Rachel represents companies that operate and invest throughout the health care industry. Her practice focuses on transactional and regulatory matters, including mergers and acquisitions, provider and service contracting, and regulatory compliance counseling. Her clients include private and publicly traded companies, non-profits, entrepreneurs and investment companies. She helps clients navigate the evolving maze of federal and state laws and regulations to create compliant relationships and business structures, so they can focus their energy where it matters – improving health care for their clients and patients.
Rachel frequently serves as the lead attorney on transactions, advising on strategy and structure, drafting and negotiating agreements, and overseeing due diligence review. Rachel is particularly skilled at understanding complex business issues and devising compromise solutions by finding common ground among parties in a transaction, when diverging viewpoints may otherwise create a stalemate. She has worked with hospital systems, dialysis, long-term care, and retail providers, individual providers and practice groups, management companies, independent practice associations, and third-party administrators and payors.
In her pro bono practice, Rachel provides counseling and advice to the Schwartz Center for Compassionate Healthcare, a foundation promoting compassionate care and more effective communications between patients and caregivers. She has also counseled economically disadvantaged entrepreneurs through formation considerations and start-up, advocated for a tenant in housing court, and successfully won her client’s appeal to receive his Social Security Disability Insurance benefits.
Prior to joining Mintz, Rachel was a law clerk for the Illinois Attorney General and worked for the Massachusetts Medical Society in its Membership and Legal Departments.
Education
- Boston University School of Law (JD)
- University of Illinois - Urbana-Champaign (BS)
Involvement
- Member, Massachusetts Bar Association
- Member, Boston Bar Association
- Member, American Health Lawyers Association
- Executive Board, Boston University Law Young Alumni Council
- Vice Chair, BHCHP Emerging Leaders Board
- Member, 2011 – 2012 Women’s Leadership Program, Greater Boston Chamber of Commerce
Recent Insights
Viewpoints
363 Sales as a Health Care M&A Tool, Part 2 – Pros and Cons for Buyers and Sellers
September 11, 2020 |Blog
363 Sales as a Health Care M&A Tool, Part 1 – Overview
July 28, 2020 |Blog
COVID-19 Fraud Alerts and Government Actions
March 24, 2020 |Blog
Viewpoints
363 Sales as a Health Care M&A Tool, Part 2 – Pros and Cons for Buyers and Sellers
September 11, 2020 | Blog | By Deborah Daccord, William Kannel, Rachel Irving Pitts, David Chorney, Tim McKeon
As a refresher, a 363 Sale couples a flexible and fast process with ample liability protection for willing buyers. The primary benefit of a 363 Sale is that a buyer can acquire the debtor’s assets free and clear of virtually all liens, claims, and interests burdening the assets and the debtor. And when Section 363 is coupled with the “assumption and assignment” provisions of Section 365 of the Bankruptcy Code, a debtor is able to assign most contracts or leases that a buyer may wish to purchase, including contracts with ironclad anti-assignment language, provided that certain conditions are satisfied. When a target is experiencing severe financial distress, the benefit of acquiring assets “free and clear” is extraordinarily valuable.
363 Sales as a Health Care M&A Tool, Part 1 – Overview
July 28, 2020 | Blog | By Deborah Daccord, William Kannel, Rachel Irving Pitts, Tim McKeon, David Chorney
For those unfamiliar with 363 Sales, a 363 Sale couples a flexible and fast process with ample liability protection for willing buyers. The primary benefit to a 363 Sale is that a buyer can acquire the debtor’s assets free and clear of virtually all liens, claims and encumbrances burdening the assets and the debtor. When a target is experiencing severe financial distress, the benefit of acquiring assets “free and clear of all liens” is extraordinarily valuable.
COVID-19 Fraud Alerts and Government Actions
March 24, 2020 | Blog | By Rachel Irving Pitts
Artificial Intelligence in Health Care
February 5, 2020 | Blog | By Rachel Irving Pitts
Aaron Josephson Weighs in on Debate over FDA Data Falsification Rule with FDA Week
August 23, 2019 | Blog | By Rachel Irving Pitts
Save the Date! Mintz Pharmacy & Pharmaceutical Industry Summit on May 2, 2019
February 8, 2019 | Blog | By Rachel Irving Pitts
