David S. Szabo is a partner in the Business Law Department, and a member of the healthcare and privacy practice groups. He represents hospitals, integrated delivery systems, home care companies, and other healthcare service providers. He also represents healthcare information technology companies and life sciences companies.
David has extensive experience in healthcare licensing and regulation, reimbursement, fraud and abuse compliance matters, and the structuring of joint ventures. He regularly advises clients on Stark Law and Anti-Kickback compliance matters. His practice also includes the privacy and information security law applicable to healthcare providers, health plans, technology vendors, and other organizations. He advises non-profit organizations on general corporate matters, tax, and governance issues.
Notable Experience
· David organized the first regional healthcare information exchange organization in Massachusetts, and recently helped it complete a merger to create a comprehensive health information exchange organization that serves the leading hospitals, health plans and medical groups in Massachusetts.
· David has advised several Massachusetts hospitals on the development of hosted electronic medical record services for their employed and independent physicians. These projects included advice on Stark and HIPAA compliance, drafting information services agreements and negotiation of technology vendor agreements.
· David recently led an effort to organize a tax exempt organization dedicated to improving the health of a community though the use of health information technology.
· David advises hospital and their affiliated group practices on a wide variety of regulatory and corporate issues, including Stark law compliance. This includes the review of physician compensation plans, physician recruitment arrangements, and medical practice acquisitions.
· David oversaw the merger of two charities dedicated to promoting cancer research, to create a nationwide foundation dedicated to cancer research, advocacy and patient services.
Recent Speaking Engagements and Publications
· David presented "HIPAA, the HITECH Act and Privacy Compliance: Not Just for the Healthcare Industry Anymore," at ACI's 11th Annual Legal and Compliance Forum on Privacy & Security of Consumer and Employee Information on February 2, 2012 in Washington, D.C.
· David presented "Data Breach Management and Cyberrisk Update" at the Association of Corporate Counsel Northeast Chapter Event on January 11, 2012.
· David sat on the panel for "Data Breaches at Home and Abroad: This Can Mean You Too!," at Edwards Angell Palmer & Dodge on June 21, 2011.
· David sat on the panel for "Converting Non-Profit Hospitals into For-Profit Ventures: The Next Wave?," at HCap '10 - Post Reform: Identifying Emerging Opportunities in Healthcare on December 7, 2010.
· David presented "Personal Health Records, Consumer Engagement, Privacy and Security" at the HealthMart 2010 Conference and Trade Show: How to Achieve Meaningful Use on October 5, 2010.
· David presented "Dealing with Data Breaches: Legal, Practical, and Financial Issues" at the Massachusetts Health Data Consortium Seminar on September 17, 2010.
· David sat on the panel for "Consumer-Centric: The Role of the Patient in Health IT and HIE" at the Health Information Technology: Creating Jobs, Reducing Costs, and Improving Quality Conference on April 29, 2010.
· David presented "Legal and Ethical Concerns in Personalized Medicine" at The World Health Congress Leadership Summit on Personalized Medicine on January 26, 2010.
· David spoke on recent HIPAA privacy amendments at the HealthMart 2009 Conference, jointly sponsored by the Massachusetts Health Data Consortium and the New England Chapter of the Health Information and Management Systems Society on October 6, 2009.
· David presented on overview of healthcare compliance and fraud and abuse issues at the New to Healthcare Seminar sponsored by the Massachusetts Chapter of the Healthcare Financial management Association on Friday, September 25, 2009.
· David presented a webinar in conjunction with Zixcorp on Massachusetts data breach notification and information security rules on May 19, 2009.
· David's made a presentation on the "Legal Health Record" before the Massachusetts Chapter of the American Health Information Management Association as part of the Dot Wagg Memorial Seminar on April 15, 2009.
· David spoke on the legal issues involved in implementing electronic health records and health information exchange at the Annual Meeting of the American Health Lawyer's Association in July, 2008.
