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Rachel Irving Pitts

Associate

[email protected]

+1.617.348.4454

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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

Viewpoints

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The Federal Communications Commission (FCC) released a Public Notice announcing that the application filing window for Round 2 of its COVID-19 Telehealth Program will run for seven days starting April 29, 2021. The application portal will open at noon ET on Thursday, April 29, and close one week later at noon ET on Thursday, May 6. Round 2 of the FCC's COVID-19 Telehealth Program will make an additional almost $250 million available to fund telehealth and connected care services provided by eligible providers during the ongoing COVID-19 pandemic.
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FCC to Award Additional $249+ Million in Funding for COVID-19 Telehealth Program

April 6, 2021 | Blog | By Angela Kung, Rachel Irving Pitts

On March 29, 2021, the Federal Communications Commission (“FCC” or “Commission”) adopted an Order establishing rules and procedures for Round 2 of the COVID-19 Telehealth Program (the “Program”) to continue supporting telehealth services, which have proved to be so vital during the COVID-19 pandemic. In a News Release accompanying the Order, FCC Acting Chairwoman Jessica Rosenworcel highlighted that “[t]his past year has proven, without a doubt, that telehealth technology is critical to helping address inequities in access to health care services” and that Round 2 of this program will help address these challenges “head on.”
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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

Over the summer, we wrote about why health care companies may want to consider buying assets out of bankruptcy, taking advantage of the Bankruptcy Code Section 363 sale process (a "363 Sale”). We are back with our second post, to provide more detail to the process and discuss some pros and cons of 363 Sales.

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.
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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

Although health care may be well positioned to weather an economic downturn as an industry, certain sectors, including ambulatory surgery, vision, dermatology, dental, and other physician practices will bear the brunt of COVID-19 stay-at-home orders and patients delaying non-emergency care. While the onset of COVID-19 has delayed or derailed many transactions, strategic buyers should consider all of the different transaction tools available them to help maximize value and successfully get to closing. For knowledgeable investors and strategic buyers, now is the time to position yourself to acquire valuable health care assets at steep discounts.

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.
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COVID-19 Fraud Alerts and Government Actions

March 24, 2020 | Blog | By Rachel Irving Pitts

In the past couple of days, the Department of Health and Human Services Office of Inspector General (HHS-OIG) and the Department of Justice (DOJ) each issued warnings about fraudulent schemes relating to COVID-19. While we are all taking precautions to stay safe and #flattenthecurve -- with many under orders to shelter in place -- scammers are preying on fears and insecurities and hawking test kits and vaccines for the virus. These scams are reminders to trust our medical professionals and access them when we feel sick and to think twice when something sounds too good to be true. 
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Practice Hero Artificial-Intelligence Mintz

Artificial Intelligence in Health Care

February 5, 2020 | Blog | By Rachel Irving Pitts

Artificial Intelligence is a growing part of our day-to-day life. And AI promises to improve our health care system. ML Strategies Vice President Christian Tomatsu Fjeld recently sat down with other experts for a panel discussion hosted by the San Francisco Business Times to discuss AI and some business and policy considerations across multiple industries. This viewpoint considers some of the impacts on health care specifically, and links out to the panel's discussion.
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Mintz/ML Strategies’ 4th Annual Pharmacy & Pharmaceutical Industry Summit has been scheduled for Thursday, May 2, 2019 – mark your calendars! People from across the industry will gather for one day to share insights about issues that the players in this complex marketplace are tackling.
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Massachusetts HPC Health Care Cost Trends Hearing: Key Takeaways

October 24, 2018 | Blog | By Daria Niewenhous, Caitlin Beresin, Rachel Irving Pitts, Cassandra Paolillo

The Massachusetts Health Policy Commission (“HPC”) held its annual Health Care Cost Trends Hearing on October 16-17, 2018. The hearing covered a wide range of topics affecting the health care industry here in the Commonwealth and across the country. Here are some key takeaways and a legislative outlook.
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Join us July 12th - Webinar on Qui Tam Relators

June 26, 2017 | Blog | By Rachel Irving Pitts

Whistleblowers remain a steady source of False Claim Act (FCA) suits against health care and life science companies each year.  Join our upcoming webinar - “Qui Tam Relators: What You Need to Know” on July 12 at 1pm ET.
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Health Care Weekly Preview from ML Strategies - Week of May 22, 2017

May 23, 2017 | Blog | By Rachel Irving Pitts

Our ML Strategies colleagues have published a preview for another big week in health care. The American Health Care Act (AHCA) continues to be a big story as the Senate works on its version. This week we watch for updates on these items and how they might impact AHCA discussions.
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