Jaya F. White, Partner

Biography

Jaya White represents a wide range of health care clients—primarily in the long-term care industry—in regulatory and transactional matters. She also has ample experience advising pharmacy and physician clients in the growing area of infusion therapy.

Jaya represents buyers, sellers, and investors in the sale or purchase of long-term care providers, including skilled nursing facilities, assisted living facilities, continuing care retirement communities, and home health and hospice providers. She advises long-term care clients on regulatory licensure and registration issues related to transactions and changes of ownership (CHOWs), including drafting and submitting required governmental notices and applications. Jaya also advises clients regarding fraud and abuse, and privacy issues including the Stark Law, Anti-Kickback Statute, the Health Insurance Portability and Accountability Act (HIPAA), and state privacy law considerations. Within her infusion practice, Jaya advises clients in operationalizing home infusion and infusion suite business models, analyzing licensure requirements and conducting licensure gap analyses, and seeking waivers of applicable regulations.

She is the Chicago office chair of the firm's Health Law Practice Group and co-chair of the Long-Term Care Team.

Jaya's representative experience includes:

Long Term Care

  • Counsels long-term care facilities, home health agencies (HHAs), and other health care providers on fraud and abuse issues, the Stark Law, Anti-Kickback regulations, Medicare Conditions of Participation (CoPs), HIPAA, Office of Inspector General (OIG) exclusion authority, and other compliance matters, including the drafting of compliance program manuals and policies 
  • Advises assisted living and skilled nursing facility clients on regulatory compliance, including the drafting and review of admission agreements, medical director agreements, and various facility policies and procedures 
  • Provides guidance to long-term care facilities to address regulatory changes as a result of the COVID-19 pandemic, including advising clients on waivers of applicable regulations, reporting obligations, visitation and testing requirements, transfer and discharge guidance, and best practices
  • Drafts and negotiates various agreements related to mergers and acquisitions of health care providers, including the health care-related aspects of purchase and sale agreements, marketing and consulting agreements, confidentiality and non-disclosure agreements, service agreements, transfer agreements, HIPAA business associate agreements, and other health care related agreements

Pharmacy and Infusion

  • Assists pharmacy and wholesale distributor clients in developing regulatory compliance strategies, including review and analysis of laws and regulations in all 50 states, on licensing issues, and in such areas as remote prescription processing, shared services, and automation
  • Assists health care providers in analyzing business arrangements for HIPAA and state law privacy and security compliance
  • Advises pharmacy clients to operationalize home infusion and infusion suite business models, including analyzing the state pharmacy laws and regulations related to the delivery and storage of medications and evaluating the models from a fraud, waste and abuse perspective, as well as requesting waivers of pharmacy regulations in states with restrictive regulations
  • Conducts licensure gap analyses as part of the acquisition and integration of home infusion pharmacy practices, including analyzing and implementing any contractual requirements for such arrangements under applicable law
  • Evaluates pharmacy and infusion business models from a payment and reimbursement perspective, including the post-COVID relaxation and waiver of certain rules related to telehealth and remote supervision under Medicare Part B, and compliance with Medicare CoPs for Medicare-certified providers
  • Analyzes complex business models including the arrangements between pharmaceutical manufacturers, third party hub service providers, and pharmacies from a HIPAA and state pharmacy law perspective

Legal Services

Education and Honors

  • Ohio State University–Moritz College of Law (J.D., 2006)
    • Ohio State Law Journal, associate editor, 2005–2006; staff member, 2004–2005
  • The Ohio State University (B.S., magna cum laude, 2002)
    • Major: Business Administration
    • University Honors Program

Bar Admissions

  • Illinois

Court Admissions

  • U.S. Court of Appeals, 7th Circuit, 2014
  • U.S. District Court, Northern District of Illinois, 2007

Professional and Civic Activities

  • Leadership Council on Legal Diversity, fellow, 2017
  • American Society for Pharmacy Law, member
  • American Health Law Association, member
  • Illinois Association of Healthcare Attorneys, member
  • Illinois Health Care Association, member
  • Chicago Bar Association, member
  • American Bar Association–Health Law Section, member