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Health Care



As health care access, delivery and reimbursement experience massive transformation, our business-focused health lawyers partner with clients to secure a competitive advantage and clear the path to future success.

Stay connected to legal developments in a broad array of health care law topics and events by signing up for our Health Law Alert.

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Our Approach

The health care industry is in a state of constant reinvention and transformation.

These changes, spurred in part by health reform, create an extremely complex landscape that presents as many opportunities as it does challenges.

Our cross-disciplinary team tracks the trends that impact delivery, cost, access and quality of health care. We use our working industry knowledge and insight to help clients manage and implement the changes to their businesses that help them thrive in this rapidly evolving industry.

We bring our firmwide collective knowledge to create success with clients who are shaping the future of health care.

As an unrivaled leader in an industry facing unparalleled challenges, we specialize in health care delivery, corporate organization, government programs, emerging payment programs, managed care models and a vast array of other cutting edge issues.

We work with

  • Hospitals and health systems
  • Academic medical centers and community hospitals
  • Physician/hospital organizations and independent physician groups
  • Accountable care organizations
  • Federally Qualified Health Centers
  • Clinics and freestanding ambulatory surgery facilities
  • Long-term care and home health agencies
  • Nursing homes and assisted-living facilities
  • Private Equity Firms
  • Biotech, medical device and pharmaceutical companies
  • Digital health companies
  • Hospices
  • Psychiatric facilities
  • Rehabilitation facilities
  • DME suppliers

Rankings & Honors

  • U.S. News/Best Lawyers has named Nixon Peabody “Law Firm of the Year” in Health Care Law in 2016
  • Ranked nationally in U.S. News/Best Lawyers “Best Law Firms” in Health Care Law and received metropolitan rankings in Health Care Law in Albany, Boston, Chicago, Los Angeles, New York City and Rhode Island
  • Ranked in Illinois, Massachusetts and New York for Healthcare in Chambers USA: America’s Leading Lawyers for Business
  • Ranked nationally by Modern Healthcare—Largest Healthcare Law Firm
  • Recognized lawyers by Best Lawyers in America in the field of Health Care law
  • Recognized lawyers by Super Lawyers in the area of Health Care law
  • Recognized by the American Bar Association’s Health Law Section in its Annual Regional Law Firm Recognition Program

The Mentor

Long Island Business News | May 26, 2017

Long Island health care associate JoAnna Nicholson is featured in this Q&A about her career, work-life balance and women in law.

Sneaky pitfalls that can turn your FSA plan into a compliance nightmare

HR Morning | May 12, 2017

This article is about Rochester labor and employment partner Kate Saracene’s presentation on company FSA plans at the Mid-Sized Retirement & Healthcare Plan Management Conference in Phoenix, Arizona.

Top women in law honored

Long Island Business News | April 26, 2017

Long Island health care associate JoAnna Nicholson is mentioned in this article for being named one of Hofstra Law School’s “Outstanding Women in Law” award recipients.

This time, insurance payout is $50 million

New Hampshire Union Leader | April 16, 2017

Manchester litigation department leader Scott O’Connell is quoted throughout this article about developments in an ongoing case involving the New Hampshire Medical Malpractice Joint Underwriting Association.

Letter: State risks federal funds

Valley News | April 04, 2017

Scott O’Connell, leader of the firm’s Litigation Department, is quoted in this article about potential budget repercussions from New Hampshire’s failure to create a dedicated fund for hospital reimbursements.

Heres to the winners

Innovate Long Island | March 22, 2017

Long Island health care partner Allan Cohen appeared in this article focused on the 2017 Innovator of the Year Awards.

HIPAA spotlight: key stats from a banner year

Law360 | January 17, 2017

This article recaps HIPAA stats and highlights from the past year. Chicago health care partner Valerie Montague is quoted throughout discussing privacy breaches and how health care organizations react.

Forecast: Law and Government

Long Island Business News | January 11, 2017

Long Island office managing partner Allan Cohen provides an outlook on industries such as life sciences and biotechnology which have been areas of recent growth for Long Island.

Illinois hospitals warily watching politics court rulings in 2017

Chicago Tribune | December 27, 2016

This story previews what health care industry changes we may see in 2017.  Chicago partner and health care practice chair Lynn Gordon provides third-party commentary regarding the issues hospital systems face and the impact of potential changes to Obamacare in a Trump administration.

Thomas H. Lee invests in Professional Physical Therapy

The Deal | December 20, 2016

This article is about private equity firm Thomas H. Lee Partners LP ‘s recent investment in Professional Physical Therapy, a provider of physical therapy and rehabilitation services. Long Island health care partner Michele Masucci and associate JoAnna Nicholson are noted as representing Professional Physical Therapy.

