As a former senior in-house counsel for two national health care systems, Sarah Swank provides strategic, regulatory and operational advice to health systems, hospitals and academic medical centers, as well as large national and regional physician organizations and telehealth and other startups.
I provide strategic advice to executive leadership at health systems, hospitals, academic medical centers, long-term care, and large physician organizations. I advise clients regarding accountable care organizations (ACOs) and clinically integrated networks through all stages of development, including application into the Medicare Shared Savings Program. I assist with innovative approaches to pay-for-performance, managed care contracting, care coordination, and population health. My experience includes ACOs with multiple hospital systems, physician-owned, joint venture models, medical faculty entities, Federally Qualified Health Centers, children’s hospitals, health information exchanges, long-term care, and hospital-owned health plans.
I counsel major academic medical centers, nationally recognized health systems, and ACOs in launching and growing complex operational programs, such as national and international telehealth, digital health, and AI programs. I work directly with in-house counsel and senior and clinical leadership on strategic development and implementation of telehealth and e-health programs. Additionally, I assist technology startups with regulatory and corporate advice, including HIPAA compliance. I recently assisted an internationally known academic medical center with planning, implementation, and advice regarding telemedicine credentialing, governance, operational, HIPAA, and fraud and abuse matters. My background includes advising academic medical centers on international second opinion programs and strategic planning regarding programmatic international expansion. I have firsthand experience managing these issues as in-house counsel.
My fraud and abuse background focuses on advice and guidance under Stark, the Anti-Kickback Statute, Civil Monetary Penalties, and the False Claims Act related to physician transactions, compliance programs, graduate medical education, clinical research, medical director and other physician arrangements, investigations, and compliance efforts after a corporate integrity agreement (CIA). I integrate operational issues with technical analysis of the fraud and abuse laws to suggest practical solutions. My experience includes acting as fraud and abuse counsel during negotiations with the DOJ on Stark and medical necessity, assisting with structuring physician arrangements and transactions, conducting internal investigations, and advising regarding CIA implementation post-settlement.
My work in the area of clinical research and institutional review boards (IRBs) includes due diligence reviews during hospital mergers, FDA audits, reporting, program evaluation, and compliance of IRB and research programs for academic medical centers and community hospitals. I successfully prepare and advise clients during FDA audits, assist with the integration of research activities into compliance programs and electronic health records and digital implementation, perform HIPAA compliance assessments, and provide training and education to IRBs.
I understand the pressures of general counsel who face increased budgetary demands and the need to adapt to changes in the health care industry. As we move toward pay-for-performance arrangements, care coordination, and digital health solutions, my prior experiences provide valuable insight into where the health care industry is heading both nationally and internationally.
Sarah Swank is a national speaker, author, and thought leader in supporting organizations to navigate the rapid changes occurring in health care, including payment reform, ACOs, telehealth, and artificial intelligence. Sarah continues to be an innovator in the health care arena, having presented and authored on various topics, including serving as the first speaker at both HIMSS and the American Telemedicine Association on ACOs as well as the first professional to speak on telehealth issues with the American Health Lawyer Association. A selection of her standout presentations and publications over the years include the following:
American Health Lawyers Association | April 01, 2020
In this podcast, Washington, D.C. Health Care counsel Sarah Swank speaks with three hospital general counsel on the front lines of the coronavirus pandemic.
AHLA Speaking of Health Law | March 26, 2020
Washington DC Health Care counsel Sarah Swank appeared on this American Health Lawyers Association podcast to discuss how medical facilities are ramping up telehealth programs in response to the pandemic.
Healthcare Financial Management Association | March 24, 2020
Washington, DC, Health Care counsel Sarah Swank discusses how waivers from the Centers for Medicare and Medicaid Services have allowed hospitals to pursue flexible approaches to patient care during the wave of COVID-19 infections.
Washington Business Journal | March 20, 2020
Washington, DC, Health Care counsel Sarah Swank talks about how a new waiver that expanded the list of video conference apps and platforms permitted under HIPAA for telemedicine could be a game-changer for the industry.
Inside Reproductive Health | March 19, 2020
In this podcast episode, Los Angeles Health Care partner Jill Gordon and Washington, DC, Health Care counsel Sarah Swank discuss new regulations around using telemedicine to reach patients in a time of community quarantines.
Washington Business Journal | March 18, 2020
This article features Washington, DC, Health Care counsel Sarah Swank discussing how hospitals are adjusting to changes in the face of the coronavirus pandemic, and how many hospitals can employ lessons learned during the 2008 recession.
Law360 | March 17, 2020
This Q&A with health care attorneys quotes Washington, DC, Health Care counsel Sarah Swank related to the Centers for Medicare & Medicaid Services’ Section 1135 waivers and what they mean in practice.
AIMed | March 09, 2020
Washington, DC, Health Care counsel Sarah Swank wrote this contributed article analyzing how organizations can avoid fraud and abuse pitfalls as clinical AI services become more prevalent in the industry.
Heath Care Alert | 04.24.20
Health Care Alert | 04.06.20
Health Care Alert | 03.31.20
Employment Law Alert | 03.26.20
Health Care Alert | 03.24.20
Health Law Alert | 03.19.20
Health Care Alert | 03.18.20
12.03.19 | Webinar
11.14.19 | Webinar
Villanova University School of Law, J.D., cum laude
Skidmore College, B.A., cum laude
District of Columbia