Photo of Stephen K. Phillips

Stephen K. Phillips

Partner

Education

Amherst College, B.A., 1987, magna cum laude

Stanford Law School, J.D., 1990

  • Law Review

Bar Admissions

  • 1990, Pennsylvania
  • 1995, California
Profile
Presentations & Speaking Engagements
News
Publications

Stephen K. Phillips is a corporate and health care regulatory partner with a particular focus on health care technology and privacy. He is the chair of the firm’s Technology Practice Group and was selected for Nightingale’s Healthcare News‘ list of Outstanding Healthcare IT Lawyers.   His practice focuses on: 

  • Health care technology transactions, including drafting and negotiating:
    • SaaS, software licensing and related service agreements between health care technology companies and health care providers.
    • HIE licensing, participation and data sharing agreements and policies.
    • Terms of use/service, privacy and related user documentation. 
  • Compliance counseling, including:
    • Fraud and abuse investigations and self-disclosures.
    • Privacy and security compliance program development, review and training.
    • Privacy breach response and reporting.
    • Telemedicine and Web-based service design.
    • Medical, dental and other professional practice act restrictions, including corporate practice laws and scope of license restrictions.
    • GPO and supply chain purchasing strategy. 
  • Business transactions, including:
    • Mergers, acquisitions, strategic partnerships and outsourcing agreements.
    • Development of employer clinics and onsite health centers.
    • Physician and dental practice group and practice management company formations.
    • Provider-professional arrangements, including those for medical directorships, professional service and consulting arrangements. 

Mr. Phillips received a B.A. degree from Amherst College, magna cum laude, and his J.D. from Stanford University. Mr. Phillips is admitted to the California and Pennsylvania State Bar. 

Prior to joining the firm in September 2006, he was the General Counsel and Compliance Program Chair for Neoforma, a public health care supply chain management outsourcer, from December 2000-March 2006, and the Chief Operating Officer and General Counsel for eCliniq, a provider of Web-based clinical solutions for heart care physicians, from July 1999-November 2000.  Before joining eCliniq, he practiced corporate and health care law at several leading law firms, the most recent of which was Latham & Watkins from June 1996-June 1999.

Representative Matters

Development of onsite medical clinics for Cisco Systems. 

Representation of major California hospital system in fraud and abuse investigations and OIG self-disclosures. 

Representation of AIDS Healthcare Foundation in its acquisition of MOMS Pharmacy. 

Representation of Coast Plaza Doctors Hospital in its sale to Avanti Hospitals. 

Negotiation on behalf of the California Prison Healthcare Receivership of a clinical data repository and portal solution agreement with IBM, Oracle, Orion Health and Initiate Systems. 

Representation of acute care hospitals, SNFs, professional medical corporations, dialysis facility, home health agency and private duty nursing companies in private acquisitions. 

Representation of large primary care medical group in negotiations with prominent West Coast health system for establishment of medical foundation. 

Representation of California hospital district in establishment of outpatient clinic and related physician practice acquisitions. 

Representation of life science and medical device companies in sponsorship of clinical trials. 

Representation of surgeon-owned implant development and distribution companies in formation, syndication and intellectual property development. 

$200 million merger of Neoforma, Inc. and Global Health Exchange, LLC. 

$5.6 million Series A venture capital financing for eCliniq Corp. 

$600 million Outsourcing Agreement among Neoforma, VHA, Inc., University HealthSystem Consortium (UHC), HPPI and Novation LLC.

Professional Affiliations

  • American Bar Association, Health Law Section
  • American Health Lawyers Association
  • California Society of Healthcare Attorneys, Immediate Past-President and Board Member

Publications

Issues in Negotiating Healthcare Technology Agreements, CSHA Annual Spring Meeting. (April, 2016).

Social Networking for Hospitals, Hospital Council of Northern and Central California. (June 2011).

Electronic Health Records: The $63,000 Question, CSHA Annual Spring Meeting. (April, 2011).

Stark Fundamentals, CSHA Annual Spring Meeting. (April 24, 2009).

New Privacy & Security Legislation: California’s AB 211 & SB 541 and HITECH’s HIPAA Amendments, CAHF Legislative Conference (March 30, 2009).

Privacy/HIPAA Legislation, HFMA PFS Roadshow in Nevada (March 27, 2009).

Pork, Penalties, and Privacy: How to Get Paid Under the HITECH ACT Without Getting Burned, Health Law Perspectives. (March 2009).

New Privacy Legislation: AB 211 & SB 541, HFMA PFS Roadshow in Sacramento. (January 9, 2009).

Stark Law Update, CHA Compliance Seminar. (December 11, 2008).

Tax Exemption Issues, CHA Compliance Seminar. (December 11, 2008).

Knox-Keene Licensure: Is It Right for Your Organization, CAPG. (November 4, 2008).

1206(d) and Medical Foundations: Regulatory Issues, Hooper, Lundy & Bookman Seminar. (September 23, 2008).

Connecting Californian to Their Medical Record: Legal Issues and Approaches, CSHA. (November 2, 2007).

Supply Chain Reengineering and Software Purchasing, CAHF. (Summer 2007).

The Future is Now – Legal Issues at the Advent of Electronic Health Records and E-Prescribing Adoption, California Health Law News. (Spring 2007).

What to Know Before Negotiating Your Next Software Purchase, Health Law Perspectives. (April 2007).

Supply Chain Focus: Implementing an Electronic Ordering Strategy, Health Law Perspectives. (January 2007).

State of the Art Pharmaceuticals: Where Nobel Laureates, Madison Avenue, and Dr. Kildare Meet, California Society for Healthcare Attorneys. (November 2004).

E-Health Care, Practising Law Institute, Health Care M&A 2000. (May 2000).

Non-profit Systems: Hidden Tax Exempt, Anti-Kickback and Stark Pitfalls for Structuring Your Internet Strategies and Affiliations, American Bar Association (ABA), eHealth Law 2000. (October 2000).

Transactional & Business Health Care: Reimbursement, Fraud and Abuse Issues in eHealth, ABA, 2000 Medicare Annual Update. (October 2000).

1999 Health Law Update, ABA. (May 1999).

New Developments in Provider Risk Sharing, BDC Advisors. (November 1998).

Fundamentals of Managed Care, NHLA Managed Care Conference. (December 1997).

The Legal Landscape for Disease State Management Organizations, Satellite Dialysis Centers, Inc. (June 1995).

Provider Risk Sharing and Provider Sponsored Organizations. (AHLA 1998).

Integrated Delivery Systems, Health Law Practice Guide. (AHLA 1997).

Fraud and Abuse By and Against HMOs and Other Managed Care Organizations, (Millin’s Litigation Reports: Managed Care 1997).

Confidentiality and Privacy Issues in Telemedicine, Bender’s Health Care Law Monthly. (November 1996).

Information Systems and Physician Profiling in Managed Care, California Health Law News. (Fall 1995).

Obligations of State Medicaid Programs to Pay Medicare Cost-Sharing Amounts for Low-Income Medicare Beneficiaries, Journal of Health and Hospital Law. (June 1994).

For media inquiries, please contact Barrett McBride at 916.456.5855.