Ones to watch

Long Island Business News | November 07, 2016

Long Island Health Care group partner Michael Taubin’s new role as health care practice leader is highlighted in this story.

Providers face uphill climb after 2016 election, experts say

McKnight's Long-Term Care News | November 01, 2016

This article focuses on the outcome of the U.S. election may affect long-term care providers. Chicago health care partner John Durso is quoted in this piece discussing how doctors and hospitals are focused on accountable care organizations to reduce per capita costs.

Rainmaker Q&A: Nixon Peabody's Jill Gordon

Law360 | October 03, 2016

Los Angeles health care partner Jill Gordon is featured in this series of Q&As with legal industry leaders.

Bayou Shores: A Reminder That Successful Restructurings Require Advice of Experienced Health Care Counsel

Journal of Bankruptcy Law | October 01, 2016

New York City financial restructuring and bankruptcy partner Robert Christmas authored this column that discusses the importance of proper planning for health care entities to navigate the legal “shoals” of Bayou Shores and similar cases to arrive at a successful restructuring.

Who's News

Crain’s New York Business Health Pulse | September 02, 2016

This news brief notes that Michael Taubin has been named health care practice group leader.

DSRIP: NY Medicaid Program’s Transition to Value Based Payment Arrangements

NYSBA Health Law Journal | September 01, 2016

A team of health care attorneys including partners Laurie Cohen and Michael Taubin and associate JoAnna Nicholson authored this column discussing the Delivery System Reform Incentive Payment (DSRIP) program and its efforts to transform the New York Medicaid system.

Career Tracker: Lawyers on the move

Reuters Legal | July 20, 2016

This coverage notes that Los Angeles health care partner Jill Gordon has been elected to the firm’s management committee, and that M&A and corporate transactions partner Tom Gaynor has been tapped as the San Francisco office managing partner.

Ask the Legal Expert about...

McKnight's Long Term Care News | July 01, 2016

Chicago health care partner John Durso addresses what points should be considered when a facility starts contracting talks with an accountable care organization or other group arrangement.

Ask the Legal Expert about...

McKnight's Long Term Care News | June 01, 2016

Chicago health care partner John Durso answers questions about if organizations can factor in a credit report check on a potential director of nursing into the hiring process.

Beware of Tougher Breach Standards for Mental Health-Related PHI

Health Information Compliance Alert | June 01, 2016

Long Island health care associate Kristen Marotta is quoted in this piece on increasing tough standards related to sensitive health information.

The Risk of Data Misuse by Health Care Co. Employees

Law360 | May 25, 2016

Government Investigations & White Collar Defense partner Tina Sciocchetti, health care partner Laurie Cohen and commercial litigation associate Michal Ovadia co-authored this column discussing the risks companies that collect or maintain sensitive personal information face when a rogue employee compromises data security.

Wearable Fitness Tracking Devices

Product Liability Law & Strategy | May 01, 2016

This second installment of a two-part column authored by New York City partners Chris Mason and Kristin Jamberdino discusses litigation centered upon fitness trackers and other personal monitoring devices.

Ask the Legal Expert about...

McKnight's Long Term Care News | May 01, 2016

Chicago health care partner John Durso addresses questions facilities should keep in mind when dealing with a transitioning employee.

6 Ways to Be a Go-To Firm for HIPAA Compliance

Law360 | April 29, 2016

Chicago health care partner Valerie Breslin Montague is included in this piece that looks at how attorneys are dealing with increasing Health Insurance Portability and Accountability Act (HIPAA) penalties and audits.

Driverless Cars Pave the Way for Real Estate Development

Law360 | April 07, 2016

Los Angeles partners Justin Thompson, Rudy Salo and associate Daniel Eliav co-authored this piece discussing the potential impact driverless technology could have on real estate development as well as infrastructure financing.

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.

Wearable Fitness Tracking Devices: The Resolution of Claims

Product Liability Law & Strategy | April 01, 2016

The first installment of a two-part column authored by New York City partners Chris Mason and Kristin Jamberdino deals with the timely issue of resolving claims centered upon fitness trackers and other personal monitoring devices.

Ask the Legal Expert about...

McKnight's Long Term Care News | April 01, 2016

Chicago health care partner John Durso discusses issues surrounding competitors using similar marketing slogans and copying other sales ideas.

NY Launches E-Prescribing in Attempt to Curb Opioid Abuse

Law360 | March 28, 2016

Albany health care partner Laurie Cohen is quoted in this article discussing a New York law that went into effect on March 27 requiring physicians to issue prescriptions electronically in an attempt to crack down on opioid addiction.