News & Publications
November 30, 2011, ACO Update: Fraud and Abuse Waivers Can Assist ACO Development
June 21, 2011, Edwards Angell Palmer & Dodge Recognized by Chambers USA in 17 Categories
June 6, 2011, ACO Update
April 7, 2011, ACO Update: IRS Issues Guidance on the Participation of Tax-Exempt Organizations in the Medicare Shared Savings Program Through Accountable Care Organizations
April 5, 2011, ACO Update: Unprecedented Federal Agency Cooperation Yields Proposal to Exempt Accountable Care Organizations from Per Se Antitrust Scrutiny
April 4, 2011, ACO Update: CMS Releases Proposed ACO Rule
February 28, 2011, Listening to the Government
SleepPartners News
July 2010, Drug Enforcement Administration to Permit E-Prescribing for Controlled Substances
June 23, 2010, Chambers and Partners Recognizes EAPD in Nineteen Areas
May 11, 2010, Provider Reimbursement Changes in Healthcare Reform Law
April 29, 2010, Panel: How do HIEs, EMRs affect patient-physician experience?
HealthImaging.com
April 27, 2010, Disclosure Requirements for Drug Manufacturers, Medical Device Companies and Pharmacy Benefit Managers Contained in Health Reform Law
April 22, 2010, Amendments to Stark Law and Anti-Kickback Statute and New Compliance and Enforcement Authorities
April 22, 2010, Referral and Encounter Requirements for Home Health Providers and Durable Medical Equipment Suppliers
March 2010, Physicians Must Prepare for New EHR Regulations
Massachusetts Medical Law Report
Before Edwards Wildman
David started his legal career in a boutique law firm specializing in health care reimbursement and regulation. He subsequently developed his health law practice at a national law firm and a regional firm in Boston.
Besides Edwards Wildman
David served in Winchester Town Meeting for over a decade, and over the years has served on a variety of Town planning and financial committees. He is a director of the Massachusetts Health Data Consortium, and serves on its executive committee. In 2009 he was appointed by Governor Patrick to serve on the Commonwealth's Health Information Technology Council, which is charged with developing a statewide health information technology plan. He enjoys sailing, but doesn't get out on the water as much as he would like.
Events
February 1-2, 2012, Washington, DC, ACI's 11th Annual Legal and Compliance Forum on Privacy & Security of Consumer and Employee Information
January 11, 2012, Boston, MA, Data Breach Management and Cyberrisk Update
July 14, 2011, Data Breaches at Home and Abroad: This Can Mean You Too!
Lessons Learned from the Past, and What's Coming Up in the Future for US and Multi-National Entities
June 21, 2011, Boston, MA, Data Breaches at Home and Abroad: This Can Mean You Too!
Lessons Learned from the Past, and What's Coming Up in the Future for US and Multi-National Entities
January 14, 2011, Waltham, MA, Health Reform - Information Technology and Infrastructure
December 6 - 8, 2010, Washington, DC, HCap '10 - Post-Reform: Identifying Emerging Opportunities in Healthcare
November 9, 2010, What Does Privacy Law and Data Security Have to Do with Nonprofits?
October 5, 2010, Worcester, MA, HealthMart 2010 Conference and Trade Show: How to Achieve Meaningful Use
April 29 - 30, 2010, Cambridge, MA, Health Information Technology: Creating Jobs, Reducing Costs, and Improving Quality Conference
January 26, 2010, National Harbor, MD, The World Health Care Congress Leadership Summit on Personalized Health Care
Optimizing Outcomes Based Data to Make Personalized Medicine a Reality
December 1, 2009, The Continuing Nightmare of Data Breach and Privacy Risks and Regulations: Increasing Risks, New Regulations, and Changing Deadlines
October 6, 2009, Worcester, MA, HealthMart 2009: A Stimulus for EHR Deployment
Industries
· Healthcare
· Tax-Exempt Organizations
· Cloud Computing & Managed IT Services
Memberships
· American Bar Association
· Boston Bar Association
· Healthcare Financial Management Association
· Health Information and Management Systems Society