Photo of Amy M. Joseph

Amy M. Joseph

Associate

Education

University of California at Los Angeles School of Law, J.D., 2011

  • Order of the Coif

Bar Admissions

  • 2011, California
  • 2016, Massachusetts
Profile
Presentations & Speaking Engagements
News
Publications

Ms. Joseph advises a wide variety of health care providers on business and regulatory matters, including for profit and non-profit hospital and health systems, health care information technology companies, management organizations, ambulatory surgery centers, and physician groups.  A significant portion of her practice is focused in the following three areas: (1) mergers, acquisitions, and other strategic affiliations; (2) health information privacy and security; and (3) fraud and abuse, including counseling and advice regarding compliance of potential business structures with federal and state anti-kickback and self-referral laws. She is a member of the firm's Fraud & Abuse Practice Group.

Ms. Joseph serves as one of the original members on the Women’s Leadership Council of the American Health Lawyers Association.  Ms. Joseph also served as a Teaching Associate for the Legal Environment of Health Services Management course at UCLA Fielding School of Public Health, Department of Health Policy and Management in 2015 and 2016.  Ms. Joseph is one of four private practice attorneys nationwide shortlisted for the Chambers 2017 Women in Law Future Leader – Gender Diversity Award. 

Ms. Joseph received her J.D. from UCLA School of Law in 2011, where she graduated first in her class and was elected to the Order of the Coif. While in law school Ms. Joseph spent a semester interning at the Health Care Division of the Federal Trade Commission, Bureau of Competition.  Ms. Joseph was admitted to the California Bar in 2011 and the Massachusetts Bar in 2016.

Representative Matters

Ms. Joseph’s clients have benefited from her depth and breadth of experience in a variety of areas, ranging from serving as lead deal counsel on transactions to compliance counseling and assistance with other legal issues arising from the operations of health care providers, examples of which are provided below. 

Recent Transactions

  • Represented seller in stock acquisition of management and healthcare information technology company
  • Represented buyer in stock acquisition of a network of imaging centers
  • Represented buyer in asset acquisition of a health system
  • Represented non-profit health system in strategic affiliations with other health systems
  • Represented public hospital in affiliation with another public hospital and large university health system
  • Represented medical foundation in specialty physician practice acquisition
  • Represented buyer in stock acquisition of management company to health systems
  • Represented health systems and other entities in various ASC syndications
  • Represented FQHC in joint venture 

Representative Matters - Privacy and Security Compliance

  • Drafted policies and procedures for multiple covered entities and business associates, including physician groups, clinical laboratories, management services organizations, and healthcare IT companies
  • Reviewed policies and procedures for compliance with HIPAA and another applicable federal and state privacy and security laws for hospitals
  • Performed initial assessments and provides assistance with security incident response, including notification to individuals, regulators, and the media, as required
  • Regularly counsel clients on compliance with federal  and state privacy laws, including 42 C.F.R. Part 2 

Representative Matters – Fraud and Abuse

  • Advised individuals and entities regarding applicability of fraud and abuse laws to proposed business arrangements
  • Conducted target review as part of internal audits or investigations, including review of physician contracts and related policies and procedures
  • Counsel and assistance with self-disclosure of non-compliance with fraud and abuse laws

Professional Affiliations

  • American Bar Association Health Law Section, eHealth, Privacy and Security Interest Group, Tax and Accounting Interest Group; Taxation Section, Exempt Organizations Interest Group
  • American Health Lawyers Association, Women's Leadership Council
  • Boston Bar Association
  • Massachusetts Bar Association
  • Women's Bar Association

Presentations & Speaking Engagements

  • The Privacy of a Medical Staff Member's Health Information When Patient Safety and Quality of Care are an Issue, California Association Medical Staff Services (CAMSS) 45th Annual Education Forum & Anniversary (May 19, 2016)
  • Responding to Data Breaches, LACBA Healthcare Law Section, 12th Annual Healthcare Law Compliance Symposium (Oct. 1, 2015)
  • Minor’s Health Information: Navigating the Complex Web of State and Federal Laws, California Alliance of Child & Family Services 2015 Fall Executive Conference (Sept. 8, 2015)
  • HIPAA and Data Breach, In-House MCLE Training presented to Hooper, Lundy & Bookman, PC attorneys (Feb. 19, 2015)
  • New Developments in Breach Reporting, 2015 California Hospital Association Compliance Seminar (Feb. 3 & 10, 2015)
  • Social Media Use by Hospitals, Hospital Council of Northern California & Hospital Council of Southern California Joint Webinar (July 17 & 24, 2013)
  • HITECH Regulation, In-House MCLE Training presented to Hooper, Lundy & Bookman, PC attorneys (Feb. 15, 2013) (co-presenter)

