Photo of Amy M. Joseph

Amy M. Joseph

Senior Counsel

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 health systems, health care information technology companies, management organizations, and physician groups.  A significant portion of her practice is focused on fraud and abuse compliance, including counseling and advice regarding compliance of potential business structures with federal and state anti-kickback and self-referral laws, health information privacy and security, and mergers and acquisitions and other strategic affiliations.    

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.  Ms. Joseph regularly presents on fraud and abuse and privacy matters.  She has received a certification in healthcare research compliance (CHRC), and is a member of the firm's Academic Medical Center/Teaching Hospital Working Group and the firm’s Fraud & Abuse Practice Group.

Ms. Joseph served as one of the original members on the Women’s Leadership Council of the American Health Lawyers Association, and was selected to participate in the Women’s Bar Association of Massachusetts’ 2017-2018 Women’s Leadership Initiative.  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.  She is currently a member of the AHLA Fraud and Abuse Practice Group Leadership Development Program.    

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.  Prior to practicing law, Ms. Joseph served in the United States Air Force.

Representative Matters

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
  • American Health Lawyers Association
  • Boston Bar Association
  • HFMA, Massachusetts/Rhode Island Chapter
  • Massachusetts Bar Association
  • Women's Bar Association

Presentations & Speaking Engagements

  • Preparing Physician Contracts Compliance Training, In-House MCLE Training presented to Hooper, Lundy & Bookman, PC attorneys (Dec. 11, 2017)
  • 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 Breaches, 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)

Other Publications

Publications

  • INSIGHT: General Data Protection Regulation Applicability to the U.S. Healthcare Industry, Bloomberg Law (August 17, 2018)
  • Health Law Basics for Massachusetts Lawyers, Mass Weekly, New England In-House, (November 2017) (co-author)
  • AHLA Best Practices Handbook for Advising Clients on Fraud and Abuse Issues, Chapter 2 (co-author)
  • Proposed Massachusetts Legislation Aims to Contain Health Care Costs: Highlights for Providers (October 25, 2017) (co-author)
  • Privacy Compliance Highlights from 2017 - What Providers Should Know, HFMA Advisor, Issue 3 (Spring 2017)
  • Minors Mental Health Information: Navigating the Complex Web of State and Federal Privacy Laws, BNA's Health Law Reporter (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)
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