Vinay Bhupathy

Vinay Bhupathy is a member of the firm’s healthcare practice team and an associate in the Corporate Practice Group in the firm’s Century City office. 

Areas of Practice

Vinay’s healthcare practice bridges the gap between regulatory and transaction law and he represents all manner of healthcare entities from providers such as hospitals and physician groups to payors and health information technology companies.

From a regulatory perspective, Vinay is able to provide comprehensive counseling to healthcare clients with his experience in a broad range of areas including shared savings and reimbursement issues, healthcare facility, pharmacy and laboratory licensure and certification, data security and privacy (including HIPAA compliance), fraud and abuse laws, corporate practice of medicine and FDA medical device regulation. He regularly assists providers with navigating the complex issues surrounding CMS innovation models such as the Medicare Shared Savings Program and the Bundled Payments for Care Improvement Initiative and commercial value based reimbursement initiatives. Vinay also assists medical device and healthcare technology companies - especially health information technology companies and mobile app developers - with FDA-regulation compliance throughout the product life cycle, from product development to post-market compliance. His practice extends to contract drafting and negotiation for managed care companies, insurers, hospitals, health systems, physicians, and ancillary providers.

In addition to his regulatory experience, Vinay also advises clients in connection with corporate issues surrounding complex joint ventures between healthcare entities. He also has experience negotiating mergers and advising clients on professional services, management services and health information technology license agreements. Vinay regularly advises clients on formation, corporate governance and operational matters for various healthcare entities.

Articles

Antitrust Law Blog Posts

• "State Regulatory Scheme Offering Antitrust Immunity to Healthcare Collaborations Creates Tension Between Federal and State Antitrust Enforcement," May 20, 2015

Healthcare Law Blog Posts

• "Cybersecurity, Inside Jobs, Outside Jobs, and HIPAA," March 14, 2019 
• "HIMSS19 Brings Together Thought Leaders on IOT and Telehealth," February 19, 2019 
• "Blog Series Part 7: CMS Proposed Rule on Policy and Technical Changes to the Medicare Advantage, Medicare Prescription Drug Benefit, Medicaid Fee-For-Service, and Medicaid Managed Care Programs for 2020 and 2021," November 28, 2018

• "CMS Proposes Massive Changes to ACO Program – Pushing Providers to Accept Downside Risk," August  16, 2018 
• "A Stick to Balance the Carrot: ONC Finalizes a New Framework to Address Non-Conformities in Certified Health Information Technology," October 28, 2016

• "Communications Compliance: Are Messaging Applications Leaving Your Organization Vulnerable to HIPAA Liability?" November 30, 2015
• "CMS Proposes Mandatory Hospital Participation in New Bundled Payment Program for Hip and Knee Replacements," July 22, 2015
• "CMS Proposes to Modify—but Continues to Stand Behind—its “Two-Midnight” Rule," July 14, 2015
• "Congress Repeals Sustainable Growth Rate Formula and Advances Medicare Payment for Quality," April 20,2015
• "Full Speed Ahead for Meaningful Use," March 24, 2015
• "More Risk for All and “Free” Care?" March 20, 2015
• "Medicare Advantage Insurers May See Positive Growth in 2016 Despite CMS’ 0.95% Payment Rate Cut Announcement," March 5, 2015
• "Go For De Novo: FDA’s Revised Approach to Medical Device Accessories," February 19, 2015
• "Interface without Regulation – FDA Deregulates MDDS and Related Technologies," February 12, 2015
• "MSSP ACO Program’s Proposed Rule Highlights Significant Impacts on ACOs and Healthcare Providers," December 29, 2014
• "Mobile Health Apps are in a Boom Phase – Why is it so Hard for Pharmaceutical Companies to Find Users?" November 5, 2014
• "Pioneer ACOs: Slowed Health Spending, Improved Quality and More Drop Outs?" October 21, 2014
• "Device Advice: New Guidance From the FDA on Medical Devices and Cybersecurity," October 14, 2014
• "Final Meaningful Use Rule: CMS Loosens its Grip," September 15, 2014
• "Is Apple Leading a Health Management Revolution?" September 10, 2014
• "CMS Care Coordination Payments – A Boon to Doctors and Patients but Patient Participation Will be Essential," August 19, 2014
• "New York’s Health Information Highway – SHIN-NY – Get Involved as it Gets Rolling," August 8, 2014

Speaking Engagements

• "HIPAA Third-Party Assurance: Learning Lessons and Moving Forward," HITRUST 2019 Annual Conference, May 22, 2019
• "M&A and Private Equity Issues in Healthcare," New York, June 17, 2015