Jennifer has delivered practical legal and business advice to healthcare clients in a variety of regulatory and business transactional matters, such as structuring and negotiating acquisitions and divestitures, joint ventures, strategic business partnerships, and contractual relationships involving healthcare entities; drafting and negotiating agreements, such as management services agreements, physician employment and professional services agreements, medical director agreements, co-management agreements, clinical research related agreements, and others; development, formation, and operation of IPAs, CINs, and ACOs; formation, certification, and operation of non-profit health organizations (formerly known as a 5.01(a)'s); conducting fraud and abuse and other compliance reviews and assessments; and providing operational counsel and advice in areas as such anti-kickback and Stark Law compliance, fee splitting, beneficiary inducement laws, antitrust laws, corporate practice of medicine, licensure and change of ownership, Medicare and Medicaid rules and regulations, HIPAA/HITECH, and data privacy and security.
Prior to joining Haynes and Boone, Jennifer managed the implementation of electronic medical record software for hospitals and outpatient clinics, including a large health system with more than 20 specialties. She worked closely with providers and staff to ensure the software supported their workflows and documentation needs.
Jennifer is a member of the Dallas Bar Association, where she serves on the Health Law Section Education Committee. She is also a member of the American Health Lawyers Association and the ABA Health Law Section. Jennifer is Board Certified in Health Law by the Texas Board of Legal Specialization.
- Represented a pediatric cardiology practice with multiple locations in a sale of substantially all of its assets to a large health system.
- Represented Catholic non-profit health system in the acquisition of certain hospitals, an NPHO, and ASCs, and provided regulatory and compliance advice on referral source arrangements, licensure and accreditation, and patient confidentiality practices.
- Represented an investor entity in its acquisition of 13 pediatric clinics from, and its sale of a minority interest to, a health system’s affiliated nonprofit health organization.
- Represented large emergency physician group in structuring, negotiating, and implementation of joint venture with a Texas non-profit health system.
- Represented physicians and an accountable care organization in structuring, negotiation, and implementation of a joint venture with a healthcare services provider for the operation and management of outpatient behavioral health clinics.
- Represented investors and operators in the formation, certification , and operation of non-profit health organizations (formerly known as "5.01(a) organizations").
- Represented investor entity and accountable care organization having over 350 independent physicians in regulatory and operational matters and strategic initiatives, including compliance with applicable MSSP ACO waivers.
- Regularly provide regulatory and compliance advice regarding federal and state healthcare laws and regulations to hospital systems, physician groups, pharmacies, laboratories, and other healthcare entities in connection with diverse operational endeavors and complex transactions.
- Regularly perform comprehensive state and federal healthcare regulatory reviews, analyses, and assessments of various arrangements and transactions for compliance with fraud and abuse and other laws.
- Represented health systems, physician groups, home health and hospice provider, wellness company, revenue cycle management company, and other healthcare providers in investigations of potential breaches and analyses of disclosure obligations under HIPAA and state privacy laws and assisted with disclosures and communications to media, U.S. Department of Health and Human Services, state regulators, and affected individuals.
- Regularly draft and review HIPAA privacy and security policies and procedures, security risk assessments, business associate agreements, and training for covered entities and business associates.
- Regularly advise clients, including healthcare providers and mobile app/telemedicine platforms, on compliance with telemedicine laws, HIPAA/HITECH, data privacy and security matters, and permitted uses and disclosures of health information.
- Represent a variety of sponsors and institutions in their clinical research endeavors in the US and abroad, including drafting and negotiating agreements for the study and developing form agreements, such as clinical trial agreements, NDAs, informed consent forms, letters of indemnity, product development and supply agreements, and agreements with clinical research organizations, and advising on applicable regulations and compliance matters related to the research study, such as fraud and abuse laws, HIPAA and disclosures of subject information, subject recruitment, financial disclosures, and conflicts of interest.
- Represented a national for-profit healthcare system in a joint venture with a large non-profit healthcare system. The joint venture involved the sale, acquisition, and operation of five hospitals in North Texas.
- Included in the "Ones to Watch" category of Best Lawyers in America, Woodward/White, Inc., 2021-2022
- "What to Expect with the Changes to the Stark Law Group Practice Compensation Requirements and Other Compliance Considerations,” presenter, Dallas Bar, November 17, 2021
- "The Caregiver Solution," HealthTech Austin, Aging and Innovation Summit, moderator, October 21, 2021
- “INSIGHT: Maximizing Immunity Under the PREP Act for Covered Countermeasures,” co-author, Bloomberg Law, September 8, 2020.
- “Healthcare M&A Opportunities Demand Special Care,” co-author, Law360, August 29, 2019.
- “The Burden of Medical Records During Bankruptcy,” co-author, Law360, May 2018.
- “The Stark Law and Certain Trending Arrangements: What to Know When Analyzing Lithotripsy, Neuromonitoring, and Pathology Arrangements,” presenter, Dallas Bar, November 15, 2017, and Austin Bar, November 28, 2017.
- “The Impact of HIPAA (and Other Federal Laws) on Wearable Technology,” co-author, SMU Science and Technology Law Review, Winter 2015.
- “OSHA Eyes Health Care Industry With Injury Reporting Rule,” co-author, Law360, July 2016.
- “Physician-Owned Entities Still Under Federal Microscope,” co-author, Law360, December 2013.
J.D., Southern Methodist University Dedman School of Law, valedictorian; summa cum laude; Order of the Coif; SMU Law Review Association, Journal of Air Law & Commerce, Associate Managing Editor
B.A., Duke University, magna cum laude, Phi Beta Kappa
Legal Intern, U.S. Attorney's Office, Eastern District of Texas, July 2011-August 2011
Legal Extern, The Honorable Barbara M.G. Lynn, U.S. District Court for the Northern District of Texas, January 2012-April 2012
Haynes and Boone, LLP is proud to announce the promotion of 13 lawyers to its partnership ranks. This partnership class is the most diverse in the firm’s history. Effective Jan. 1, the new partners are Raquel Alvarenga, Robert Bruner, Jamie Carter, Matt Costello, Tiffany Ferris, Maria Hopper, Mini Kapoor, Jennifer Kreick, Kim Mai, Kinne Manente, Arsalan Muhammad, Courtney Smith, and Alan Wang. [...]