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Partner - Joan W. Feldman

Joan W. Feldman

Partner

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Joan W. Feldman is Chair of Shipman & Goodwin’s Health Law Practice Group and a member of the firm’s Management Committee. In addition to Joan’s more than three decades of experience in legal private practice, she has served as a faculty member at the University of Maine School of Nursing and practiced as a registered nurse in Massachusetts, Maine and Connecticut. With this background and her years of experience advising healthcare clients, Joan possesses a comprehensive, in-depth understanding of the competitive, operational, and regulatory pressures and opportunities facing today’s health care organizations. Equally valuable, Joan has earned a reputation among federal and state agency officials as a capable and effective advocate for her clients.

Joan serves as general and special outside counsel to clients in almost every sector of the industry, including acute, general, specialty and academic medical centers, skilled nursing facilities, home health agencies, hospice providers, behavioral health and substance-use disorder providers, durable medical equipment providers, clinical laboratories and life sciences companies. She provides full-spectrum counsel in the following:

Health Care Regulatory Compliance, Licensure and Credentialing
Joan routinely provides counsel on the full range of federal and state laws and regulations, including:

  • Corporate compliance, including developing and implementing compliance programs
  • Compliance investigations and corrective action
  • Medicare and Medicaid reimbursement, including fraud and abuse, Anti-kickback and Stark Law compliance
  • Medical staff governance, discipline and credentialing
  • Facility licensing, certification, surveys and corrective action plans
  • Governmental payer audits, investigations and False Claim allegations and overpayments
  • Health information privacy, including HIPAA, data security and breach reporting
  • Clinical and translational research issues involving conflicts of interest, research misconduct, institutional review boards, informed consent, privacy and data issues, and sponsor and investigator agreements

Health Care Transactions, Finance and Operations
Joan counsels clients at every step of the business lifecycle, including:

  • Corporate formation and governance (for-profit and not-for-profit entities)
  • Mergers, acquisitions, affiliations, joint ventures, partnerships, physician/hospital strategic alliances and other combinations
  • Establishment of new facilities, including licensure and reimbursement issues
  • Clinically integrated networks, including ACOs
  • Managed care contracting, including risk sharing arrangements
  • Certificate of need matters related to change of ownership, corporate affiliation, joint ventures, technology acquisitions, and introduction and termination of services

Joan regularly advises her clients on corporate day-to-day operational concerns. Recognizing that health care is among the most data-dependent industries, Joan also counsels organizations on issues involving proprietary and creative assets and data-sharing, including intellectual property protection and technology and software licensing.

Health Care Administrative Disputes
One of Joan’s primary goals is to help clients identify and avoid potential disputes. When an agency investigation does arise, she is a keen advocate for her clients, working with them to conduct internal audits, respond to inquiries, persuasively present their cases before administrative boards and panels, and negotiate and implement appropriate resolutions.

Among other matters, she has successfully represented clients in qui tam (whistleblower) false claims actions, appeals before CMS and state licensing and credentialing authorities, conflict of interest cases, and audits and investigations by the Medicaid and Medicare, Office of Inspector General, HHS and Department of Justice. When civil or criminal litigation arises, she works closely with the firm’s trial and appellate teams to develop effective strategies for plaintiffs and defendants, and routinely drafts briefs that present clear, compelling arguments on the most complex of subjects.

In addition to her client work, Joan is a recognized thought leader on health law issues. She speaks and writes frequently on numerous subjects of interest to health care providers, including compliance, medical ethics, regulatory and reimbursement matters, and health care fraud.

Distinctions

  • Listed in The Best Lawyers in America®: Health Care Law (2015-2020)
  • Listed as a Connecticut Super Lawyer®: Health Care (2013-2019)
  • Listed as one of the Top 50 Women Lawyers in New England by Super Lawyers® (2015-2016)
  • Listed as one of the Top 25 Women Lawyers in Connecticut by Super Lawyers® (2015-2016)
  • AV Preeminent® Rated, Martindale-Hubbell
  • Listed in the Bar Register of Preeminent Women Lawyers (2011-2012)
  • Chambers USA, America's Leading Lawyers: Healthcare (2011-2019)

Yale New Haven Health's Acquisition of Milford Hospital

Represented Yale New Haven Health and Bridgeport Hospital in its acquisition of substantially all of the assets of Milford Hospital, including obtaining a certificate of need and obtaining other regulatory approvals relating to Milford Hospital’s change of ownership. The negotiations extended over a two year period during which time a Chief Restructuring Officer was engaged by Milford Hospital to stabilize the financially struggling hospital. The Milford Hospital campus will become part of Bridgeport Hospital and continue as a community hospital with special focus on offering gerontologic services.

Development and Launch of All-Payer Claims Database

Represented Access Health CT, the State’s health insurance exchange, in connection with the development and launch of one of the country’s first all-payer claims databases (APCD). Assisted Access Health CT in its development of a vendor data management agreement for claims data, and continue to advise on data use, intellectual property, privacy and security matters.

