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    1. Home
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    3. Rebecca SimonePeople
    1. Home
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    3. Rebecca SimonePeople

    Rebecca Simone

    Partner


    • Long Island, New York City
    • Office516.832.7524
    • rsimone@nixonpeabody.com
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    Introduction

    Rebecca Simone represents for-profit and nonprofit healthcare companies and healthcare investment and management firms in connection with their regulatory and transaction needs. Rebecca has particular expertise in telehealth, COVID-19, dialysis, pharmacy/pharmaceuticals, cosmetic dermatology/MedSpa, and a focus on fraud and abuse and Stark law compliance.

    Practice Areas

    HealthcareHealthcare TransactionsPrivate Equity & Investment FundsMedicare & Medicaid and Other Government PayorsLife SciencesCybersecurity & PrivacyManaged Care Contracting & Network DevelopmentAccountable Care Organizations & Physician Hospital Alignment StrategiesDental Services OrganizationsDigital Health & TelehealthHealth Information - Privacy, Security, and Data SharingBehavioral HealthHealthcare Regulatory & ComplianceFertility, Reproductive Medicine, Sexual Health & Wellness

    Industries

    Healthcare

    My focus

    My practice covers various areas of regulatory compliance and transactional work. I work closely with clients on growth strategies, including mergers, acquisitions and joint ventures at every level from startup to publicly traded company, providing counsel on related regulatory issues and structure. I also spend much of my time providing compliance guidance in areas such as telehealth, reimbursement, licensing, fraud and abuse and state healthcare law which are all continuously evolving, particularly in the era of COVID-19.

    Healthcare Transactions

    I’ve acted as healthcare regulatory counsel on mergers and acquisitions of both public and private healthcare 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 healthcare providers and health care management companies and investment entities on such transactions and advise clients on underlying licensure, fraud and abuse, corporate practice of medicine, and other regulatory issues. I am currently working with several clients that are involved in the world-wide response to the COVID-19 pandemic, including COVID-testing companies, laboratories and physician practices.

    Fraud and Abuse

    I regularly counsel our healthcare 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 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.

    Looking ahead

    COVID-19 is arguably the top healthcare priority in the United States and has impacted all entities and individuals in the healthcare space in some way. I expect to see innovation from healthcare technology companies and healthcare providers to continue to adapt to this changing environment. However, as is often the case in healthcare, technology moves faster than regulation. I am currently counseling several clients on operating their COVID-19-related services and businesses in a compliant manner. I expect to see increased enforcement activity and government investigations related to allegations of companies/providers fraudulently taking advantage during the pandemic.

