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Joan Lebow

Partner

Chicago
312 580 2212 direct

Joan serves as a legal and business counselor to a variety of health care clients, including institutional health care providers and physician practices, global consulting companies and software vendors.

As former in-house counsel to some of Chicago's most prominent hospitals, Joan knows how to work collaboratively with a large multi-disciplinary team to close a transaction or scale a regulatory hurdle. Clients have described her as a highly responsive, hands-on problem solver and creative thinker who doesn't hesitate to offer clear recommendations to resolve tough legal issues.

In her commercial transaction work, Joan serves as an integral member of her client's business team and drafts and negotiates complex high-value agreements. Her approach to closing supply chain, sales and purchase agreements for software, outsourcing, and electronic health information systems is to emphasize efficiency and keep strategic business goals in focus.

Joan advises health care clients on professional licensure and reimbursement questions, including doctors, mid-level practitioners and tele-medicine practitioners. For every client, Joan focuses on finding compliant, practical solutions that allow clinicians to maximize their practice scope and achieve business goals.

During her career as in-house counsel for two major hospital systems, Joan managed self-insurance portfolios and monitored all related professional licensing issues. She also designed and implemented large-scale data privacy programs and developed a special focus on tele-medicine and mobile applications in medicine, including distance delivery technology. Joan handled all major transactions for her corporate clients while in house, and, for her two hospital clients, provided consistent regulatory compliance guidance, particularly with regard to reimbursement.

Regulatory Compliance

Advise providers regarding Medicaid Fraud recovery and recoupment audits and allegations

Represented hospitals, home health agencies, and physician groups in Medicare, Medicaid, and commercial payor reimbursement audits and recoveries

Led transactions in compliance with False Claims Act, Stark, Anti-Kickback and state law between clinical providers

Advised and drafted information privacy and security audits and compliance policies for Health Insurance Exchange

Performed clinical standards assessments and audits

Created HIPAA Security Risk Assessment, revised IT policies regarding computer security, cyber security and information systems incident reporting for insurance company

Software Licensing

Negotiated an electronic health information system and hosting agreement for Health Information Exchange

Investigated electronic health products for a Fortune 50 software client, including providing a detailed analysis of third-party licensing rights, strategic product considerations and associated issues

Drafted and negotiated co-location, server and hosting agreements for clinical and data provider clients

Led the acquisition of certified EHRs and practice management software applications on behalf of numerous clinical provider clients

Commercial Transactions and Software Licensing

Draft, negotiate and close supply chain agreements for all clinical ancillary and support services for major health care institutional clients including equipment, supplies and medical devices

Led an international software sale for a Fortune 50 software company's jointly-developed application, and secured rapid implementation through distribution channels

Negotiated and drafted a complex outsourcing agreement for a consulting company to provide operating systems for a university hospital system

Assisted consulting company in successfully submitting a high-value bid for the implementation and support of medical eligibility determination software to a state government agency for use with a state-run health insurance exchange

TCLEs

Health Care: Data Privacy and Security Issues

Prevent the Cloud from Putting Your Health Data at Risk

Blogs

Are you covered? Emerging issues for health care providers under cyber risk insurance

Top takeaways from 33rd Annual IAHA Annual Meeting

Cybersecurity is once again a hot topic as Illinois undergoes PIPA update

Introducing Tracking Cannabis, a legal blog by Thompson Coburn

Welcome to Tracking Cannabis, a legal blog by Thompson Coburn

Illinois joins growing list of states to adopt anti-markup legislation; statute impacts all payors

The cannabis industry: how big will it get?

Illinois defines metrics for medical cannabis applicants

FDA issues social media guidance

Publications

Co-Author, "Health Care Information";
Problems in Health Care Law 10th ed. Jones & Bartlett, 2013

Co-Author, Chapter on Data Privacy and Security;
West's Law of Medical Practice in Illinois, 2006 through current edition

Presentations

"Extreme Contracting: Conquering the Challenges";
Rock Island Medical Society, September 2015

"Legal Update: Social Media Risk, Employment Contracting";
Illinois State Medical Society Annual Meeting, April 2014

"Protected Health Information and Social Media";
presentation to Regent Surgical Health, October 2013

"Electronic Health Records: Challenges in Data Privacy and Security";
corporate law department presentation to Fortune 100 client, December 2011

"Bankruptcy Basics";
Client Law Department, Presentation on Executory Contracts, Software Licenses and Escrow Agreements, September 2011

"For Telehealth and Remote Patient Monitoring, the Business Model of the Future Isn't Direct Reimbursement; It's Bundled and Global Payment: A Symposium Debate";
Moderator, 8th Annual Center for Health Symposium, Partners Healthcare Center for Connected Health, October 2011

"Contracting Challenges in Healthcare Law";
Client Law Department Presentation, April 2011

"Electronic Medical Records - Incentive Programs and Meaningful Use";
Client Law Department Presentation, March 2011

"IP Due Diligence";
National Association of Minority and Women Owned Law Firms, 2010 Annual Meeting CLE, November 2010

"Extreme Contracting Challenges in the Global Environment";
National Association of Minority and Women Owned Law Firms, 2008 Annual Meeting CLE, October 2008