OCR now focusing on business associate agreements

Health Data Management | March 22, 2016

Albany health care partner Laurie Cohen and Chicago health care partner Valerie Breslin Montague are quoted throughout this feature article discussing the HHS Office for Civil Rights’ increased efforts sanctioning healthcare covered entities with corrective action plans and financial fines for major violations of the HIPAA privacy and security rules.

Northwell Ventures turns employee ideas into products

Newsday | March 12, 2016

Partner and leader of the health care practice Michele Masucci is quoted in this article discussing health care systems’ efforts to grow revenue by tapping employee innovation. Michele provides third-party commentary on the positive impact that venture capital financing can have for health care systems offering them an ownership stake in these new technologies.

Preparing for HIPAA Compliance Audits: An Interview with Valerie Breslin Montague

Fertility Bridge | March 09, 2016

Chicago Health Care partner Valerie Breslin Montague is featured in this Q&A discussing Health Insurance Portability and Accountability Act (HIPAA) as it relates to digital media.

Stark Realities Continue

Quick Read | March 09, 2016

Chicago Health Care partner Lynn Gordon authored this article on Stark law governing physician referrals and payments for those practices.

Interview with…

Life After Loyola | February 01, 2016

In this podcast series, Chicago Health Care associate April Schweitzer, a graduate of Loyola University Chicago School of Law, discusses her practice and advice for law students interested in health law.

The FDA's Priority List For 2016

Law360 | January 29, 2016

Chicago Health Care associates Erica Cribbs, Gretchen Harper and April Schweitzer co-authored this column discussing the Food and Drug Administration’s priorities for the year.

Gov. Christie rejects N.J. hospital tax-exemption bill

Modern Healthcare | January 20, 2016

This article discusses a New Jersey bill mandating not-for-profit hospitals contribute to local municipalities instead of paying property taxes, noting a veto by the New Jersey governor came just one day before the Illinois Department of Revenue confirmed that it has temporarily stopped reviewing hospitals' applications for property tax exemptions. Chicago Health Care partner John Durso provides general commentary on these tax-exemption issues.

Washington Oks last-minute changes to health care rules

Rochester Business Journal | January 04, 2016

Rochester partner and leader of our Health and Welfare Employee Benefits team, Kate Saracene provides commentary in this feature article discussing the potential impact of recent changes to the Affordable Care Act.

Ask the Legal Expert about... theft from resident accounts

McKnight's Long Term Care News | January 01, 2016

Chicago Health Care partner John Durso is quoted in this feature discussing combatting possible theft from residents’ accounts.

Five Questions With…

Providence Business News | December 22, 2015

Health Care partner and chair of the firms' Business & Finance department Steve Zubiago is featured in this profile. Steve addresses the changing health care landscape and working with clients to maximize their opportunities.

Ask the Legal Expert about... EEOC lawsuits

McKnight's Long Term Care News | December 04, 2015

Chicago Health Care partner John Durso discusses how long-term care organizations can deal with discrimination or wrongful termination claims.

Connecticut hospitals move near possible lawsuit over tax

Associated Press | November 30, 2015

This article notes efforts by Connecticut hospitals to fight a tax that the medical centers claim is unconstitutional and is harming hospitals financially. Litigation & Dispute Resolution partner Gordon MacDonald, who is advising the Connecticut Hospital Association, is quoted in the piece.

Firms Feted for Pro Bono Work

New York Law Journal | November 06, 2015

The Lawyers Alliance for New York presented the 2015 Cornerstone Awards for outstanding pro bono legal services provided to nonprofit organizations. Long Island office managing partner Allan Cohen and Long Island real estate associate Ed Puerta were among the those honored.

Ask the Legal Expert about... NLRB rules

McKnight's Long-Term Care News | November 05, 2015

Chicago Health Care partner John Durso discusses potential factors impacting the definition of manager or turn operators into co-employers with staffing agencies.

Nixon Peabody named top health law firm

Innovate Long Island | November 02, 2015

This coverage highlights our health care practice’s U.S. News–Best Lawyers “Law Firm of the Year” recognition. Practice group leader Michele Masucci is quoted. The firm’s national tier 1 rankings are also highlighted.

Can't I Just "Uber" My Doctor?

Medical Home News | October 01, 2015

Los Angeles Health Care partner Jill Gordon and associate Daniel Eliav authored this column discussing the top legal issues for consumer-facing health care technology. Click here to read the full article.