    Insights

    • Speaker, “How to Create a Telemedicine Healthcare Compliance Program,” ATA2023, March 4, 2023
    • “Key considerations for telehealth providers following the Dobbs decision,” Association of Corporate Counsel, August 25, 2022
    • Panelist, “Building Your Telehealth Strategy,” ATA2022 Annual Conference & Expo, Boston, MA, May 1, 2022
    • Moderator, “Telemedicine Webinar Series Part I: Legal and Regulatory Issues in Telemedicine,” American Health Law Association, Webinar, April 19, 2022
    • Presenter, “Guide to Understanding the No Surprise Act,” CohnReznick/Nixon Peabody LLP, Webinar, December 15, 2021
    • Presenter, “Key Aspects of Social Media Marketing in Health Care,” West LegalEdcenter, Webinar, October 15, 2021
    • Presenter, “Final Stark AKS Rules,” Women in Health Administration of Southern California Webinar, March 16, 2021
    • Presenter, “Real Talk: How the Revised Stark and AKS Rules Will Impact Health Industry Compliance,” American Bar Association, Webinar, January 12, 2021
    • Presenter, “Final Changes to Stark Law and Anti-Kickback Statute Regulations: What Your Organization Needs to Know,” Nixon Peabody LLP, Webinar, January 6, 2021
    • Presenter, “Proposed Changes to Stark Law and Anti-Kickback Statute Regulations – What Your Organization Needs to Know About These and Other New HHS Initiatives,” Health Care Compliance Association (HCCA) Webinar, February 18, 2020.
    • Presenter, “Stark Law, AKS, and CMP Law Changes: Expanded AKS Safe Harbors, Narrowing Stark Law—Proposed Stark and AKS Protections to Facilitate Value-Based Arrangements and Care Coordination,” Strafford Webinar, February 4, 2020.
    • “State Response to Opioid Crisis and Opioid Prescribing Requirements: A 50 State Survey,” AHLA, November 2019
    • “Practical Policies to Develop Internal Controls and Minimize Compliance Risk,” PAP 2019 20th Annual Patient Assistance & Access Programs, March 2019
    • “OCR seeks public comments on potential HIPAA revisions to encourage care coordination,” Nixon Peabody HIPAA Law Alert, December 14, 2018
    • “Navigate the Differences in Providing Assistance for Government vs. Commercial Patients,” CBI PAP Legal Update, September 2018 (Moderator)
    • “Trump signs telemedicine law related to prescribing controlled substances,” Nixon Peabody Health Care Alert, November 7, 2018
    • “CMS seeks input on the regulatory burden of the Stark law and ideas for possible changes,” Nixon Peabody Health Care Alert, June 25, 2018
    • “OIG releases new final rules related to the Anti-Kickback Statute and Civil Monetary Penalties Law,” Nixon Peabody Health Care Alert, December 15, 2016
    • “What’s trending on NP Privacy Partner,” NP Privacy Partner, July 8, 2016
    • “What’s trending on NP Privacy Partner,” NP Privacy Partner, June 10, 2016
    • “Renewed focus on managed care, program compliance in the OMIG's newly released 2016–17 work plan,” Nixon Peabody Health Care Alert, May 12, 2016
    • “What’s trending on NP Privacy Partner,” NP Privacy Partner, April 8, 2016
    • “NYS health commissioner uses discretion to issue blanket waiver to e-prescribing mandate in ‘exceptional circumstances,’” Nixon Peabody Health Care Alert, March 18, 2016
    • “New York State e-prescribing mandate effective March 27, 2016; no further delay is expected,” Nixon Peabody Health Care Alert, March 2, 2016
    • “Physician compensation arrangements on OIG radar,” Nixon Peabody Health Care Alert, June 11, 2015
    • “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
    • “New York’s Surprise Medical Bill Law: Three things health care providers need to know before March 31,” Nixon Peabody Alert, January 28, 2015
    • “CMS releases revised 855R Application for Reassignment of Medicare Benefits,” Nixon Peabody Alert, December 2, 2014
    • “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
    • “New York's surprise medical bill law,” Nixon Peabody Alert, June 3, 2014
    • “HHS clarifies health insurance exchanges are not federal health care programs,” Nixon Peabody Alert, November 11, 2013
    • “CMS issues policy memorandum regarding assignment of Medicare provider agreements following CHOW,” Nixon Peabody Alert, October 3, 2013
    • “New York State OMIG reminds providers to implement effective compliance plans,” Nixon Peabody Alert, July 27, 2012

    Admitted to practice

    New York

    Education

    Hofstra University School of Law, J.D., cum laude
    University of Delaware, B.S., cum laude

    Professional activities

    • New York State Bar Association
    • American Bar Association
    • Nassau County Bar Association
    • American Health Lawyers Association
    • American Telemedicine Association

    Recognition

    • Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2023 in the field of Healthcare Law; listed since 2018
    • Recommended in The Legal 500 United States 2022 editorial for Industry focus - Healthcare: Service Providers, as well as in previous editions
    • Recipient of the 2021 Top Lawyers of Long Island Award from the Herald Community Newspapers
    • Named a Rising Star by New York Super Lawyers in 2017

    In the News

    • Bloomberg Law

      Contrast dye maker, providers escape suit over free equipment

      This article, which covers the dismissal of a lawsuit against medical device maker Bracco USA Inc. and several healthcare providers over an alleged scheme involving free medical equipment, mentions NP for representing one of the providers in the case (NYU Langone Health System Inc.). The NP team includes Long Island Healthcare partners Lindsay Maleson and Rebecca Simone, and Government Investigations & White-Collar Defense partner Adam Tarosky and associate Bobby McManigal, both of the Washington, DC office.

