As a health law and life sciences lawyer, Jill Gordon represents academic medical centers, hospitals, long-term care facilities, surgery centers, foundations and clinics, medical groups/IPAs, accountable care organizations and other entities affiliated with the health care industry. Jill also represents companies in the health information, medical device and telehealth fields. Jill is a member of Nixon Peabody’s management committee.
What do you focus on?
I assist health care providers and others in the industry with transactional and regulatory matters. My practice is primarily focused on hospital/physician alignment strategies; forming joint ventures and other alliances; structuring mergers and acquisitions; and negotiating managed care and other agreements, such as physician contracts, facility leases and management and co-management arrangements.
Many of my transactions incorporate bundled payment relationships, pay for performance and shared savings incentive programs and the creation of clinically integrated or “narrow” networks. I also provide counsel with respect to physician self-referral (Stark law), anti-kickback, licensing and certification and other health care compliance matters and serve as outside general counsel to a number of providers.
Increasingly, many traditional health care providers and suppliers, as well as emerging companies, turn to me for counsel with respect to the creation of new products and services within the traditional health care market that have some “digital health” component such as sensor technology, remote monitoring, health-related apps or other forms of software. Much of this work focuses on integrating novel products and services into the existing market and addressing issues such as reimbursement, licensing, state law prohibitions, access to and use of data and fraud and abuse compliance.
What do you see on the horizon?
I expect to see continued consolidation in the industry and increased sophistication in approaches to capturing, reporting and using data with respect to increased quality and decreased cost. Our challenge in this industry is anticipating how data will reorganize the care delivery system and remaining flexible to move with the market.
Selective Representative Transactions
- Multi-state hospital system in its ongoing review and implementation of multiple novel technologies and delivery systems (including the use of apps, telehealth services, middleware and home visits) aimed at improving service delivery direct to consumers, addressing reimbursement, licensing, privacy, IP, risk management and other legal issues
- 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 startup 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
Jill is a frequent lecturer for 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 100 presentations, including the following:
- “Regulatory Basics for Healthcare and Biotech Entrepreneurs,” LA BioStart Legal Basics Program, Los Angeles, CA, July 14, 2017
- “The Modern IP Lawyer: A Boot Camp for Success in 2017,” Nixon Peabody CLE Seminar, Chicago, IL, June 8, 2017
- “Episode Payment Model Master Class,” webinar with ECG, April 17, 2017
- “Legal Issues for Digital Health Companies,” Cedars-Sinai Medical Center Healthcare Accelerator, Los Angeles, CA, February 16, 2017
- “Legal and Contractual Best Practices for Episodic Care,” CJR Bootcamp, Miami, FL, September 26, 2016
- “Digital Health Access Initiative,” University of Southern California 10th Annual Global Body Computing Conference, Los Angeles, CA, September 23, 2016
- “Bundled Payments for Total Joint Replacement: Early Indications from the First 90 Days,” webinar with BDO, June 30, 2016
- “Regulatory Pitfalls of Physician Transactions,” Providence Health & Services, Renton, WA, June 28, 2016
- “Navigating the Contracting and Legal Intricacies of Episode-Based Payment Programs,” 2nd Annual Bundled Payment Implementation Forum, Orlando, FL, January 25, 2016
- “Technology in Consumer-Facing Health Care,” Nixon Peabody 11th Annual California MCLE Super Seminar, Los Angeles, CA, January 21, 2016
- “Models for Provider Risk Arrangements,” Southern California State of Reform Health Policy Conference, Los Angeles, CA, November 6, 2015
- “Case Study Approach: Successful Implementation of Complex Gainshare Models,” The National Bundled Payment Summit, Washington, DC, June 3, 2015
- “The Next Generation ACOs — New Regulations” and “ACA Implementation and Challenges for California Health Plans in Creating an Affordable and Accessible System for Consumers,” California Society for Healthcare Attorneys 2015 Annual Meeting & Spring Seminar, Huntington Beach, April 17, 2015
- “Navigating Contracting and Legal Intricacies for Episode-Based Payment Programs,” Bundled Payment Implementation Forum, Coral Gables, January 12, 2015
- “Bundled Payment Gainsharing and Legal Implications,” The Camden Group, October 30, 2014.
- “Big Data Privacy and Health,” USC Body Computing Conference, Los Angeles, October 3, 2014
- “Telemedicine & The New Care Delivery Landscape: Opportunities in Deploying Disruptive Technology,” MDS Healthcare Leadership and Executive Conference, Las Vegas, September 15, 2014
- “Health Care Reform and Providers — Legal and Policy Issues,” Guest Lecturer, University of California Los Angeles School of Law, Health Law and Policy, April 22, 2014
- “The Next Generation of Bundled Payments,” Webinar, American Health Lawyers Association, April 14, 2014
- “Pay for Performance — Current Legal Issues,” California Society for Healthcare Attorneys, Lake Tahoe, April 12, 2014
Jill has been quoted in or published more than 50 articles, including:
- Featured in an article by Bonnie Marcus, “Here's How To Be A Positive Role Model For Your Daughter,” Forbes, July 31, 2017
- “It's Time for Health Care Entities to Heed the Ransomware Warning,” American Health Lawyers Association, June 2017 (Co-author)
- “Firm makes courting diversity full-time focus,” Los Angeles Business Journal, November 14, 2016 (Quoted)
- “Rainmaker Q&A: Nixon Peabody’s Jill Gordon,’ Law 360, October 3, 2016
- “Can't I Just ‘Uber’ My Doctor?” Medical Home News, October 1, 2015. (Co-author with Daniel Eliav) Click here to read the full article.
- “Trends to watch for in health care and delivery system transformation,” American Health Lawyers Association, June 1, 2015
- “Legal Issues in Designing Bundled Payments and Shared Savings Arrangements in the Commercial Payor Context,” Robert Wood Johnson Foundation, September 4, 2013 (Co-author with The Camden Group and Pacific Business Group on Health)
- “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