Ask the Legal Expert... about relationships between residents

McKnight's Long Term Care News | September 04, 2015

Chicago Health Care partner John Durso answers this Q&A about issues arising from relationships among long-term care facility residents.

New Security Risks for Providers

Crain's New York Business - Health Pulse | August 20, 2015

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.

8 Ways to Keep HIPAA from Crimping Employees' Labor Rights

Medical Practice Compliance Alert | August 17, 2015

Chicago Health Care partner Valerie Montague discusses tips for employers to follow to avoid being accused of unfair labor practices while trying to keep patient information safe.

Create Guidelines for EHR Access to Avoid HIPAA, Labor Violations

Medical Practice Compliance Alert | August 17, 2015

Chicago Health Care partner Valerie Montague discusses lessons learned from a case involving an ophthalmology practice who terminated an employee due to violations of HIPAA.

4 Lessons from the FDA's Milestone Device-Hacking Alert

Law360 | August 11, 2015

Chicago Health Care partner Valerie Breslin Montague is quoted throughout this article discussing the need for hospitals and health care providers to have security systems in place following the FDA’s declaration to stop using a particular medical device due to cyber security flaws.

Ask the Legal Expert ... about non-competition agreements

McKnight's Long Term Care News | August 05, 2015

Chicago Health Care partner John Durso discusses non-compete clauses in relation to recruiting and retaining nursing staff.

Ask the legal expert...

McKnight's | July 06, 2015

In this Q&A column, Chicago Health Care partner John Durso discusses Medicaid reimbursements.

Attorneys React To Supreme Court's ACA Save

Law360 | June 25, 2015

Rochester Employee Benefits and Labor & Employment partner Kate Saracene provides commentary on the Supreme Court’s highly-anticipated Affordable Care Act (ACA) decision.

With Supreme Court Case Over, ACA's Loose Ends Are New Target

Crain's New York Business: Health Pulse | June 25, 2015

As the Supreme Court winds down its current term, Rochester Employee Benefits and Labor & Employment partner Kate Saracene discusses the Court’s highly-anticipated Affordable Care Act (ACA) decision.

Ask the Legal Expert…About Surveyor Citations

McKnight's Long-Term Care News | June 05, 2015

Chicago Health Care partner John Durso discusses the potential negative impacts surrounding dispute surveyor citations.

Health Pulse: Changes to Docs' Profiles

Crain's New York Business | May 19, 2015

Albany Health Care counsel Barb Asheld is quoted in this article on changes to New York State’s physician profile requirements.

Will NY Expand the Scope of Providers' Duty of Care?

Law360 | May 19, 2015

Albany Health Care partner Laurie Cohen and Albany Commercial Litigation associate Jena Rotheim coauthored this article on whether New York’s state’s highest court is willing to significantly expand the scope of individuals to whom medical providers owe a duty.

Virginia Mason Joins Widow in Suing Devicemaker Over Contaminated Scopes

Modern Healthcare | May 18, 2015

Chicago Health Care partner Lynn Gordon provides third-party commentary on the rarity of a health care provider aligning with a patient in a lawsuit against a device manufacturer.

Are Employers Responsible for an Employee's Unauthorized Review of a Patient's Confidential Health Information?

Journal of the American College of Radiology | May 01, 2015

This contributed column discusses employer liability for employees who improperly access confidential patient information. This piece is authored by Albany Health Care partners Laurie Cohen and Peter Millock, counsel Barbara Asheld and Long Island associate Brooke Lane.

7 Issues to Watch in 'Doc Fix' Aftermath

Law360 | April 15, 2015

Albany Health Care partner Laurie Cohen is quoted in this article on Congress’ newly minted “doc fix” changing the Medicare reimbursement formula for physicians.

J.H. Whitney Acquires Pediatric Services Holding Corporation

The Deal | March 25, 2015

Nixon Peabody is noted among J.H. Whitney Capital Partners’ legal counsel in this article on the private equity firm’s acquisition of Pediatric Services Holding Corp, the parent company of PSA Healthcare.

Someone with Such Strong Character Stays with You

OneJustice Blog | March 25, 2015

Los Angeles Health Care associate Jennifer Cormano is featured in this Q&A discussing NP's pro bono involvement with the DIRECTV legal clinic.

J.H. Whitney Capital Buys PSA Healthcare

peHUB | March 23, 2015

Nixon Peabody is noted among J.H. Whitney Capital Partners’ legal counsel in this article on the private equity firm’s acquisition of Pediatric Services Holding Corp, the parent company of PSA Healthcare.

Ones to Watch: Law

Long Island Business News | March 18, 2015

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.

