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Stephen M. Weiner

Member / Founding Chair, Health Law Practice

[email protected]

+1.617.348.1757

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Steve has an outstanding reputation in the arena of health care strategic affiliations, mergers, and acquisitions. He has led initiatives involving mergers of nonprofit providers, including community hospitals and academic center-based systems; acquisitions of nonprofits by for-profit companies, including private equity firms; joint ventures and partnerships among for-profit and nonprofit entities; and strategic realignments within academic medical systems among medical schools, academic medical centers and faculty practice plans. Steve has also facilitated the introduction of new and less costly care delivery alternatives, including the integration of retail clinics into pharmacy providers.  He has worked on Massachusetts health care reform, helped form the regulatory structure for Dubai Healthcare City, and undertaken several medical travel initiatives. Steve also serves as board chair for a major national charitable patient assistance foundation.

Steve is the founding chair of Mintz’s Health Law Practice. He has over 30 years of experience in the health care field as a policy maker, educator, and attorney. He represents health care services providers and new technology companies in a broad array of legal matters, including strategic positioning; payer strategies; clinical integration initiatives; mergers, acquisitions, strategic affiliations, “demergers,” and joint venture arrangements, including arrangements between tax-exempt and for-profit organizations; and navigating complex regulatory requirements.

In Massachusetts, Steve has been very active in matters relating to the development and implementation of the Commonwealth’s signature health care reform program and in implementing the initiative to create a statewide interoperable electronic health record system, using both state and federal stimulus legislation funds.

Steve also represents health care providers in developing, monitoring, and restructuring relationships between hospitals and physicians; regulatory and reimbursement matters, including licensure, certification and determination (certificate) of need proceedings, managed care contracting, Medicare reimbursement and appeals, and Medicaid and uncompensated care pool reimbursement; fraud and abuse and Stark Law counseling; general contracting; and, for academic medical centers specifically, clinical research, conflict of interest, relationships with affiliated medical schools, and relationships with federally qualified community health centers.

He also works extensively with the US Department of Defense on matters relating to TRICARE and the operations of the US Family Health Plan program. Since its inception, Steve has served as pro bono legal counsel to the Schwartz Center for Compassionate Healthcare, a foundation promoting compassionate care and more effective communications between patients and caregivers.

He has also participated in a number of international health care activities, including structuring the health care regulatory system for the Dubai Healthcare City, where he then served for almost ten years as a member of the licensing board, and representing a number of organizations engaged in the medical travel industry.  He is a member of the Healthcare and Life Sciences Committee of the International Bar Association (IBA), where he has most recently served as Committee co-chair.  In his capacity as a Committee officer he has organized and/or moderated panels at annual meetings of the IBA on topics that have ranged from comparative international strategies related to regulating drug pricing to public health issues associated with drug-resistant microbes.

Steve has been an Associate Professor of Law at Boston University School of Law; a visiting lecturer teaching a course on health care restructuring at the Yale Law School; and for many years an adjunct faculty member at Suffolk University School of Law.

Education

  • Yale University (JD)

Experience

  • Represented a private equity firm in the acquisition of six diocesan hospitals.
  • Represented a community nonprofit acute care hospital and a nonprofit long-term care acute hospital in their acquisitions by a for-profit health care system.
  • Represented a nonprofit community hospital in its merger with a major academic medical center-based system.
  • Represented a major secular nonprofit community hospital in its full asset merger with a Catholic hospital, creating a unique structure that allowed the campus of the Catholic hospital to retain its Catholicity.
  • Led the formation of a new health care system consisting of a major academic medical center and a major community hospital.
  • Leads efforts by a leading national medical school and its university to rationalize its relationship with both its teaching hospital and its associated faculty practice plan.
  • Led efforts in forming an academic research organization the members of which included a major national medical school and two of its key academic medical center affiliates.
  • Represented a leading provider of pharmacy services in forging a relationship with, and ultimately acquiring, a major retail clinic company. 
  • Represented Harvard Medical International, then a subsidiary of Harvard Medical School, in devising the regulatory framework for quality of care licensure in Dubai Healthcare City.
  • Represents a network of six health care systems in providing a fully at risk managed care product for uniformed services beneficiaries, including periodically negotiating contracts and capitation rates with the US Department of Defense. 
  • Represents a nonprofit entity providing products and services under an FDA enforcement discretion policy in devising a complex set of contractual arrangements with a for-profit entity to assure the nonprofit a revenue stream sufficient to support its ongoing charitable mission.
  • Represented a major for-profit national radiation oncology company in entering into joint ventures with academic medical centers and nonprofit physician practices.
  • Represents a major regional hospital cooperative (a “501(e)” organization) in devising strategic initiatives that allow for its expansion consistent with its tax status.

