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Kathryn F. Edgerton

(she/her/hers)

Member

[email protected]

+1.424.259.4030

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Known for providing practical, business-focused guidance, Kathryn counsels clients on regulatory, operational, strategic, and transactional matters. Kathryn's clients include behavioral health care providers, fertility providers, hospitals, laboratories, physician organizations, telehealth providers, home health providers, medical spas, and other health-related organizations.

With a focus on behavioral health and addiction treatment , Kathryn has counseled hundreds of behavioral health and addiction treatment providers on day-to-day operations. She has successfully obtained licensure, certification, and accreditation on behalf of clients, including addiction treatment facilities, group homes, adult residential facilities, congregate living facilities, and home health agencies regulated by California's Department of Health Care Services, Department of Social Services, and Department of Public Health. In addition, she regularly helps behavioral health care facilities successfully counter denial of non-renewal of licensure, certification, and accreditation by government agencies. 

Kathryn's health care transactional experience includes serving as health care regulatory counsel to private equity firms and other investors in mergers and acquisitions. In addition, Kathryn’s transaction experience includes preparing a broad range of governance documents related to ongoing business operations, shareholder agreements, stock restriction agreements, documents related to financing and mergers, and employee and contractor agreements.

In addition, Kathryn counsels clients on the Eliminating Kickbacks in Recovery Act of 2018 (EKRA), the federal Anti-Kickback Statute, the physician self-referral and payments law (Stark Law), and California unfair competition law, among others. Kathryn applies her deep healthcare regulatory knowledge when representing clients in state and federal government investigations.

As a Certified Information Privacy Professional (CIPP-US), Kathryn's work includes advising clients on the nuances of HIPAA, HITECH, and state privacy and security laws and regulations, including 42 CFR Part 2, the FTC Act, CMIA, and California breach notification laws. She has also worked closely with clients to evaluate potential breaches and draft data privacy and security policies and procedures, notice of privacy practices, and terms of use policies.

Prior to joining Mintz, Kathryn was counsel at a US business and litigation firm. In law school, Kathryn served as the general editor of the Cornell International Law Journal and a judicial extern to the Honorable Erithe A. Smith of the United States Bankruptcy Court for the Central District of California.

Known for providing practical, business-focused guidance, Kathryn counsels clients on regulatory, operational, strategic, and transactional matters. Kathryn's clients include behavioral health care providers, fertility providers, hospitals, laboratories, physician organizations, telehealth providers, home health providers, medical spas, and other health-related organizations.

Experience

  • Member of the team serving as health care regulatory counsel to TPG Capital’s The Rise Fund in its investment in Banyan Treatment Centers, LLC, a nationwide provider of substance use disorder and mental health services.
  • Represented a California-based addiction treatment provider in a Federal Trade Commission (FTC) investigation related to alleged unfair and deceptive advertising practices.
  • Advised laboratories on compliance with the Eliminating Kickbacks in Recovery Act of 2018 (EKRA), including developing novel compensation models for marketing and business development employees.
  • Worked closely with a telehealth company’s leadership and physicians to address regulatory issues associated with implementing a new digital health platform.
  • Advised one of the nation's top health care services providers on interconnected HIPAA, CMIA, and CCPA/CPRA issues and drafted related internal and external policies.
  • Served as regulatory counsel for the then-largest hospital bankruptcy in US history. The matter involved corporate and regulatory counsel on the organization’s ongoing operations and extensive regulatory work related to the sale of six hospitals. Also advised the organization on the California attorney general’s conditions and approval process.
  • Worked closely with a behavioral health care provider on the formation of a management service organization and professional corporation structure to comply with California’s ban on the corporate practice of medicine (CPOM).
  • Advised an acute psychiatric hospital on compliance with the Emergency Medical Treatment and Labor Act (EMTALA) and drafted related internal policies.
  • Advised a physician practice on compliance with advertising laws and regulations.
  • Advised infertility-focused California professional corporation on its national expansion strategy, which included building a national network of professional counselors using a proprietary method for assessing prospective egg donors, surrogates, and intended parents. 
  • Advised national telehealth company on the merger and consolidation of its various state professional corporations to streamline its operations.
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viewpoints

California Attorney General Rob Bonta (AG) and Assembly Speaker pro Tempore Jim Wood recently introduced legislation (AB-3129) that would authorize the AG to review private equity group and hedge fund health care transactions. The proposed legislation’s stated intention is to address price increases and lower quality of and decreased accessibility to services associated with private equity acquisitions of certain health care entities, including physician practices. This article provides an overview of the proposed bill, an analysis of the key issues raised by the proposed legislation, and suggestions for next steps for those potentially affected by the proposal. 

