Rebecca Simone

My focus

My practice covers various areas of regulatory compliance and transactional work. I work closely with clients on growth strategies, including mergers, acquisitions, and joint ventures at every level, from startups to publicly traded companies, providing counsel on related regulatory issues and structure. I also spend much of my time providing compliance guidance in telehealth, reimbursement, licensing, fraud and abuse, and state healthcare law, which are all continuously evolving, particularly in the post-public health emergency era.

HEALTHCARE TRANSACTIONS

I’ve acted as healthcare regulatory counsel on mergers and acquisitions of both public and private healthcare entities and regularly work on joint ventures and other contractual arrangements, such as employment agreements, professional services agreements, and license/lease arrangements. I work closely with healthcare providers (including hospitals, surgical centers, pharmacies, physician groups, and telehealth practices) and healthcare management companies and investment entities on such transactions and advise clients about underlying licensure, fraud and abuse, corporate practice of medicine, and other regulatory issues. I have extensive expertise in providing guidance on PC/MSO models and working with clients to establish and maintain such models in a compliant manner.

FRAUD AND ABUSE

I regularly counsel our healthcare clients about navigating their practices/businesses within the confines of the federal Anti-Kickback Statute, the federal Stark Law, and state law equivalents. I have obtained advisory opinions from the Department of Health and Human Services Inspector General regarding compliance with the Anti-Kickback Statute. I also work with clients, including those in the digital healthcare and device spaces, responding to inquiries, such as subpoenas and civil investigative demands, from regulatory agencies and assist them with self-disclosures and repayments to relevant regulatory agencies, as needed. I have significant experience with pharmacy/pharmaceutical manufacturer issues and patient assistance programs.

HEALTH INFORMATION PRIVACY/HIPAA

I work with clients who have experienced data breaches or are undergoing HIPAA investigations. I also help clients bring their policies and practices into compliance with HIPAA.

Looking ahead

I expect continued innovation from healthcare technology companies and providers in areas such as artificial intelligence (AI) and telehealth. However, as is often the case in healthcare, technology moves faster than regulation. I am currently counseling several clients on expanding their digital health solutions in a compliant manner. I expect to see increased enforcement activity and government investigations in these areas.