News

Advisories

  • New Security Risk Assessment Tool for Covered Entities and Business Associates (April 1, 2014)
  • IRS Publishes Two Notices Pertaining to Tax-Exempt Hospitals (Jan. 7, 2014) (co-author)
  • A Flurry of Activity from OCR as HITECH Omnibus Rule Compliance Date Approaches (September 23, 2013) (co-author)
  • September 23 Deadline to Comply with the New HITECH Regulations is Fast Approaching (August 14, 2013)
  • Proposed Regulations Released Regarding the Community Health Needs Assessment Requirement for Tax-Exempt Hospitals (Apr. 11, 2013) (co-author)
  • Revising Business Associate Agreements (March 11, 2013) (co-author)
  • HHS Issues Final HITECH Rule (Jan. 23, 2013) (co-author)
  • HITPC Requests Public Comment for Stage 3 Meaningful Use (Dec. 4, 2012)
  • HHS Issues Final Rule on Stage 2 of the Medicare and Medicaid E H R Incentive Programs (September 6, 2012) (co-author)
  • CMS Begins E H R Incentive Program Audits (August 2, 2012)

Health Law Perspectives

Publications

  • Minors Mental Health Information: Navigating the Complex Web of State and Federal Privacy Laws, May 12, 2016
  • Navigating Due Diligence: Sensitive Information and Pitfalls, Business Law News, Issue Number 2 (2015) (co-author) 
  • Navigating Due Diligence in Health Care Transactions: Sensitive Information and Pitfalls, Compliance Today, Health Care Compliance Association (April 2015) (co-author)
  • Applicability of the LPS Act versus the CMIA in Responding to Mental Health Record Subpoenas in CA, Health Law Perspectives, Vol. 18, No. 2 (Feb. 2015) (co-author)
  • California Data Breach Report Emphasizes Importance of Encryption, Health Law Perspectives, Vol. 17, No. 11 (Nov. 2014) 
  • OIG Signals Flexibility for Evolving Healthcare Reform Initiatives, Health Law Perspectives, Vol. 17, No. 10 (Oct. 2014) 
  • Executive Summary: IRS Clarifies Prior Section 501(r) Guidance for Tax-Exempt Hospitals and Issues Proposed Procedures for Correcting and Disclosing Certain Failures, American Health Lawyers Association Practice Group Executive Summary (Feb. 19, 2014) (co-author) 
  • New California LLC Law Effective as of January 1, 2014, Health Law Perspectives, Vol. 16, No. 2 (Feb. 2014) (co-author) 
  • The Stage 3 Meaningful Use Preliminary Recommendations, Medical Laboratory Observer (July 2013) 
  • Good News, EHR Incentive Payments Are Under Way.  Bad News, the Audits of EHR Incentive Payments Have Begun, New Perspectives on Healthcare Risk Management, Control and Governance, Journal of the Association of Healthcare Internal Auditors,Vol. 31, No. 4 (Winter 2012) (co-author) 
  • IRS Proposed Regulations Relating to Financial Assistance Policies and Collection Activities of Tax-Exempt Hospitals, ABA Health Law eSource, Vol. 9, No. 1 (Sept. 2012) (co-author) 
  • CMS Revises Conditions of Participation, Health Law Perspectives, Vol. 14, No. 5 (July 2012) 
  • Accountable Care Organization Final Regulations: Analysis and Implications: HLB White Paper (Nov. 2011) (co-author) 
  • Practical Analysis, Hospital Acquired Conditions; “Never Events”, 2011 Master Medicare Guide (Paperback Book Series), [¶8.14] (CCH Dec. 2011)
For media inquiries, please contact Barrett McBride at bmcbride@health-law.com or 916.456.5855.