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California’s health omnibus trailer bill SB-184 and the final cost and market impact review (CMIR) regulations (CMIR Regulations), which went into effect on December 18, 2023, have ushered in a significant change in California’s health care regulatory landscape with the creation of the Office of Health Care Affordability (OHCA). On January 2, 2024, OHCA began accepting notices of covered transactions through its notice of material change transaction submission portal.

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New Mexico recently became the latest state to receive Centers for Medicare & Medicaid Services (CMS) approval to expand the state’s behavioral health service offerings through mobile crisis intervention teams. Under its new state plan amendment, among other items, New Mexico will make available mobile (i.e., outside of a hospital or other facility setting) crisis and mobile response and stabilization services for individuals at the location in which they are experiencing a crisis, 24 hours a day, 7 days a week, 365 days per year. Mobile crisis services include stabilization of the person in crisis, prevention of further deterioration, and provision of immediate treatment and intervention but may also include telephonic follow-up interventions, such as additional intervention and de-escalation services and coordination with other supports and community partners, for up to 72 hours after the initial mobile response. New Mexico also will offer children’s mobile response and stabilization services (MRSS), which are mobile crisis services but specific to child, youth, and families and include up to 56 days of stabilization services.

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With the goal of enhancing health care quality and outcomes for individuals with moderate to severe behavioral health conditions and substance use disorders (SUD), the Centers for Medicare & Medicaid Services (CMS) recently announced it will launch the state-based, voluntary Innovation in Behavioral Health (IBH) Model in fall of 2024.

CMS will circulate a Notice of Funding Opportunity (NOFO) in spring of 2024 and select up to eight states to participate in the IBH Model, which is expected to last for eight years. Selected states will align with their respective state Medicaid agencies (SMAs) on clinical policies for integrated care and work with Medicaid Managed Care Organizations (MCOs) or other partners for model development and implementation. 

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As the Mintz Health Law team welcomes the beginning of 2024, many of its members take a moment to reflect on the exciting growth of the Health Law Practice, opportunities to partner with clients on complex legal issues, and the celebration of numerous milestones.

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On January 11, 2024, the Office of Civil Rights (OCR) issued its highly anticipated Final Rule regarding conscience protections. The Final Rule clarifies the religious beliefs and moral convictions protections practitioners and entities may assert in their health care practices. The Final Rule, entitled Safeguarding the Rights of Conscience as Protected by Federal Statutes, becomes effective March 11, 2024. 

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California’s new Office of Health Care Affordability (OHCA) is set to start pre-closing regulatory review of certain health care transactions on January 1, 2024. As further explained in our previous post, subject to certain exceptions, a broad range of health care entities (collectively, Health Care Entities) soon will be subject to potential pre-closing transaction review.

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California’s new Office of Health Care Affordability (OHCA) is set to begin advance regulatory review of certain health care transactions beginning January 1, 2024. As further explained in our previous post, subject to certain exceptions, a broad range of health care entities (collectively, Health Care Entities) will soon be subject to potential prospective transaction review. OHCA initially published proposed regulations for the new transaction review process in early August (for more details, see our prior post and podcast).  As further discussed in our previous post, these proposed regulations were revised in October and made available on the OHCA website, with a comment period that ended on October 17, 2023. In response to October’s public comments, OHCA has further revised the proposed regulations (Revised Regulations), which are available here. This time however, OHCA has also provided notice of proposed emergency regulatory action, indicating that this version of the regulations will be submitted to the California Office of Administrative Law (OAL) for approval. Once submitted, the public will have five days to provide comments to the OAL. If the OAL approves the regulations, it will file them with the California Secretary of State and the regulations will become effective as emergency regulations for five years as of the filing date. During this period, OHCA will proceed with regular rulemaking action addressing prospective health care transaction review.

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Governor Newsom signed 890 bills and vetoed 156 bills in 2023. Every year, California passes multiple laws that impact health care practitioners and health facilities and, as further described below, 2023 is no exception. From physician assistant supervision to nursing facility informed consent requirements, these laws will present various new compliance considerations for health care practitioners and health facilities as soon as January 1, 2024.

