Vinay Bhupathy

Vinay is a partner in the firm’s National Healthcare Team and Corporate Practice Group in the firm’s Century City office. He is an active leader of the firm’s diversity and awareness efforts in Century City.

Areas of Practice

Vinay provides comprehensive counseling to healthcare clients with his experience in a broad range of areas including value based care and reimbursement and regulatory compliance, health information technology contracting, product development and operations, data security and privacy (including HIPAA compliance), fraud and abuse laws, corporate practice of medicine and healthcare licensure and certification. He regularly assists providers with navigating the complex issues surrounding CMS innovation models such as the Medicare Shared Savings Program and the Direct Contracting Initiative and commercial value based reimbursement initiatives. Vinay also assists healthcare technology companies - especially health information technology companies and mobile app developers - with regulatory 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, ancillary providers and vendors.

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

Representative clients include: AccentCare, Advantage MSO, LLC, Aledade, Inc., CareMount Medical, PC, Constitution Health, Inc., General Atlantic, Greater Newport Physicians Medical Group, Inc., IMMH Holdings, LLC, Medal, Inc. Montefiore Medicine Academic Health System, One Oncology, Ora Oncology, OPN healthcare, R1 RCM, Southwestern Eye Center, The Innovation Institute, University Medical Partners, Inc and Verantos

Experience

• Successfully supported a startup healthcare information technology and analytics company, Medal, Inc., from its infancy to its eventual sale to Ciox
• Represented Verantos with numerous real world evidence partnerships with pharmaceutical sponsors and healthcare systems
• Represented One Oncology, a portfolio company of General Atlantic, in its affiliation arrangements with numerous preeminent community oncology practices, including Tennessee Oncology, New York Cancer and Blood Specialists and West Cancer Center
• Successfully led joint venture transactions between AccentCare and various health systems including Asante, Fairview Healthcare, Baylor Scott and White Health for post-acute care collaboration throughout Texas to drive value based care initiatives
• Assisted a 400+ physician practice group in New York to operationalize a Next Generation ACO and execute innovative value based reimbursement arrangements with national payors
• Led the transaction team for Legacy Health’s joint venture with PacificSource Health Plan
• Lead outside counsel for several innovative healthcare information technology companies capitalizing on post-EHR opportunities
• Restructured a nationwide physician run wound care service provider organization
• Represented Molina Healthcare as the lead associate for the deal team in its acquisition of the Magellan Complete Care line of business from Magellan Health
• Represented Centene’s Collaborative Health System division in a variety of value based provider partnerships and initiatives.

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

• "Office of the National Coordinator for Health IT Extends Compliance Deadlines under Interoperability Final Rule," November 6, 2020
• "Supreme Court Issues Long Awaited Ruling on Affordable Care Act Risk Corridors Program," April 27, 2020

• "CMS Releases Interoperability Rule Designed to Increase Patient Access to Health Information," March 31, 2020

• "2019 Year in Review: Notable Changes in Law, Policy, and Enforcement of HIPAA," June 10, 2020

• "INFORMATION BLOCKING AND THE RIGHT TO ACCESS INITIATIVE: Why Patients Struggle to Obtain their Medical Records and what the Office of Civil Rights Intends to Do About It," October 17, 2019

• "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

Events

Memberships

Southern California Chapter of HIMSS.

Digital Media