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Jean D. Krebs

(she/her/hers)

Associate

[email protected]

+1.212.692.6847

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Jean focuses her practice on health care transactional, regulatory, and compliance matters. She represents a variety of clients across the health care industry, including hospitals, physician organizations, health care systems, and long-term and urgent care providers.

Prior to joining Mintz, Jean was an associate at a Long Island, New York-based boutique law firm that serves the health care industry. In this role, she counseled clients on a broad range of health care compliance, litigation, and employment matters. This included defending clients in Medicaid Fraud Control Unit and Department of Labor investigations, assisting on managed care arbitrations and breach of contract disputes, and drafting health care providers’ employee handbooks and policies. Jean also handled the tracking of proposed health care and employment legislation at the federal and state level. She regularly advised clients on how these laws, once enacted, would impact them and provided guidance on how to come into compliance with the law.

While attending Hofstra Law, Jean focused her academic and professional experiences on health law. She held internships with the general counsels of a national pediatric urgent care practice and a major nonprofit health care system in New York. She also held internships with the Health Care Bureau of the New York State Attorney General’s Office, the Hofstra | Northwell Medical-Legal Partnership, and the US District Court for the Eastern District of New York. Jean earned a concentration in Health Law: Institutions & Financing and a certificate in Clinical Bioethics. She received the Excellence in Health Law Award.

In addition to her practice, Jean is a Senior Fellow with the Gitenstein Institute for Health Law and Policy at the Maurice A. Deane School of Law at Hofstra University. She frequently speaks at Hofstra University events focused on building a career in health law and mentors law students interested in pursuing the field.

Education

  • Hofstra University (JD, cum laude)
  • Hofstra University (MPH, with distinction)
  • State University of New York - Binghamton (BA, magna cum laude)

Involvement

  • Member, American Health Law Association
  • Member, New York State Bar Association
  • Member, Nassau County Bar Association

Recent Insights

News & Press

Viewpoints

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On May 11, 2022, New York Governor Kathy Hochul announced the creation of the Department of Financial Services’ Pharmacy Benefits Bureau. Governor Hochul noted that the Pharmacy Benefits Bureau is the first of its kind in the country. The Pharmacy Benefits Bureau will be tasked with implementing and overseeing new licensing and reporting requirements impacting Pharmacy Benefit Managers (PBMs) in New York. This blog post provides an analysis of the intended purpose of the Pharmacy Benefits Bureau and an overview of the new PBM guidance from the Department of Financial Services.
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On April 27, 2022, the Office of Inspector General (OIG) for the Department of Health and Human Services issued Advisory Opinion No. 22-08 (AO 22-08), which addresses an existing arrangement of a federally qualified health center (FQHC) (hereafter, Requestor) that loans limited-use smartphones to enable existing patients’ access to Requestor’s telehealth platform (the Arrangement).  The Arrangement’s purpose is described as increasing access to telehealth services and combating isolation by allowing patients to talk and text with others, including during the COVID-19 public health emergency (PHE).
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Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Health Resources and Services Administration (HRSA) of the Department of Health and Human Services (HHS) is authorized to distribute funds from its Provider Relief Fund (PRF) to certain providers. These providers can then use the funds to support COVID-19 prevention, preparedness, and response, or to alleviate loss of patient care revenue.  However, HRSA requires that providers receiving PRF funds comply with certain requirements, including post-payment reporting requirements.  HRSA is now notifying providers that failed to comply with the reporting requirements that they must return the PRF funds they received. 
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On March 18, 2022, President Biden signed the Dr. Lorna Breen Health Care Provider Protection Act (Act) into law. The Act is named for Dr. Lorna Breen, who served as the Medical Director of New York-Presbyterian Allen Hospital. Dr. Breen died by suicide in April 2020, as the COVID-19 pandemic was taking hold of the nation and, in particular, New York City. Since Dr. Breen’s passing, her family has established the Dr. Lorna Breen Heroes’ Foundation (Heroes’ Foundation). The Heroes' Foundation’s mission is to reduce burnout, safeguard the well-being of health care providers (HCPs), and reduce the stigma surrounding HCPs seeking help or treatment. The Act is a crucial step in achieving this mission.
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New York To Require Licensure of Pharmacy Benefit Managers

February 25, 2022 | Blog | By Cody Keetch, Jean D. Krebs, Nick Torres

In an effort to counteract rising prescription drug costs and health insurance premiums, New York Governor Hochul signed S3762/A1396 (the Act) on December 31, 2021.  This legislation specifies the registration, licensure, and reporting requirements of pharmacy benefit managers (PBMs) operating in New York. The Superintendent of the Department of Financial Services (Superintendent) will oversee the implementation of this legislation and the ongoing registration and licensure of PBMs in New York. Notably, this legislation establishes a duty of accountability and transparency that PBMs owe in the performance of pharmacy benefit management services.
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In this episode of the Health Law Diagnosed podcast, members of the Mintz Health Law team discuss their health law–focused 2022 New Year’s resolutions and how they’re helping clients and colleagues navigate the continued challenges and opportunities of the current era.
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On January 1, 2022, S.B. 763 took effect in Oregon, requiring pharmaceutical sales representatives (“PSR”) to obtain a license prior to marketing or promoting pharmaceutical products to health care providers. Oregon is not the first jurisdiction to enact such a law, but it is one of few jurisdictions in the United States to require licensure or registration of PSRs. This post discusses S.B. 763 and similar laws, regulations, and ordinances that are in effect in Nevada, Illinois, and Washington, D.C. below.
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Throughout 2021, former Governor Andrew Cuomo introduced sweeping legislation to initiate reform in nursing homes licensed under Article 28 of the New York Public Health Law. While many of these laws took effect this past year, some are set to take effect in the New Year and beyond. Below we provide a brief overview of three that are taking effect in January 2022.
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Entirely Virtual Shareholder & Member Meetings Now Permitted in New York

November 23, 2021 | Blog | By Cody Keetch, Jean D. Krebs

On November 8, 2021, Governor Hochul signed legislation to permanently amend the New York Business Corporation Law and New York Not-for-Profit Corporation Law. Under the new law, for profit and not-for-profit corporations are permitted to hold their shareholder or member meetings solely through virtual means, unless such virtual meetings are prohibited by a corporation’s articles of organization or bylaws.
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News & Press

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Mintz Associate Jean Krebs co-authored an article published by Outpatient Surgery Magazine titled "Avoiding Pandemic Predicaments".
Mintz Associate Jean Krebs co-authored an article published by the Journal of Mental Health Policy and Economics titled "Racial Disparities in Payment Source of Opioid Use Disorder Treatment among Non-Incarcerated Justice-Involved Adults in the United States".
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Mintz Associated Jean Krebs authored an article published by Hofstra Law Review titled "Any Man Can Be A Father, But Should A Dead Man Be A Dad?: An Approach To The Formal Legalization Of Posthumous Sperm Retrieval And Posthumous Reproduction In The United States".