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Rebecca Simone



Rebecca Simone represents for-profit and nonprofit health care services providers and entities.

What do you focus on?

My practice covers various areas of regulatory compliance and transactional work. Leveraging my industry knowledge and prior experience as in-house counsel for a publicly traded pharmacy benefits manager, today I mainly focus in three areas.

Fraud and Abuse

I regularly counsel our health care clients on navigating their practices/businesses within the confines of the federal Anti-Kickback Statute, the federal Stark law and state law equivalents. I have successfully obtained Advisory Opinions from the Department of Health and Human Services Inspector General regarding compliance with the Anti-Kickback Statute. I also work with clients that are responding to inquiries, such as subpoenas and civil investigative demands, from regulatory agencies. I have significant experience with pharmacy/pharmaceutical manufacturer issues and patient assistance programs.

Health Care Transactions

I’ve acted as health care regulatory counsel on mergers and acquisitions of both public and private health care entities and regularly work on joint ventures and other contractual arrangements such as employment agreements, professional services agreements and license/lease arrangements. I work closely with both health care providers and health care management companies on such transactions and advise clients on underlying licensure, fraud and abuse and other regulatory issues.

Health Information Privacy/HIPAA

I work with clients that have experienced data breaches or are undergoing HIPAA investigations. Additionally, I help clients bring their policies and practices into compliance with HIPAA.

What do you see on the horizon?

I’ve noticed a recent increase in regulatory audits and investigations of health care clients. We help mitigate risk in this area by developing comprehensive compliance plans for our clients.

Publications and presentations

  • “Physician compensation arrangements on OIG radar,” Nixon Peabody Alert, June 11, 2015. (Co-author)
  • “Internal Investigations: Shining the Spotlight on the Role of the Attorney-Client Privilege,” Health Care Compliance Forum, Nixon Peabody LLP, New York, New York, March 24, 2015 (Moderator)
  • “NYS Department of Financial Services (DFS) issues guidance on surprise bills for health care services,” Nixon Peabody Alert, March 24, 2015. (Co-author)
  • “New York’s Surprise Medical Bill Law: three things health care providers need to know before March 31,” Nixon Peabody Alert, January 28, 2015. (Co-author)
  • “CMS releases revised 855R Application for Reassignment of Medicare Benefits,” Nixon Peabody Alert, December 2, 2014. (Co-author)
  • “Self-Disclosing Medicare and Medicaid Overpayments,” Health Care Compliance Forum, Nixon Peabody LLP, New York, New York, October 7, 2014 (Moderator)
  • “NY Surprise Medical Bill Hits Out-Of-Network Providers,” Law360, June 12, 2014.
  • “OIG updates guidance on charity patient assistance programs,” Nixon Peabody Alert, June 5, 2014. (Co-author)
  • “New York's surprise medical bill law,” Nixon Peabody Alert, June 3, 2014. (Co-author)
  • “HHS clarifies health insurance exchanges are not federal health care programs,” Nixon Peabody Alert, November 11, 2013. (Co-author)
  • “CMS issues policy memorandum regarding assignment of Medicare provider agreements following CHOW,” Nixon Peabody Alert, October 3, 2013. (Co-author)
  • “New York State OMIG reminds providers to implement effective compliance plans,” Nixon Peabody Alert, July 27, 2012. (Co-author)
  • “FAQs on the Final ACO Regulations,” Nixon Peabody Alert, December 2011 (Co-author)
  • “Safeguarding Your Data: Security Breaches and Notification Requirements,” Lorman Group, September 2011 (Presenter)
  • “Health Care Fraud & Abuse for Acute Care Providers,” Foundation for Accounting Education’s Healthcare Conference, September 2011 (Presenter)
  • “Analysis of Proposed ACO Regulations Issued March 31, 2011,” Nixon Peabody Alert, April 2011 (Co-author)
  • “Health Care Fraud and Abuse: What You Need to Do Now,” Nixon Peabody webinar, April 2011 (Co-presenter)
  • “Strong Message from HHS/OCR with Two HIPAA Privacy Rule Enforcements within One Week,” Nixon Peabody Alert, February 2011 (Co-author)
  • “Gift Bans,” Nixon Peabody Alert, July 2009 (Co-author)
  • “FTC ‘Red Flag Rules’ Effective November 1, 2008,” Nixon Peabody Alert, October 2008 (Co-author)
  • “Health Care Policies of Our Presidential Candidates,” Nixon Peabody Alert, October 2008 (Co-author)
  • “Medicare Incentives to Physicians for E-Prescribing to Begin in 2009,” Nixon Peabody Alert, July 2008 (Co-author)
  • “Governor Paterson Signs End-of-Life Program into Law,” Nixon Peabody Alert, July 2008 (Co-author)

Defining the Sale-Leaseback: Is it Right for You?

The Ambulatory M&A Advisor | April 01, 2016

Long Island health care partner Rebecca Simone is quoted in this article that reviews the benefits, risks and process of a sale-leaseback in a health care transaction, and what it can hold for those participating in one.

Contact

Rebecca Simone

Partner

Long Island

Phone: 516-832-7524

New York

Phone: 212-940-3773


Fax: 866-552-7828

Hofstra University School of Law, J.D., cum laude

University of Delaware, B.S., cum laude

New York

Rebecca has been recognized as a 2018 Outstanding Woman in Law Honoree, presented by the Maurice A. Deane School of Law at Hofstra Law. She was selected by her peers for inclusion in The Best Lawyers in America© 2018 in the field of Health Care Law.

Rebecca was recommended in The Legal 500 United States 2017 editorial for Industry focus - Healthcare: Service providers and was named a Rising Star by New York Super Lawyers in 2017.

New York State Bar Association, American Bar Association, Nassau County Bar Association, and the American Health Lawyers Association.

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