JILL H. GORDON

Jill Gordon is a partner in Nixon Peabody LLP’s Health Services practice group in the Los Angeles office. As a health law and life sciences lawyer, Jill has extensive experience in representing hospitals, long-term care facilities, foundations and clinics, medical groups, accountable care organizations, and other entities affiliated with the health care industry. In addition, Jill represents companies in the health information, medical device, and telemedicine fields.

Jill primarily represents clients on transactional and regulatory matters, including forming and operating joint ventures and other alliances; structuring mergers and acquisitions; entity formation and financing; and negotiating agreements, such as physician contracts, leases, management and co-management arrangements, bundled payment relationships, pay for performance and gainsharing programs, and managed care contracts. In addition, Jill advises clients on physician self-referral (Stark law), anti-kickback, licensing and certification, and other health care compliance matters.

Selective Representative Transactions

• Several community hospitals and hospital systems in the development and expansion of physician foundations, hospital-based clinics and community clinic networks, including physician practice acquisition and the negotiation and structuring of governance systems and complex services agreements
• Five-hospital health system in the formation of a physician joint-venture with over 800 physicians for purposes of creating a managed care narrow network, system-wide co-management, and a framework for clinical integration
• Community hospital in the creation of a physician joint venture with over 400 physicians; establishment of the joint venture as both a Medicare and commercial payor accountable care organization (ACO)
• Large national health system, as well as several other hospitals, health plans, PHOs, and medical groups around the country in the development of internal guidelines for physician incentive payments focused on quality and cost-saving measures (gainsharing and P4P)
• Several hospital systems and community hospitals in the design and implementation of an electronic medical record (EMR) donation program and health information exchange (HIE) structure
• Several hospital systems, health plans, IPAs and medical groups with respect to their managed care contracting strategy, joint contracting, the establishment of narrow networks, risk pools, and delegated services arrangements
• Multi-stakeholder nonprofit entity in the development and implementation of a statewide commercial payor bundled payment demonstration program
• Several academic medical centers in their overall physician alignment strategy and ACO development
• Several telemedicine and mobile imaging companies with respect to their start-up operations and expansion to multiple states
• National developer of radiation therapy joint ventures with respect to regulatory compliance matters for over twenty transactions
• Several skilled nursing and assisted living landlords and operators with respect to facility sales and acquisitions, lease agreements, and operations transfers

Presentations

Jill is a frequent lecturer for such organizations as the American Health Lawyers Association, the American Bar Association, the Healthcare Financial Management Association, the Hospital Association of Southern California, and numerous other national and regional organizations. Jill has given over 80 presentations, including the following recent topics:

• “The New Healthcare Landscape - Shared Savings or Shared Misery?,” Los Angeles County Bar Association, Los Angeles, March 7, 2013
• “If You Can’t Monitor It, Don’t Execute It: Ways to Develop Compliant Agreements that are Commercially Reasonable and Consistent with FMV,” AHLA Hospitals Law Institute, Phoenix, February 13, 2013
• “Healthcare Reform and Providers: Getting Down to the Basics,” Guest Lecturer, UC Irvine MD/MBA Joint Degree Program, Physicians, Healthcare and the Law, January 31, 2013
• “The Fundamentals of a Healthcare Transaction: An Interactive Look at the Anatomy of a Deal,” ABA Health Law Section Webinar, October 11, 2012
• “Motivating Patients with Incentives Not Inducements or Kickbacks,” Health 2.0 Conference, San Francisco, October 7, 2012
• “Compliance Issues for Surgery Center Buy-Ins, Operations, and Buy-Outs,” LACBA 9th Annual Healthcare Compliance Symposium, Los Angeles, October 4, 2012
• “Physician Alignment Alternatives to Employment” and “ACOs in Action: Developing a Successful ACO,” Annual Medical Development Specialists Conference, Las Vegas, October 1, 2012
• “Contracting Bundled Payment With Commercial Payors,” Bundled Payment Summit, Washington, DC, June 13, 2012
• “Gainsharing in BPCI,” Bundled Payment Learning Forum, The Camden Group, May 3, 2012
• “Improving Quality through Physician Alignment Strategies: Legal and Valuation Issues,” Pay for Performance Summit, Los Angeles, March 20, 2012
• “Evaluating Opportunities and Hazards in Healthcare Integration,” Los Angeles County Bar Association, Los Angeles, March 15, 2012

Publications

Jill has been quoted in and published over 50 articles. Some of her recent publications include:

• “Recent Complaint Highlights Role of Copyright in Protecting Health Care Information,” Nixon Peabody Intellectual Property Alert, November 2, 2012 (co-author with John Chatowski and Robert Weikert)
• “Contracting for Bundled Payment,” Prepared for: Centers for Medicare & Medicaid Services, MITRE, December 16, 2011
• “Overview, Issues Raised, and Probable Controversies,” Accountable Care News, Special Edition—ACO Regulations, April 2011
• “Do the Right Thing: Can the ACO Reinvent the Payor-Provider Relationship?” The Healthcare Innovator’s Forum, Vol. 1, No. 1, March 2011
• “Hospital-Physician Alignment Strategies,” White Paper for the California Hospital Association, January 2011