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Governor Gavin Newsom recently signed multiple bills into law as part of California’s ongoing efforts to safeguard access to reproductive and gender affirming health care. The new laws are intended to increase protections for health care providers and patients, increase health care provider availability, and improve patient privacy. In a recent press release, California Legislative Women’s Caucus Vice Chair Assemblymember Cecilia Aguiar-Curry noted: “Last year, we enacted 14 bills and budget funding to expand and protect reproductive rights and services in our state. This year, we build on that momentum with legislation that ensures California remains a national leader in the fight for reproductive justice.”

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News & Press

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Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.

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LOS ANGELES – Mintz Members Lara Compton and Kathryn Edgerton have been named to the Los Angeles Business Journal’s 2023 Women of Influence: Attorneys list. This selective honor recognizes less than 100 women in the Los Angeles region.

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We're thrilled to announce the addition of 17 new Members to Mintz. Along with seven attorneys recently elevated to membership in the firm, we’ve welcomed ten lateral Members in 2022. They add depth to our experience and capabilities in life sciences, health care, financial services, private equity, sports & entertainment, technology, and other sectors.

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Mintz has appointed Members Gregory Fine and Matthew T. Simpson to co-lead the Private Equity practice alongside current chair, Kurt Steinkrauss. The change is effective immediately.

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Law360 wrote about the arrival of Health Law specialist Kathryn Edgerton to Mintz in Los Angeles. The article highlighted Kathryn's focus on acting for clients in addiction treatment and behavioral sciences, as well as for hospitals on a range of transactional, regulatory, and strategic issues.

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Health Law specialist, Kathryn Edgerton, has joined Mintz as a Member in the firm’s Los Angeles office. She brings with her a wealth of experience acting for hospitals and other health-related organizations on a broad range of transactional, regulatory, and strategic issues.

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Events & Speaking

Panelist
May
4
2024

Yes, These Regulations Apply to You: California’s New Pre-Transaction Market Impact Review Processes

CSHA 2024 Annual Meeting and Spring Seminar - Pre-Transaction Review Process

Olympic Valley, CA

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Speaker
Apr
15
2024

Health Care Transactions Conference

American Health Law Association

Nashville, TN

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Moderator
Oct
10
2023
May
10
2023

Tracking Technologies and Health Information: A Prescription to Avoid Enforcement Action Headaches

Association of Corporate Counsel 2023 Life Sciences Conference

Online Event

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Speaker
May
3
2023

Telemental Health

American Telehealth Association Special Interest Group

Online Event

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Speaker
Apr
4
2023

Tracking Technologies in Health Care

Women Business Leaders of the U.S. Health Care Industry Foundation

Online Event

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Speaker
Oct
27
2022
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Known for providing practical, business-focused guidance, Kathryn counsels clients on regulatory, operational, strategic, and transactional matters. Kathryn's clients include behavioral health care providers, fertility providers, hospitals, laboratories, physician organizations, telehealth providers, home health providers, medical spas, and other health-related organizations.

Recognition & Awards

  • Los Angeles Business Journal, Women’s Leadership Awards (Nominee, 2024)

  • Best Lawyers in America: Health Care (2024)

  • Los Angeles Business Journal Leaders of Influence: Thriving in Their 40s (2024)

  • Los Angeles Times B2B - Inspirational Women Forum and Leadership Awards (Nominee, 2023)

  • Los Angeles Business Journal: Trusted Advisor of the Year: Health Care (Finalist, 2023)

  • Los Angeles Business Journal: Women of Influence: Attorneys (2023)

  • Los Angeles Business Journal: Women of Influence: Health Care (2023)

  • Thompson Reuters: Southern California Rising Stars (2015 – 2022)

  • Best Lawyers in America: Ones to Watch – Health Care (2021)

  • Los Angeles Business Journal: Top Women Attorneys (2020)

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Known for providing practical, business-focused guidance, Kathryn counsels clients on regulatory, operational, strategic, and transactional matters. Kathryn's clients include behavioral health care providers, fertility providers, hospitals, laboratories, physician organizations, telehealth providers, home health providers, medical spas, and other health-related organizations.

Involvement

  • 50/50 Women on Boards Los Angeles, Leadership Committee
  • Health Law Committee, Business Law Section, California Lawyers Association, Programming Chair
  • West Coast Consortium for Technology and Innovation in Pediatrics, Advisory Committee Member
  • Women Business Leaders of the US Health Care Industry Foundation (WBL), Member
  • Food From the Bar Program, Los Angeles Regional Food Bank, Participant
  • Alliance for Children’s Rights, Pro Bono Counsel for Adoptions
  • DC Veterans Consortium Pro Bono Virtual Clinic, Volunteer
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