Recognition & Awards

  • Best Lawyers Lawyer of the Year for Health Care Law in Boston (2011)
  • Massachusetts Super Lawyers: Health Care list (2004 – 2015)
  • Chambers USA: Massachusetts (Band 1) – Healthcare (2005 – present)
  • Best Lawyers in America: Health Care Law (1991 – present)
  • Recognized by the The Legal 500 United States for Healthcare: Service Providers (2015)
  • Good Guy Award, Massachusetts Women’s Political Caucus (2011)
  • Nightingale’s Healthcare News Outstanding Hospital Lawyers (2009)
  • Massachusetts Medical Law Report Rx for Excellence Leaders in Quality Award (2008)
  • Martindale-Hubbell AV Preeminent
  • Who’s Who in America

Involvement

  • Senior Vice-Chair of the Healthcare and Life Sciences Committee, International Bar Association
  • Chair of the Board, The HealthWell Foundation
  • Member of the Advisory Committee to the Brown University Executive Masters in Healthcare Leadership program
  • Chair of the Board, American Lyric Theatre
  • Trustee, Chair of the Governance and Audit Committee, Jacob's Pillow Dance
  • Former Chair, Massachusetts Rate Setting Commission
  • Former Special assistant to the Governor of Massachusetts for health policy
  • Former Director, Boston University School of Law Center for Law and Health Sciences
  • Former Director, Massachusetts Health Council
  • Former Trustee, Beth Israel Hospital, Boston
  • Former Trustee, Spaulding Rehabilitation Hospital
  • Former Trustee, Conservatory Lab Charter School Foundation
  • Former Director, AIDS Action Committee of Massachusetts
  • Former Director, Massachusetts Chapter of the Healthcare Financial Management Association
  • Former Trustee, Opera Boston
  • Former Trustee, Huntington Theatre Company, Boston
  • Former Trustee and Treasurer, Boston Ballet
  • Former Member, House of Delegates of Easter Seals Massachusetts

Viewpoints

On September 16, 2014, the Centers for Medicare & Medicaid Services (CMS) announced key shared savings and losses results of Accountable Care Organizations (ACOs) that began participating in the Medicare Shared Savings Program (MSSP) or the Pioneer ACO Program (PACO) in 2012 and 2013.

SGR Reform—Improved Outlook for Congressional Action This Year?

October 24, 2013 | Alert | By Alexander Hecht, Stephen Weiner, Andrew Shin

A bicameral impetus to reform the SGR, and a coalescence around legislative principles, has been a rare bipartisan development in an otherwise divided Congress this year.

Government Shutdown Aftermath: CMS Under Pressure to Finalize Medicare Payment Rules

October 18, 2013 | Alert | By Andrew Shin, Alexander Hecht

Because of the prolonged government shutdown, the Centers for Medicare & Medicaid Services (CMS) may encounter delays in promulgating final payment rules that would otherwise be effective January 1, 2014.

Effect of a Government Shutdown on Medicare, Medicaid, and Other ACA-Related Operations

September 25, 2013 | Alert | By Alexander Hecht, Stephen Weiner, Andrew Shin

Funding for Medicare and Medicaid is mandatory, meaning it is not subject to annual appropriations that lapse during a shutdown.

President’s 2014 Budget Proposal for the Department of Health and Human Services (HHS)

April 12, 2013 | Advisory | By Stephen Weiner, Alexander Hecht, Joseph Hammang

The Obama Administration released its proposed Fiscal Year 2014 budget on April 10th. The 244-page document outlines the President’s spending priorities for the coming fiscal year.

Late Action to Avert “Fiscal Cliff” Includes Several Health Policy Changes

January 4, 2013 | Blog | By Daria Niewenhous, Stephen Weiner, Alexander Hecht

As was widely expected over the month of December, the Obama Administration and Congress scrambled in the late hours of 2012 and on New Year’s Day devising a legislative package to prevent the United States from going over the “Fiscal Cliff,” a series of across-the-board tax increases and spending cuts that would have automatically implemented without intervening legislative action.

Late Action to Avert “Fiscal Cliff” Includes Several Health Policy Changes

January 3, 2013 | Alert | By Stephen Weiner, Alexander Hecht, James Sasso, Kevin Kappel

As was widely expected over the month of December, the Obama Administration and Congress scrambled in the late hours of 2012 and on New Year’s Day devising a legislative package to prevent the United States from going over the “Fiscal Cliff,” a series of across-the-board tax increases and spending cuts that would have automatically implemented without intervening legislative action.

News & Press

Mintz partner and Massachusetts lawyer Julie Korostoff is one of 49 attorneys recognized as “Leaders in Their Fields” by the 2018 Chambers USA: America's Leading Lawyers for Business guide. Chambers named Korostoff a “Recognized Practitioner” in Technology.
Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
Member Steve Weiner authored a chapter in the Handbook of Health Decision Science that discusses the disparity between the ideal conditions backing clinical decision-making and the reality of clinical decision-making in the US.
Best Lawyers named 73 Mintz attorneys to its 2017 list of The Best Lawyers in America. Mintz attorneys selected for inclusion in this year’s list span 44 practice areas. 
Firm’s National Healthcare Practice, NY Corporate/M&A and Litigation: General Commercial Among Newest Rankings
The 2015 Chambers USA: America's Leading Lawyers for Business guide names 52 Mintz, Cohn, Ferris, Glovsky and Popeo, P.C.  attorneys as “Leaders in Their Fields.”

Events

Moderator
Oct
7
2018

IBA Annual Conference Rome 2018

International Bar Association

Roma Convention Center La Nuvola, Viale Asia, Rome, Italy

Co-chair
Oct
9
2017
Speaker
Apr
30
2017
Moderator
Moderator
May
2
2016

New England Healthcare Executive Network Meeting

NE Healthcare Executive Network

Boston, MA

Panelist
Dec
2
2015

Medical Tourism: Legal Issues and Ethical Implications

Boston Bar Association Health Law Education Committee

Boston, MA

Moderator
Oct
8
2015

Having a Family: A Human Right

International Bar Association (IBA) Annual Conference

Austria Center Vienna, Vienna, Austria

Panelist
Jan
22
2015