Insights

• “The Future of Telemedicine Prescribing: Risks & Responsibilities,” CTeL Webinar Series, September 30, 2024 (speaker)
• “Healthcare Regulatory Issues,” Redesign Health CEO Conversations Series, Virtual event, August 20, 2024 (speaker)
• “Telemedicine in Mexico & US: Local Analysis and Cross-Border Outlook,” The United States – Mexico Chamber of Commerce Webinar, July 10, 2024 (speaker)
• “Digital Health Compliance & Reimbursement,” CTeL Digital Health Summit, Washington, DC, June 13, 2024 (speaker)
• “The Business of Telehealth: The Biggest Legal Issues You Need to Understand,” ATA Nexus 2024, Phoenix, AZ, May 5, 2024 (speaker)
• “Telemedicine Series Part I: Telehealth Today – Compliance and Reimbursement Considerations,” Webinar, March 12, 2024 (speaker)
• “Nixon Peabody + Align Business Advisory: Healthcare M&A,” Webinar, February 14, 2024 (speaker)
• “Charting the Course in the Evolving Health Coach Landscape: Safeguarding Against Fraud and Upholding Care Standards,” CTeL Digital Health Summit, Washington, DC, December 6, 2023 (speaker)
• “Recent Healthcare Enforcement Actions,” CareAbout Health Compliance Forum, September 11, 2023 (speaker)
• “How to Create a Telemedicine Healthcare Compliance Program,” ATA2023, San Antonio, TX, March 4, 2023 (speaker)
• “Understanding OMIG's New Regulations: Provider Compliance Programs and Self-Disclosure,” Nixon Peabody Webinar, February 16, 2023 (speaker)
• “Key considerations for telehealth providers following the Dobbs decision,” Association of Corporate Counsel, August 25, 2022 (speaker)
• “Building Your Telehealth Strategy,” ATA2022 Annual Conference & Expo, Boston, MA, May 1, 2022 (panelist)
• “Telemedicine Webinar Series Part I: Legal and Regulatory Issues in Telemedicine,” American Health Law Association, Webinar, April 19, 2022 (moderator)
• “Guide to Understanding the No Surprise Act,” CohnReznick/Nixon Peabody LLP, Webinar, December 15, 2021 (presenter)
• “Key Aspects of Social Media Marketing in Health Care,” West LegalEdcenter, Webinar, October 15, 2021 (presenter)
• “Final Stark AKS Rules,” Women in Health Administration of Southern California Webinar, March 16, 2021 (presenter)
• “Real Talk: How the Revised Stark and AKS Rules Will Impact Health Industry Compliance,” American Bar Association, Webinar, January 12, 2021 (presenter)
• “Final Changes to Stark Law and Anti-Kickback Statute Regulations: What Your Organization Needs to Know,” Nixon Peabody LLP, Webinar, January 6, 2021 (presenter)
• “Proposed Changes to Stark Law and Anti-Kickback Statute Regulations – What Your Organization Needs to Know About These and Other New HHS Initiatives,” Health Care Compliance Association (HCCA) Webinar, February 18, 2020. (presenter)
• “Stark Law, AKS, and CMP Law Changes: Expanded AKS Safe Harbors, Narrowing Stark Law—Proposed Stark and AKS Protections to Facilitate Value-Based Arrangements and Care Coordination,” Strafford Webinar, February 4, 2020. (presenter)
• “State Response to Opioid Crisis and Opioid Prescribing Requirements: A 50 State Survey,” AHLA, November 2019 (presenter)
• “Practical Policies to Develop Internal Controls and Minimize Compliance Risk,” PAP 2019 20th Annual Patient Assistance & Access Programs, March 2019 (presenter)
• “OCR seeks public comments on potential HIPAA revisions to encourage care coordination,” Nixon Peabody HIPAA Law Alert, December 14, 2018 (author)
• “Navigate the Differences in Providing Assistance for Government vs. Commercial Patients,” CBI PAP Legal Update, September 2018 (Moderator)
• “Trump signs telemedicine law related to prescribing controlled substances,” Nixon Peabody Health Care Alert, November 7, 2018 (author) 
• “CMS seeks input on the regulatory burden of the Stark law and ideas for possible changes,” Nixon Peabody Health Care Alert, June 25, 2018 (author)
• “OIG releases new final rules related to the Anti-Kickback Statute and Civil Monetary Penalties Law,” Nixon Peabody Health Care Alert, December 15, 2016 (author)
• “What’s trending on NP Privacy Partner,” NP Privacy Partner, July 8, 2016 (featured guest)
• “What’s trending on NP Privacy Partner,” NP Privacy Partner, June 10, 2016 (featured guest)
• “Renewed focus on managed care, program compliance in the OMIG's newly released 2016–17 work plan,” Nixon Peabody Health Care Alert, May 12, 2016 (author)
• “What’s trending on NP Privacy Partner,” NP Privacy Partner, April 8, 2016 (featured author)
• “NYS health commissioner uses discretion to issue blanket waiver to e-prescribing mandate in ‘exceptional circumstances,’” Nixon Peabody Health Care Alert, March 18, 2016 (author)
• “New York State e-prescribing mandate effective March 27, 2016; no further delay is expected,” Nixon Peabody Health Care Alert, March 2, 2016 (author)
• “Physician compensation arrangements on OIG radar,” Nixon Peabody Health Care Alert, June 11, 2015 (author)
• “Internal Investigations: Shining the Spotlight on the Role of the Attorney-Client Privilege,” Health Care Compliance Forum, Nixon Peabody LLP, New York, New York, March 24, 2015 (Moderator)
• “NYS Department of Financial Services (DFS) issues guidance on surprise bills for health care services,” Nixon Peabody Alert, March 24, 2015 (author)
• “New York’s Surprise Medical Bill Law: Three things health care providers need to know before March 31,” Nixon Peabody Alert, January 28, 2015 (author)
• “CMS releases revised 855R Application for Reassignment of Medicare Benefits,” Nixon Peabody Alert, December 2, 2014 (author)
• “Self-Disclosing Medicare and Medicaid Overpayments,” Health Care Compliance Forum, Nixon Peabody LLP, New York, New York, October 7, 2014 (Moderator)
• “NY Surprise Medical Bill Hits Out-Of-Network Providers,” Law360, June 12, 2014 (author)
• “OIG updates guidance on charity patient assistance programs,” Nixon Peabody Alert, June 5, 2014 (author)
• “New York's surprise medical bill law,” Nixon Peabody Alert, June 3, 2014 (author)
• “HHS clarifies health insurance exchanges are not federal health care programs,” Nixon Peabody Alert, November 11, 2013 (author)
• “CMS issues policy memorandum regarding assignment of Medicare provider agreements following CHOW,” Nixon Peabody Alert, October 3, 2013 (author)
• “New York State OMIG reminds providers to implement effective compliance plans,” Nixon Peabody Alert, July 27, 2012 (author)