Amy M. Joseph

Ms. Joseph is a member of the firm’s business department. She advises health systems, academic medical centers, teaching hospitals, and a wide variety of other health care providers on business and regulatory matters. A significant portion of her practice is focused on fraud and abuse compliance, including counseling on compliance with federal and state anti-kickback and self-referral laws, and serving as lead deal counsel or regulatory counsel on mergers, acquisitions, and other strategic affiliations. In addition, Ms. Joseph frequently counsels both providers and health information technology companies in the digital health space, including compliance and reimbursement issues related to digital health. 

Ms. Joseph regularly works closely with health system and hospital compliance departments to advise prospectively on protocols and best practices as well as to assist with internal investigations, and has received a certification in healthcare research compliance (CHRC).

Ms. Joseph co-chairs the firm’s Academic Medical Center/Teaching Hospital Working Group and is a member of the firm’s Fraud & Abuse Practice Group. She is also co-author of AHLA’s The Stark Law: Comprehensive Analysis and Practical Guide, seventh edition, co-author of a chapter of AHLA’s Best Practices Handbook for Advising Clients on Fraud and Abuse Issues, co-author of the telemedicine chapter of ABA’s Physician Law: Evolving Trends & Hot Topics, and regularly presents and writes on these topics.

Ranked by clients and peers as a top Massachusetts health care attorney, Chambers USA notes that Ms. Joseph is "an expert in the Stark Law.” Sources say that “she is extremely smart, knowledgeable, thoughtful and responsive." One client stated, "she is one of the most responsive and diligent attorneys I have worked with."

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

• Represented public hospital as deal counsel in affiliation with another public hospital and large university health system
• Represented digital health company as regulatory counsel in acquisition of physician practices in multiple states, and otherwise advised on regulatory compliance and operations as part of national expansion
• Represented nonprofit hospital as deal counsel in acquisition of specialty hospital
• Represented national management services and healthcare information technology company in sale of equity to a health system
• Worked closely with large hospital system to review and update compliance policies and procedures and contract approval processes, draft new contract templates, and train workforce with respect to physician contracting and compliance with state and federal anti-kickback and self-referral laws
• Worked closely with multiple hospital systems on internal investigations regarding potential federal and state anti-kickback and self-referral issues, including relationships between hospital-employed nurse practitioners and independent physicians on the medical staff; provision of items or services to community medical practices; and other potential or existing financial relationships with physicians
• Drafted and reviewed medical education affiliation agreements, as well as resident and medical student rotation agreements and resident employment agreements, on behalf of multiple hospital system residency programs, and advised on compliance with federal and state law and accreditation requirements
• Advised health systems, physician practices, and digital health companies on establishment of telehealth programs by health systems, including scope of practice, informed consent, reimbursement, and other regulatory considerations in states of operation
• Advised on compliance with human subject research protections, and intersection of federal and state fraud and abuse and privacy laws and regulations, such as GDPR and HIPAA, in the research context

Professional Affiliations

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

Honors & Awards

• Recognized by Best Lawyers, 2023
• Massachusetts Super Lawyer Rising Star, 2019-2021
• Selected as one of  Massachusetts Go To Life Science/Health Care Lawyers by Lawyers Weekly, 2022
• Recognized by Chambers USA as an Up and Coming Massachusetts health law attorney, 2022

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)

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)

Health Law Perspectives

Other Publications

Publications

• Co-Author, Hospital-Employed Non-Physician Practitioners and Community Physicians: Billing and Stark Law Considerations, Journal of Health and Life Sciences Law, Vol. 16:3, American Health Law Association (August 2022)
• Co-Author, HHS Fraud Alert Is A Major Warning To Telehealth Industry, Law360 (July 28, 2022)
• Co-Author, Telehealth regulatory oversight and enforcement trends, Compliance Today, a publication of the Health Care Compliance Association (HCCA), (July 2022)
• Co-Author, Value-based arrangements between hospitals and physicians: New pathways for innovation, HCCA Compliance Today, (March 2021)
• Co-Author, Proposed Stark Regulations Have An Immediate Compliance Impact, HCCA Compliance Today (March 2020)
• Co-Author, Fraud and Abuse: Developments and Trends for 2020, AHLA Connections Magazine Top Ten Issues in Health Law 2020, #2 (January 2020)
• Co-Author, Physician Law: Evolving Trends & Hot Topics, Telemedicine Chapter (American Bar Association, 2019)

• Co-Author, GDPR Compliance: Considerations for  U.S. Healthcare Organizations, HCCA Compliance Today, (October 2018)

• Co-Author, Commercial Reasonableness Under Stark: Fair Market's Evil Twin?,HCCA Compliance Today, (September 2018)

• Co-Author, CMS Proposes to Expand Telehealth Reimbursement Under Medicare, ABA Health Law eSource, (September 2018)
• Author, The Stark Law: Comprehensive Analysis and Practical Guide, Sixth Edition (American Health Lawyers Association, 2018)
• INSIGHT: General Data Protection Regulation Applicability to the U.S. Healthcare Industry, Bloomberg Law (August 17, 2018)
• Co-Author, INSIGHT: Revised Common Rule Compliance Date Delayed Again, Bloomberg Law, (July 12, 2018)
• Co-Author, 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, Caution: Hospital Nurse Practitioners May Raise Stark Issues, HCCA Compliance Today, (April 2017)
• 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)
• Co-Author, 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, HCCA Compliance Today, (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) 
• 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)