The APCD program collects, maintains, and assesses health care information and will make such information accessible to health care professionals, researchers, consumers and others for purposes of improving health care utilization, costs and quality of health care services in Connecticut.

Publications

September/October 2019  Fair Market Value: It Is Not As Easy As You May Think
January 11, 2019  U.S. Supreme Court Decision Impacts Arbitration Clauses
January 3, 2019  Physician Practice Liable for Violating its Duty of Confidentiality to a Patient
November 6, 2018  What Does the Partial Repeal of the Medicaid IMD Exclusion Mean for Providers?
October 2018  New Compliance Training Requirements for Medicare Advantage
August 22, 2018  Connecticut Supreme Court Reminds Teaching Hospitals that They May be Responsible for Residents' Negligence
August 6, 2018  CMS Mandates Hospitals to Post Standard Charges Online
March 2018  False Claims Act 2017 Report Card: $2.4 Billion Recovered
January 24, 2018  HHS Takes Action to Protect Religious Beliefs and Moral Convictions
January 17, 2018  Connecticut Supreme Court Recognizes New Cause of Action for Patient Privacy Breach
January 10, 2018  OIG Scrutiny of Patient Assistance Programs
June 2017  Reducing the risk of False Claims Act qui tam actions
February 15, 2017  SAMHSA Modernizes Regulations Governing the Confidentiality of Substance Use Disorder Records
January 31, 2017  IRS Issues Clarification for Tax-Exempt Management Contracts -- Impact on Healthcare Providers
October 11, 2016  Providing Transgender-Inclusive Health Care
October 27, 2016  October 17th Compliance Deadline for HHS Nondiscrimination Notifications Approaches
May 24, 2016  Connecticut Legislature Passes Non-Compete Act Concerning Contracts With Physicians
April 2016  Communicating Protected Health Information Via Text Messaging
January 27, 2016  If You Provide Behavioral Health Services, Do the New HIPAA Reporting Rules Apply to You?
January 21, 2016  APCDs: One Solution to Obtaining Meaningful Performance Data
December 9, 2015  Stark Law Update
February 9, 2015  Key Issues in Negotiating a Health Information Technology Agreement
December 12, 2014  Recent Data Breach Demonstrates the Importance of Attention to Software and IT Systems
November 11, 2014  Health and Human Services Addresses Ebola and Other Public Health Emergencies

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Events

May 22, 2019  HFMA Region 1 Eighteenth Annual Healthcare Conference
December 13, 2018  CT HFMA Winter Revenue Summit with AAHAM
November 7, 2018  4th Annual Healthcare Enforcement Compliance Conference
September 14, 2018  2018 Community Health Summit: Working Together for a Healthier Connecticut
May 15, 2018  CLE Event: Mind Over Matters: Your Mental Health and Well-Being As A Lawyer
April 13, 2018  Community Health Center Association of Connecticut
June 27, 2017  Community Health Center Association of Connecticut
June 26, 2017  Health Care Compliance Association Web Conference
June 23, 2017  Community Health Center Association of Connecticut (CHCACT)
June 20, 2017  CT Community Nonprofit Alliance Behavioral Health Compliance Forum
May 23-25, 2017  HFMA Region 1 Sixteenth Annual Healthcare Conference
May 9, 2017  Webinar: Negotiating a Successful Health Care Transaction
April 26, 2017  What You Need to Know to Negotiate a Successful Health Care Transaction
March 26-29, 2017  Health Care Compliance Association's 21st Annual Compliance Institute
November 10, 2016  CT Community Nonprofit Alliance, Inc. Behavioral Health CFO Forum
September 20, 2016  CT Community Nonprofit Alliance, Inc. Compliance Roundtable
May 25, 2016  HFMA Region 1 Fifteenth Annual Healthcare Conference
February 23, 2016  CT HFMA: 2016 Legal Playbook: Best Practices to Keep Your Healthcare Operations on the Winning Side
February 17, 2016  Stark Update at University of Connecticut Health Center
June 11, 2015  Feldman & Roberts to Speak about The Physician Payments Sunshine Act
May 19-20, 2015  HFMA Region 1 Fourteenth Annual Healthcare Conference
February 12, 2015  CHCACT: Corporate Compliance Workgroup
January 20, 2015  HCBA: Business Associate Compliance - Keeping Your Own House in Order
January 14, 2015  Stage 2 Meaningful Use Audit: What You Need to Know
December 11, 2014  CHCACT: Compliance Workgroup
November 5, 2014  CT HFMA: Annual Healthcare Leaders Legal Update

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Practice Areas

Industries & Featured Services

Education

  • University of Connecticut School of Law, J.D., 1986, with honors
  • State University of New York Downstate College of Nursing, B.S.N., 1977,
    magna cum laude

Bar Admissions

  • Connecticut
  • Massachusetts
  • New York

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