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Jordan T. Cohen

Associate

[email protected]

+1.212.692.6779

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Jordan provides clients in the health care industry with advice and counsel relating to federal health care law and regulations, including the Stark Law, the Anti-Kickback Law, the Anti-Markup Rule, as well as state health care laws and regulations.

Jordan also counsels clients on compliance with HIPAA’s Privacy Rule and Security Rule, including new requirements under the HITECH Act and 2013 Omnibus Regulations. In this capacity, Jordan has assisted in drafting policies and procedures for HIPAA compliance, business associate agreements, and related documents to help his clients achieve regulatory compliance.

Jordan also has experience in health care transactional matters, including negotiating and drafting operating agreements, purchase agreements, shareholder bylaws, employment agreements, and other ancillary documents on behalf of clients such as ambulatory surgical centers, physician practices, hospitals, and joint ventures.

Prior to joining Mintz, Jordan worked in the health law practice of a law firm in New Jersey. He has also conducted research for the Health Information Privacy Division of the Office for Civil Rights at the U.S. Department of Health and Human Services. Jordan also served as a research assistant to Professor Frank Pasquale. Jordan served as Articles Editor of the Seton Hall Legislative Journal.

Education

  • Seton Hall University (JD, Health care
    concentration)
  • Cornell University (BA, cum laude)

Recognition & Awards

  • ABA-BNA Award for Excellence in Health Law

Involvement

  • Board member, Bloomberg Law Health Care Practice Innovation Board
  • Member, American Bar Association
  • Member, American Health Lawyers Association

Recent Insights

News & Press

Viewpoints

Viewpoint
Federal regulators are flexing their regulatory muscle to accelerate a long-desired but often elusive goal: the interoperability of health information technology (health IT) systems. Interoperability refers to the ability of different health IT systems, including electronic health record (EHR) systems, to meaningfully communicate with one another.
Viewpoint
Over the last few weeks, we published a number of posts examining important developments and trends in 2018 as well as what we expect to see in 2019. Our posts cover a range of topics, including enforcement and litigation, HIPAA and the FDA. In case you missed one, below are links to all of our Year In Review posts.
Viewpoint
In 2018, the volume of False Claims Act (FCA) litigation remained high, and health care-related qui tam (i.e., whistleblower) cases continued to lead the way. Using data compiled in the Mintz Health Care Qui Tam Database (which is described further below), this post analyzes the trends in cases unsealed in 2018. To evaluate long-term trends, we examined the annual Department of Justice (DOJ) compilation of FCA cases. Together these data sets show that health care cases continue to make up a large majority of all whistleblower cases brought under the FCA, and almost two-thirds of those cases were brought by current or former employees, mostly against large pharmaceutical companies, physicians, and hospitals.
Viewpoint

HHS Creates New Cybersecurity Center

November 8, 2018 | Blog | By Jordan Cohen

Last week, HHS unveiled its new Health Security Cybersecurity Coordination Center, known as "HC3."  HC3 will replace the beleaugered Healthcare Cybersecurity and Communications Integration Center (HCCIC) which had lost top officials last fall. The HC3’s role is to work with the sector, including practitioners, organizations, and cybersecurity information sharing organizations to understand the threats it faces, learn the attackers' patterns and trends, and provide information and approaches on how the sector can better defend itself.
Viewpoint
Software developers are racing to develop health care products that leverage artificial intelligence (AI), including machine learning and deep learning. Examples include software that analyzes radiology images and pathology slides to help physicians diagnose disease, electronic health records software that automates routine tasks, and software that analyzes genetic information to support targeted treatment. The one thing that all of these products have in common is a need to interact, in some way, with real world medical data. However, this real world data can be protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as well as a patchwork of federal and state laws and regulations. Below we discuss the contexts in which developers may encounter these laws, as well as strategies to navigate related legal issues.
Viewpoint

OIG Opinion Illustrates the Need for New AKS Safe Harbors

October 17, 2018 | Blog | By Matt Mora, Jordan Cohen

The Department of Health and Human Services Office of the Inspector General (“OIG”) has issued an Advisory Opinion regarding a surgical device and wound care product manufacturer’s proposal to offer its hospital customers who purchase a suite of three joint replacement products a warranty program covering the Product Suite.
Viewpoint

CMS Proposes to Overhaul the Medicare Shared Savings Program

August 23, 2018 | Blog | By Jordan Cohen

On August 9, 2018, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule to overhaul the Medicare Shared Savings Program (MSSP).

These Statistics Keep Health Care Execs Up At Night

July 31, 2018 | Blog | By Jordan Cohen

The first statistic comes from a recently published study by the Ponemon Institute, with sponsorship from IBM Security, entitled “2018 Cost of a Data Breach Study: Global Overview.”

HIPAA, Security Vulnerabilities and Patching

July 3, 2018 | Blog | By Jordan Cohen

In its most recent Cybersecurity Newsletter, OCR focuses on the intersection of HIPAA and information security.  To be sure, HIPAA requires covered entities and business associates to address their organizations’ information security.

HIPAA Tips from the Trenches

June 14, 2018 | Blog | By Jordan Cohen

Earlier this week, I moderated a panel discussion at an event hosted by the New York chapter of the Health Information and Management Systems Society (HIMSS). The panel was comprised of private sector health information technology and security experts and was tasked with discussing challenges related to the interoperability and security of health information systems.

News & Press

This feature story notes that for the second consecutive year, the U.S. Department of Justice has lagged behind in False Claims Act (FCA) litigation recoveries. The piece goes on to address what this performance means for the DOJ’s FCA efforts in the future. Mintz’s Jordan Cohen is among the industry sources providing commentary.
Larry Freedman and Jordan Cohen, both health care attorneys at Mintz, authored an article that was the third part of four in a series on health care enforcement trends in 2017. The series was published by Law360.
This is the third installment of a four-part series recapping key government policies, regulations and enforcement actions from 2016 and discussing their potential impacts on 2017.
Jordan Cohen, a Health Law Associate in Mintz’s New York office, is quoted in this Medical Economics article covering the importance of conducting security risk assessments to all healthcare practices, regardless of size.
Jordan Cohen, a Health Law Associate in Mintz’s New York office, authored this Health Law & Policy article providing an overview of the FDA's preliminary guidance for the manufacturing of medical devices with a 3D printer.

Events

Panelist
Sep
14
2018

NELC's Population Health & Value Management Symposium

Population Health/Value Management Financing Strategies

Portsmouth Harbor Events and Conference Center- Portsmouth, New Hampshire

Speaker