Alissa Smith

Alissa represents health systems, hospitals, pharmacies, specialty pharmacies, wholesale distributors, pharmacy benefit managers, long-term care providers, third party administrators, vendors in the healthcare industry, medical practices and other organizations in the healthcare industry. Alissa also represents health care companies in the telehealth space, including telehealth providers, platforms and mail order and online pharmacies. Her practice involves health law transactional work, federal and state health law regulatory compliance advice, and administrative advocacy before state and federal agencies.

Alissa’s transactional practice includes counseling clients in the healthcare industry on all aspects of affiliations, ranging from contractual arrangements to joint ventures to mergers and acquisitions. Alissa also advises on hospital-provider relationships including employment agreements, professional service arrangements, peer review investigations and medical staff fair hearings.

Alissa’s regulatory practice includes the interpretation and application of state and federal fraud and abuse laws such as Stark, Anti-kickback, and the False Claims Act; Medicare and Medicaid rules including payment rules such as Medicare Part D regulations; corporate practice of medicine laws and provider-based regulations; tax-exemption laws; HIPAA and privacy laws; EMTALA laws; and licensing and accreditation requirements.

She also assists with corporate and health system governance issues, including the preparation of policies and procedures, the revision and negotiation of medical staff bylaws, establishing corporate existence including preparing operating agreements and other governance documents, and in assisting in all aspects of participation in accountable care organizations including assisting with the legal structures, policies and procedures and the application process required for participation in the Medicare Shared Savings Program.

Alissa’s administrative practice includes representing healthcare providers in negotiation with a variety of state and federal agencies, such as negotiations with: the DOJ, OIG and DEA in self-disclosures and other healthcare investigation matters; CMS and OIG in EMTALA matters; CMS and their fiscal intermediaries and other contractors in healthcare payment issues; and state licensing and certifying bodies. Alissa regularly represents clients in Certificate of Need hearings; including advising those who are seeking to have their applications approved, and representing those who oppose projects in the Certificate of Need process.