His focus on actionable, practical guidance and his holistic, multidisciplinary approach facilitates his delivery of strategic counsel that protects clients from avoidable risk and liability, helps them achieve their commercial objectives and allows them to focus their energies and resources on patient care.
Nick appreciates the pressures and priorities his healthcare clients face as well as the challenges presented by the ever-evolving legal, regulatory and policy landscape that governs their industry. He strives to distill complexity into clarity and address client concerns in a way that is both responsive and reassuring. Whether shepherding a game-changing transaction to consummation, developing comprehensive and proactive compliance strategies or diffusing potentially disruptive and costly threats posed by investigators or regulators, Nick is always laser-focused on advancing his clients’ interests as efficiently and effectively as possible.
In his compliance practice, Nick counsels healthcare providers on the full spectrum of federal and state healthcare regulatory issues, including anti-kickback, self-referral (Stark law), and other fraud and abuse matters. He advises on state laws and regulations governing interactions between physicians and manufacturers of pharmaceuticals and medical devices, Medicare provider and practitioner enrollment, facility licensure and certification, clinical research regulations, tax exemption and healthcare compliance programs.
Nick advises covered entities and business associates regarding HIPAA, HITECH and state health information privacy laws, including developing and implementing health information privacy and security policies and procedures, drafting and negotiating business associate agreements and coordinating investigations of and responses to suspected breaches.
When government investigators or regulators raise concerns or allege regulatory transgressions, Nick moves quickly yet thoughtfully to lower the temperature, working with them to resolve core issues in a way that spares his clients from protracted and expensive governmental scrutiny and protects their operational, financial and reputational interests.
A seasoned transactional attorney and savvy negotiator, Nick represents healthcare industry clients in mergers and acquisitions, joint ventures and similar affiliation arrangements. He also represents banks and commercial lenders in structuring, negotiating and documenting asset-based cash-flow and real estate loan transactions with health industry borrowers.
Nick negotiates clinical trial agreements and similar clinical research arrangements on behalf of healthcare providers, study sponsors and pharmaceutical manufacturers and he drafts and negotiates consulting, technology and software development, software licensing and SaaS and collaboration agreements. Nick drafts, analyzes and negotiates healthcare payor contracts, physician employment agreements, nurse practitioner collaboration agreements, medical director agreements, exclusive provider agreements, vendor sales contracts and practice management agreements.