Jennifer R. Breuer represents health care providers and suppliers in transactional, compliance and regulatory matters, with a focus on Stark Law and Anti-Kickback Statute compliance for hospital-physician relationships. Jen also advises on data strategy and privacy law compliance for electronic health records, health information exchanges and other technology platforms. She regularly assists in the development of compliance strategies for ehealth and telemedicine providers.
Prior to attending law school, Jen worked as a strategy consultant to the worldwide pharmaceutical, biotechnology and medical device industries.
Jen is vice chair of Drinker Biddle's Health Care Group and co-chair of the firm’s Women's Leadership Committee.
Jen represents health care providers and suppliers in transactional, compliance and regulatory matters. Representative matters include:
- Representation of a tax-exempt health system in a change of control transaction. Through this transaction, the system parent merged into the parent of another system, and the board of directors of the combined parent was reconstituted with members of both the merged and surviving entity.
- Representation of a critical access hospital in its affiliation with a regional health system. To effectuate the transaction, the critical access hospital adopted the system parent as its own and its bylaws were revised to grant certain reserved powers to the new parent. As part of the transaction, the critical access hospital’s nursing home and senior living facilities were spun out into a new not-for-profit foundation.
- Representation of health system in the determination and voluntary disclosure of potential Stark Law violations.
- Roll-up of five independent single-specialty physician practices into of single “super group” and subsequent general representation of super group, including formation of separate billing company on its behalf.
- Representation of large, multi-specialty physician practice as general counsel.
- Representation of a regional health system in the development and implementation of its compliance program. Jen assisted in the initial structuring of the program and continues to serve as counsel to the compliance committee, including providing counsel on the documentation and reporting of program findings.
Jen advises health care providers and suppliers on data strategy and privacy law compliance. Representative matters include:
- Assisted in the formation of a technology company that developed an interoperable Personal Health Record and Patient Kiosk software and hardware. Jen counseled the client on technology licensing, privacy law, contracting, and risk reduction issues, and also represented the company in its sale to a Fortune 500 software vendor.
- Development of privacy and regulatory compliance strategies for roll-out of electronic health record on subsidized and unsubsidized basis for multi-state health system. End users include employed physicians, independent medical staff members and affiliated and third-party health care providers, including other facilities. She also serves as system-wide privacy counsel, assisting with the determination of breaches, and federal and state law reporting requirements.
- Formation of a regional health information exchange as a joint venture among five health care providers. This representation included the negotiation of the operating agreement and participation agreements governing all members and participants.
- Analysis of operations of multinational pharmaceutical company to determine need for compliance with HIPAA and other privacy laws. Development of privacy compliance strategy, including policies and procedures, for affected business units.
- Represents a national pharmacy chain with respect to privacy matters, including the structuring of permissible data reporting relationships with pharmaceutical companies and the determination and reporting of data privacy breaches.
Best Lawyers®, Health Care Law (2020)
Outstanding Fraud & Compliance Lawyer – Nightingale’s Healthcare News
Awards Methodology (www.drinkerbiddle.com/content/awards)
- Northwestern University, J.D., 1995
- Wesleyan University, B.A., 1988
- Illinois Bar Association