Jennifer L. Rathburn

Health Care Experience

Jen has a wide range of experience handling health care issues for companies, including advising clients with:

General Health Care Counsel

  • Regulatory compliance issues and program development
  • Health care fraud and abuse issues
  • Transactional advice and provider and vendor contracts
  • Provider and health plan licensing and certification requirements
  • Medicare, Medicaid, and third-party payor reimbursement issues
  • Joint Commission Accreditation Standards
  • Medical staff issues
  • Issues pertaining to informed consent for treatment

Health Information Privacy & Security/Technology

  • Advises clients in the areas of federal privacy and security laws, including HIPAA, FERPA, GINA, and the Confidentiality of Alcohol and Drug Abuse Treatment Records (42 CFR Part 2), as well as state law governing the confidentiality of medical records.
  • Counsels clients on handling privacy and security investigations and assists clients through the security breach notification process.
  • Provides guidance on privacy and security issues faced by clients as they implement interoperable electronic medical record systems and other technology involving health information.
  • Advises clients on obtaining incentives for certifying, adopting, and implementing electronic health records and meeting meaningful use requirements.
  • Provides guidance and assists in the development and implementation of health information exchanges and data warehouses for associations, multispecialty physician groups, integrated delivery systems, and other clients.
  • Drafts and negotiates agreements regarding disclosures of health data for benchmarking, research, treatment, health care operations, and public health purposes.
  • Counsels clients on how employer-focused laws (OSHA, DOT, workers’ compensation, etc.) affect the maintenance of occupational health records and negotiates occupational health contracts.
  • Advises and negotiates agreements with and on behalf of health plans, disease management companies, TPAs, wellness companies, and employers on the privacy and security issues affecting the use and disclosure of health plan enrollee and employer health data.
  • Advises clients on the privacy and security issues associated with websites that gather, use, and disclose health information and drafts Website Privacy Policies and Terms of Use that address the interplay between health care and website privacy requirements.