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Kathryn F. Edgerton

(she/her/hers)

Member

[email protected]

+1.424.259.4030

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Kathryn advises hospitals and other health-related organizations on a broad range of transactional, regulatory, and strategic issues. Kathryn's clients include physician organizations, long-term and behavioral health providers, telemedicine providers, home health providers, and medical spas.

Known for providing practical, business-focused guidance, Kathryn counsels clients on operational and transactional matters. She advises national organizations and start-ups on strategic, business, and regulatory issues related to launches of innovative telemedicine models.

With a focus on addiction treatment and behavioral health, Kathryn has counseled over 100 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 care facilities successfully counter denial of non-renewal of licensure, certification, and accreditation by government agencies.

Kathryn's health care transactional experience includes assisting with the formation of corporations, LLCs, and nonprofits. She has also prepared a broad range of governance documents related to ongoing business operations, as well as 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), California unfair competition law, and other health care regulatory matters.

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.

Kathryn advises hospitals and other health-related organizations on a broad range of transactional, regulatory, and strategic issues. Kathryn's clients include physician organizations, long-term and behavioral health providers, telemedicine providers, home health providers, and medical spas.

Known for providing practical, business-focused guidance, Kathryn counsels clients on operational and transactional matters. She advises national organizations and start-ups on strategic, business, and regulatory issues related to launches of innovative telemedicine models.

Experience

  • Advised a laboratory on compliance with the Eliminating Kickbacks in Recovery Act of 2018 (EKRA), including developing a novel compensation model 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 a telehealth company on regulatory and operational matters related to providing telemedicine services in multiple states.
  • 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.
  • 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.
  • Represented health care providers in an insurance company investigation.
  • Settled hostile work environment and retaliation claims and a potential False Claims Act case brought by a whistleblower against an addiction treatment facility.
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viewpoints

Mintz Health Law: What We Are Grateful For

January 11, 2023 | Podcast | By Bridgette Keller

Bridgette Keller speaks with the Mintz Health Law team about what they are grateful for as they look back on a year of client service, mentorship, and working together as a team.
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As illustrated by a recent Office for Civil Rights (OCR) settlement with a dental practice, health care entities continue to struggle with how to respond to negative online reviews while maintaining compliance with the HIPAA Privacy Rule. Given the significant reputational harm that negative reviews on Yelp and other social media and public platforms (Platforms) can create, providers may be tempted to respond to such negative comments with patient specifics in an attempt to mitigate harm to their businesses.
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Is Your Website Collecting PHI Under OCR's New Tracking Technologies Bulletin?

December 7, 2022 | Blog | By Dianne Bourque, Lara Compton, Kathryn Edgerton, Cassandra Paolillo, Kate Stewart

Covered Entities and Business Associates should promptly and carefully review their use of online tracking technologies on their websites and mobile apps following a bulletin (Bulletin) published by the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) last week.  The Bulletin addresses multiple facets of compliance with HIPAA when using online third-party tracking technologies (Tracking Technologies).  In doing so, OCR significantly expands its interpretation of the definition of Protected Health Information (PHI) to include, in some instances, identifiable information gathered by Tracking Technologies where a user visits a website and does not interact with the entity in any other way. In its Bulletin, OCR interprets the act of an individual visiting a website as evidence of a relationship or anticipated future relationship between the visitor and the entity.
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This post provides insights and recommendations surrounding the DOJ's charges against 10 defendants involved in business email compromise schemes.
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As of the close of the 2021-22 legislative session, Governor Gavin Newsom signed into law health care related legislation tackling issues from management of health care costs to reproductive rights. In Part I of our legislative update, we summarize many of the laws relevant to licensed health care professionals.
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The health omnibus trailer SB-184, which created the Office of Health Care Affordability (OHCA), is set to usher in a significant change in California’s health care regulatory landscape. In this post, we provide a preliminary review of the material changes that are set to begin in 2024.
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News & Press

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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

Speaker
Oct
27
2022
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Kathryn advises hospitals and other health-related organizations on a broad range of transactional, regulatory, and strategic issues. Kathryn's clients include physician organizations, long-term and behavioral health providers, telemedicine providers, home health providers, and medical spas.

Known for providing practical, business-focused guidance, Kathryn counsels clients on operational and transactional matters. She advises national organizations and start-ups on strategic, business, and regulatory issues related to launches of innovative telemedicine models.

Recognition & Awards

  • Best Lawyers in America: Ones to Watch – Health Care (2021)    
  • Thompson Reuters: Southern California Rising Stars in Health Care (2015 – 2022)
  • Los Angeles Business Journal: Top Women Attorneys (2020)
  • Included on the California Rising Stars: Health Care list (2015 - 2022)
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Kathryn advises hospitals and other health-related organizations on a broad range of transactional, regulatory, and strategic issues. Kathryn's clients include physician organizations, long-term and behavioral health providers, telemedicine providers, home health providers, and medical spas.

Known for providing practical, business-focused guidance, Kathryn counsels clients on operational and transactional matters. She advises national organizations and start-ups on strategic, business, and regulatory issues related to launches of innovative telemedicine models.

Involvement

  • Recruiting and Diversity Co-Chair,Health Law Committee, Business Law Section, California Lawyers Association (2022 –present)
  • Advisory Committee Member, West Coast Consortium for Technology and Innovation in Pediatrics
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Kathryn F. Edgerton

(she/her/hers)

Member

Los Angeles