Providers Seek Answers to Wide-Ranging Legal Concerns

McKnight's Long Term Care News | March 16, 2015

Chicago Madison Health Care partner John Durso is quoted in this article on varying legal concerns facing health care providers discussed at the recent Leading Age PEAK conference, a major event for nonprofit executives in aging services.

Beware of Drive-By Doctoring Fraud

Consumers Digest | March 01, 2015

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.

Surprise-Billing Law Casts Wide Net

Crain's New York Health Pulse | February 02, 2015

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.

The Year in Review: Law Practice

Daily Journal | December 17, 2014

This coverage in California highlights our Health Care and Real Estate practices. Los Angeles Health Care partner Jill Gordon and San Francisco Real Estate Paul Schrier are quoted in this feature story highlighting the hottest areas of law this year and looking ahead to 2015.

Walgreen Case Opens Door for State Law HIPAA Claims

Law360 | November 25, 2014

Providence partner and leader of the firm’s Privacy & Data Protection group Linn Freedman authored this piece discussing new openings for state law claims of Health Insurance Portability and Accountability Act violations against covered entities and business associates.

Dealmakers

Daily Journal | November 20, 2014

Los Angeles Health Care partner Jill Gordon and associate Daniel Eliav and Los Angeles Private Equity & Investment Funds partner Matt Grazier and associate Stephen Reil’s representation of Apollo Medical Holdings is noted in this coverage of Apollo’s launch of a new subsidiary—Apollo Palliative Services, a source for hospice, palliative and home health services.

Health Services Council OKs Transfer of R.I. Home Care Provider to CVS Health Corp.

Providence Journal | October 28, 2014

Providence Health Care partner Steve Zubiago is quoted in this article on the Health Services Council's approval of the sale of infusion drug company Coram LLC, a unit of NP client Apria Healthcare, to CVS Health.

ACO Rules Allow For-Profit Medicine?

Crain's New York Business | October 22, 2014

Partner and Health Care Practice Group leader Michele Masucci and Albany Health Care partner Laurie Cohen are quoted throughout this article discussing the possible impact of New York’s new ACO regulations on the state’s prohibition against the corporate practice of medicine.

NYS Revises Certificate-of-Need Rules

Crain's New York Business | October 21, 2014

Albany Health Care partner Laurie Cohen is quoted in this column discussing the New York State ACO regulations.

Lawmakers Remove Barrier to Medical Tourism

Providence Business News | October 13, 2014

Providence Health Care associate Chris Browning authored this column discussing the Rhode Island Access to Medical Technology Innovation Act.

Healthcare Big Data Debate: Public Good vs. Privacy

InformationWeek | October 06, 2014

Los Angeles Health Care partner Jill Gordon is featured in this article discussing big data’s role in health care. Jill’s comments are from her panel discussion at the 8th annual Body Computing Conference. Click here to read the full article.

Wearable Wellness

HR Executive | October 01, 2014

San Francisco Labor & Employment associate Alexandra Devendra is quoted in this feature story on personal health information confidentiality and HIPAA’s nondiscrimination provision concerning employee use of wearable devices.

Dealmakers Q&A

Law360 | August 13, 2014

Health Care and Life Sciences leader Michele Masucci is profiled in this Law360 Q&A series with dealmaking movers and shakers.

FDA's Biggest New Policies of 2014: Midyear Report

Law360 | July 28, 2014

Washington, DC, Health Care and Life Sciences partner Areta Kupchyk is quoted in this forward-looking feature story on new rules and guidance from the U.S. Food and Drug Administration making waves for drug and device makers.

Contacts

Michael J. Taubin

Partner
Practice Group Leader, Health Care

mtaubin@nixonpeabody.com

Phone: 516-832-7521

  • U.S. News/Best Lawyers has named Nixon Peabody “Law Firm of the Year” in Health Care Law in 2016
  • “Deal of the Year” for Health Care Financing by The Bond Buyer for Presence Health Network 2016 bond offering
  • Ranked nationally in U.S. News/Best Lawyers “Best Law Firms” in Health Care Law and received metropolitan rankings in Health Care Law in Albany, Boston, Chicago, Los Angeles, New York City and Rhode Island
  • Ranked in Illinois, Massachusetts and New York for Healthcare in Chambers USA: America’s Leading Lawyers for Business
  • Ranked nationally by Modern Healthcare—Largest Healthcare Law Firm
  • Recognized lawyers by Best Lawyers in America in the field of Health Care law
  • Recognized lawyers by Super Lawyers in the area of Health Care law
  • Recognized by the American Bar Association’s Health Law Section in its Annual Regional Law Firm Recognition Program
  • Recommended in The Legal 500 United States 2016
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