© in the area of Health Care Law for 2024 and 2023. 

      Selected to the Massachusetts Super Lawyers© list from 2013 to 2015

      AV® Preeminent™ Peer Review Rated in Martindale-Hubbell™ in the area of Health Law (Martindale-Hubbell Peer Review Ratings is a trademark. AV Preeminent is a certification mark of Reed Elsevier Properties, Inc.)

  • NEWS + PRESS
    • Publications

      Publications

      "Compliance Corner—The End of the Public Health Emergency: What’s Next for Telehealth?" co-authored with Conor O. Duffy, published in Health Law Connections, the member magazine of the American Health Law Association (May 2023)
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      "A New Look at Medicare Advantage: What Lawyers Need to Know to Advise or Contract with Medicare Advantage Plans Now," published in the American Health Law Association's Journal of Health and Life Sciences Law (October 2018)

      "The Emerging Role of Quality in Healthcare Decision-Making and Payments," published in In-House Counselor, produced by the American Health Lawyers Association In-House Practice Group (June 2012)

      "ARRA and Health Information Technology," published in Law360 Expert Analysis (03/17/2009)

    • Presentations

      Presentations

      "Ambulatory Surgery Centers in Maine: Update for Orthopedic Clinicians," presented at the Maine Society of Orthopedic Surgeons (MSOS) Annual Meeting (3/16/2024)
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      "A Case Study in Innovation - Using AI and Digital Health to Advance Health Care at Home," as part of the Massachusetts Bar Association’s (MBA) 2023 Health Law Conference (9/29/2023)

      "Privacy, Security and Telehealth: Protect the Data, Protect the Patient," at the Massachusetts Bar Association's 2022 Health Law Conference (9/30/2022)
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      "Information Blocking: Complying with the New ONC Final Rule," presented by the Massachusetts Hospital Association (2021)

      "Information Blocking: Complying with the New ONC Final Rule," presented by the Maine Hospital Association (2021)

      "Managed Medicaid: What are the Reimbursement Implications for FQHCs?" presented during the Healthcare Financial Management Association (HFMA) Regional Conference (11/14/2018)

      "Straight from OCR-An Update on the HIPAA Phase 2 Audits," presented by the Boston Bar Association (2017 and 2016)

      "Get Ready, Get Set: The Race to Comply with the Requirements of the HIPAA Final Omnibus Rule," (2013)

      "Advance Directives and Treatment Limitation Orders-Practical Guidance for Common Problem Areas," presented by the Home Care and Hospice Alliance of Maine (2012)

      "The Legal Ramifications of Technology Used by Home Care Staff," presented by the Home Care and Hospice Alliance of Maine (2010)

      "The HITECH Act: Ready or Not … Here It Is," presented by the Maine Health Information Management Association (2010)

      "The Use of Protected Health Information in Legal Proceedings," presented by Lorman (2010)

      "Medical Records Retention Requirements, Electronic Health Records Privacy and Security Issues, and other Risk Management Issues Related to Healthcare Information," presented by Lorman (2010)

      "Electronic Health Records Privacy and Security Issues," MEDS-PDN Seminar (February 2009)

      "High Tech and Health Care: A Look at Current Legal Issues in Technology that Affect your Client’s Business," presented during the Annual Meeting of the Maine State Bar Association (January 2009)

      "Health Care Advance Directives: What’s New?" presented by the Maine Hospital Association (April 2008)

      "Overview of HIPAA and the Privacy Rule," Lorman HIPAA Audits Seminar (April 2008)

      "HIPAA Audits: Auditing Systems Against the Security Rule," presented by the Maine Medical Association (March 2008)

      "A Look at Health Information in the Paper and Electronic Environments," MEDS PEN (March 2007)

      "Legal Issues in Behavioral Health in Maine," MEDS PEN (May 2006)

    • News

      R+C in the News

      • May 4, 2023

        Kate Healy and Conor Duffy Co-Author American Health Law Association Article on “What’s Next for Telehealth?”

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      R+C News Releases

      • August 17, 2023

        78 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2024

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      • October 11, 2022

        Robinson+Cole Lawyers Recognized in 2022 Super Lawyers®

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      • August 18, 2022

        74 Robinson+Cole Lawyers Listed in The Best Lawyers in America 2023

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      • April 8, 2022

        Robinson+Cole Continues Growth in Boston with the Addition of Partners in Health Care and Insurance

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    • Legal Updates/Newsletters

      Legal Updates/Newsletters

      "Health Law Diagnosis" co-authored with Leslie J. Levinson, Danielle H. Tangorre, Erin C. Turkis, Linn F. Freedman and Josh Yoo (4/16/2024)