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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

January 1, 2024 is rapidly approaching, which is when California’s new Office of Health Care Affordability (OHCA) is set to begin advance regulatory review of certain health care mergers, acquisitions, affiliations, and other arrangements that result in material changes of assets, control, or governance. The law establishing OHCA left many details regarding the types of transactions that would be subject to review to be established by emergency regulations, which have been proposed and are available here. A public workshop will be held on August 15, 2023 (more information here), allowing for public comment and the written comment period will be open until August 31, 2023. The final emergency rulemaking package is expected to be submitted in October 2023.
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Covered entities, business associates, and any entities that collect health information about consumers online should carefully review the latest joint letter from the Office for Civil Rights (OCR) and the   Federal Trade Commission (FTC). On July 20, 2023, the agencies sent a joint letter to approximately 130 hospital systems and telehealth providers warning them about “serious privacy and security risks related to the use of online tracking technologies” such ad Google Analytics and Meta/Facebook Pixel. That letter was subsequently shared publicly and should be reviewed by any entity subject to regulation by either agency.   
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Covered entities, business associates, and any entities that collect health information about consumers online should carefully review the latest joint letter from the Office for Civil Rights (OCR) and the   Federal Trade Commission (FTC). On July 20, 2023, the agencies sent a joint letter to approximately 130 hospital systems and telehealth providers warning them about “serious privacy and security risks related to the use of online tracking technologies” such ad Google Analytics and Meta/Facebook Pixel. That letter was subsequently shared publicly and should be reviewed by any entity subject to regulation by either agency.   
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My Health, My Data! Washington State Enacts Broad Health Data Privacy Protection Law

May 26, 2023 | Blog | By Lara Compton, Kathryn Edgerton, Adam B. Korn

Washington greatly expanded the protection for consumers’ identifiable health information by enacting the “My Health My Data Act” (MHMDA), in an effort to close the gap between HIPAA protections and the laws protecting the privacy and security of other consumer health care data. While MHMDA resembles the acts in both California and Illinois, it broadly applies to health information outside of traditional health care settings. In this article we answer frequently asked questions about MHMDA’s applicability and requirements.
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My Health, My Data! Washington State Enacts Broad Health Data Privacy Protection Law

May 24, 2023 | Blog | By Lara Compton, Kathryn Edgerton, Adam B. Korn

Washington greatly expanded the protection for consumers’ identifiable health information by enacting the “My Health My Data Act” (MHMDA), in an effort to close the gap between HIPAA protections and the laws protecting the privacy and security of other consumer health care data. While MHMDA resembles the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA) and the Illinois Biometric Information Privacy Act (BIPA), it broadly applies to health information outside of traditional health care settings. Regulated Entities should consider undertaking additional steps that we outline now to prepare for the March 31, 2024, and June 30, 2024 (small businesses) compliance deadlines.
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New California Mental Health and Addiction Treatment Laws

May 4, 2023 | Blog | By Lara Compton, Kathryn Edgerton, Ryan Rasdall

Governor Gavin Newsom signed multiple pieces of mental health treatment-related legislation into law in 2022 that have or will begin to go into effect this year. These laws address mental health commitment timing and hearing rights, involuntary mental health treatment, the CARE program, and substance use disorder treatment client rights. This is a good time for relevant facilities and groups to audit the effectiveness of updated policies and evaluate and address any operational issues that may have cropped up during implementation.
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EnforceMintz Newsletter — Health Care Enforcement Year In Review & 2023 Outlook

February 9, 2023 | Article | By Karen Lovitch, Brian Dunphy, Grady Campion, Kathryn Edgerton, Cory S. Flashner, Samantha Kingsbury, Kevin McGinty

The vast majority of False Claims Act recoveries in fiscal year 2022 came from health care–related cases, and new case filings remained high, despite an ongoing decline in health care FCA case volume. Mintz’s Health Care Enforcement Defense team explores FCA litigation trends using annual DOJ statistics and activity tracked in our database of health care whistleblower cases.
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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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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

  • 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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