Introduction
Laurie Cohen represents healthcare clients in corporate, transactional and regulatory matters and provides counsel on a wide range of healthcare operational and compliance matters.
My focus
My practice is largely focused on assisting and advising healthcare clients including hospitals, medical groups, digital health entities, nursing homes, ambulance services, independent practice associations/provider networks and individual providers on day-to-day operational issues covering governance matters, medical staff issues, licensing and certification, managed care contracting, value-based contracting, physician recruitment and employment, billing, vendor contracting, privacy and other healthcare compliance matters.
In addition, I routinely counsel hospital clients on ways to collaborate or contract with physicians and other providers so that such arrangements are compliant with physician self-referral (Stark Law) and anti-kickback statutes and other fraud and abuse laws as well as tax-exempt rules. This includes drafting and negotiating joint venture agreements, medical director agreements, exclusive service contracts, on-call agreements and other professional services agreements.
I regularly provide guidance to healthcare clients on HIPAA privacy and security laws and regulations and related state laws and draft privacy and security policies and business associate agreements for both covered entities and business associates. I also provide counsel with respect to HIPAA breach analysis, reporting, response and mitigation activities.
I also work with a number of healthcare associations providing educational programming and other assistance on legal and regulatory changes impacting their members.
Looking ahead
The continued implementation of federal health reform as well as state level reform efforts will provide opportunities and challenges for many clients. Outcome and/or performance based payment coupled with growing demands in regulatory compliance are among the factors driving the consolidation of healthcare providers. Collaboration and better coordination among providers is expected as is more accountability for patient outcomes. Providers who are willing to change and adapt will be the ones most likely to survive as federal and state reforms proceed.
/Insights
- “Introduction to SIP-PL’s,” Interagency Council of Development Disabilities Agencies, Inc.’s Managed Care Training Series, March 27, 2019 (co-presenter)
- “IPA Opportunities for County Nursing Homes,” 2015 Winter Conference of County Nursing Home Administrators, February 10, 2015
- “Countdown to New York’s Electronic Prescribing Mandate,” NY Chapter of American College of Physicians Scientific Meeting, February 6, 2015
- “Healthcare System Transformation and Consolidation and Physician/Hospital Alignment,” SaxBST’s Healthcare Seminar, November 5, 2014
- “NYS Non-Profit Revitalization Act to The Healthcare Financial Management Association of Northeastern New York (“HFMA”),” The Edison Club, March 20, 2014
- “Nonprofit Health: Moving forward in the era of managed care,” Nixon Peabody LLP, Jericho, New York, March 13, 2014
- “Managed Care and Mandatory Enrollment in Managed Long Term Care,” Winter Conference of County Nursing Home Administrators, February 11, 2014
- “An ERM Approach to Pay for Performance and Patient Satisfaction,” Beth Israel Medical Center- Association of Healthcare Risk Management of NY, December 13, 2013
- “Transitioning to Practice, Top 10 Things a Resident Should Know Before Signing a Contract,” University of Rochester School of Medicine—NY Chapter of American College of Physicians Resident and Medical Student Forum, November 9, 2013
- “HHS Proposes Modifications to HIPAA Privacy Rule Aimed at Increasing Patient Access and Enhancing Data Sharing for Care Coordination,” American Health Law Association briefing, December 22, 2020 (Co-author)
- “DSRIP: NY Medicaid Program’s Transition to Value Based Payment Agreements” (with Michael Taubin and JoAnna Nicholson), NYSBA Health Law Journal, Summer/Fall 2016, Vol. 21, No. 2
- “Billing and Reimbursement Issues for the Physician Office,” “Closure and Sale of a Medical Practice,” “Physician Profiling” and “Committee for Physicians’ Health and Physicians Impairment,” Legal Manual for New York Physicians, 2014 ed., NYSBA publication. (Co-author)
- “Avoiding Pitfalls in Hospital and Physician Contracting,” The Advisory Board Company’s General Counsel Agenda, June 2013. (Author)
In the news
- American Health Law Association
OCR releases proposed modifications to HIPAA Privacy Rule to provide increased privacy protections for reproductive healthcare information
April 25, 2023This article discusses the recent notice of rulemaking issued by the US Department of Health and Human Services to modify the Standards for Privacy of Individually Identifiable Health Information, or Privacy Rule, under HIPAA. The article was cowritten by partners Laurie Cohen of Albany and Valerie Montague of Chicago, counsel Jéna Grady of New York City, and associates Meredith LaMaster of Chicago and Julia Cassidy of New York City, all of the Healthcare practice.
- Buffalo Law Journal
Health records law moves slowly
Albany Health Care partner Laurie Cohen is quoted in this article discussing how state and federal guidance are encouraging patients to be more engaged with their health records, and outlining instances in which minors can withhold health information from their parents.July 9, 2018 - NYSBA Health Law Journal
DSRIP: NY Medicaid Program’s Transition to Value Based Payment Arrangements
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.Sep 1, 2016 - Law360
The Risk of Data Misuse by Health Care Co. Employees
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.May 25, 2016 - Law360
NY Launches E-Prescribing in Attempt to Curb Opioid Abuse
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.March 28, 2016 - Health Data Management
OCR now focusing on business associate agreements
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.March 22, 2016 - Law360
Will NY Expand the Scope of Providers' Duty of Care?
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.May 19, 2015 - Journal of the American College of Radiology
Are Employers Responsible for an Employee's Unauthorized Review of a Patient's Confidential Health Information?
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.May 1, 2015 - Law360
7 Issues to Watch in 'Doc Fix' Aftermath
Albany Health Care partner Laurie Cohen is quoted in this article on Congress’ newly minted “doc fix” changing the Medicare reimbursement formula for physicians.April 15, 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 - Crain's New York Business
ACO Rules Allow For-Profit Medicine?
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.Oct 22, 2014 - Crain's New York Business
NYS Revises Certificate-of-Need Rules
Albany Health Care partner Laurie Cohen is quoted in this column discussing the New York State ACO regulations.Oct 21, 2014
Admitted to practice
New York
Vermont
Education
Albany Law School, J.D.
Trinity College, B.A.
Professional activities
Laurie is a member of the New York State Bar Association, Health Law Section, and the American Health Lawyers Association.
Recognition
- Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2025 in the field of Health Care Law; listed in Best Lawyers since 2024
- Recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business 2023 for Healthcare (New York); also recognized in 2023
Insights And Happenings
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View AllLindsay Maleson
Partner / Practice Group Leader, Healthcare- Long Island
- Office:+1 516.832.7627
- lmaleson@nixonpeabody.com
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Jill H. Gordon
Partner / Co-chair, Life Sciences Practice- Los Angeles
- Office:+1 213.629.6175
- jgordon@nixonpeabody.com
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