      Dec 28, 2022
    • LIHerald.com

      'A true celebration': RichnerLIVE, Herald hosts second annual Top Lawyers of LI Awards Gala

      This article quotes Long Island Health Care partner Michael Schnipper, one of four NP attorneys who received awards at this week’s gala. Along with Michael, Long Island Office Managing Partner Allan Cohen, partner Rebecca Simone, and counsel Jason Chimon, all of the Health Care group, were also honored. In addition, NP’s Long Island office was recognized as the top legal firm with 25-65 employees.
      Oct 7, 2021
    • Crain’s New York Business

      Zocdoc's new pricing rankles New York doctors

      Long Island Health Care partner Rebecca Simone is quoted in this article about physicians’ reactions to Zocdoc’s new pricing policy and how it may impact New York–based health care providers and medical groups. The article also appeared in Modern Healthcare.
      Aug 27, 2019
    • The Ambulatory M&A Advisor

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

      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.
      April 1, 2016
    • Crain's New York Business - Health Pulse

      New Security Risks for Providers

      Health Care partner Rebecca Simone provides commentary on the struggle some health care providers face working to ensure the security and HIPAA compliance of outside business partners with access to electronic medical records.
      Aug 20, 2015
    • Long Island Business News

      Ones to Watch: Law

      Long Island Health Care partner Rebecca Simone is featured in this column describing her practice and noting her recent election to the firm’s partnership.
      March 18, 2015
    • Consumers Digest

      Beware of Drive-By Doctoring Fraud

      Long Island Health Care partner Rebecca Simone provides commentary in this article on “drive-by doctoring,” a practice where medical professionals charge patients or insurers fees by inserting themselves into treatment without the patient's knowledge.
      March 1, 2015
    • Crain's New York Health Pulse

      Surprise-Billing Law Casts Wide Net

      Albany Health Care partner Laurie Cohen and Long Island Health Care partner Rebecca Simone are quoted in this article discussing New York's surprise medical bill law. The piece also contains a link to Laurie and Rebecca's original client alert on the topic.
      Feb 2, 2015
    • Law360

      NY Surprise Medical Bill Hits Out-Of-Network Providers

      Long Island Health Care associate Rebecca Simone authored this column discussing New York’s new “Emergency Medical Services and Surprise Bills” legislation.
      June 12, 2014

    Insights And Happenings

    View All
    • Alert

      DEA proposes regulations for prescribing controlled substances via telemedicine

      March 2, 2023
    • Alert

      New No Surprises Act Rule addresses “downcoding” and vacated QPA presumption

      Aug 23, 2022
    • Alert

      Key considerations for telehealth providers following the Dobbs decision

      July 22, 2022
    View All

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      • Office:516.832.7633
      • pegan@nixonpeabody.com
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    • Jill H. Gordon

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      • Office:213.629.6175
      • jgordon@nixonpeabody.com
      Jill H. Gordon
    • Michele A. Masucci

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      • Office:516.832.7573
      • mmasucci@nixonpeabody.com
      Michele A. Masucci
    • Jéna M. Grady

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      • New York
      • Office:212.940.3114
      • jgrady@nixonpeabody.com
      Jéna M. Grady
    • Harsh P. Parikh

      Partner
      • Los Angeles
      • Office:213.629.6108
      • hparikh@nixonpeabody.com
      Harsh P. Parikh
    View All

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