As chair of our Healthcare Industry Group, Kevin Wood assists all types of healthcare providers in navigating the complex and ever-changing rules that control how they can enter business arrangements with each other and to ensure regulatory compliance. Kevin draws on his deep knowledge of the healthcare industry and its regulatory agencies to ensure his clients are aware of the latest challenges facing those in the healthcare industry, providers and non-providers alike. He works closely with his team to stay ahead of the latest challenges and comes alongside healthcare providers to find practical solutions to meet and overcome these challenges.

Kevin regularly advises clients on entity formation and structure, including analysis and documentation of joint venture arrangements to ensure appropriate organization for regulatory, licensing, and credentialing purposes, and he helps with business acquisitions and dispositions in the healthcare space, especially for due diligence assessment related to compliance needs and for change of ownership requirements.

He is also skilled at analyzing arrangements to ensure compliance with fraud and abuse requirements, including the federal Anti-Kickback Statute, physician self-referral prohibition (aka Stark Law), False Claims Act, and corresponding state law equivalents, as well as developing and implementing appropriate policies and procedures to ensure compliance with privacy, security, and breach notification requirements for healthcare data under HIPAA/HITECH and related laws.

Kevin has extensive experience in analyzing and responding to healthcare data breaches, including interacting with the Office for Civil Rights, U.S. Department of Health & Human Services (OCR), and preparing applicable notice to affected individuals. Kevin regularly assists healthcare providers with obtaining proper licensure, certification, or enrollment so they can provide services and get paid for those services. Kevin also assesses, and counsels clients in responding to, requests and investigations by oversight agencies such as, among others, the Centers for Medicare & Medicaid Services (CMS), Texas Health & Human Services Commission (HHSC), Office of Inspector General of Health & Human Services (OIG), Texas Office of Inspector General-HHSC, and Texas Medical Board (TMB).

Representative Experience

• Advise clients on entity formation and structure, including analysis and documentation of joint venture arrangements to ensure appropriate organization for regulatory, licensing, and credentialing purposes
• Work on business acquisitions and dispositions in the healthcare space, especially related to due diligence assessment for compliance purposes and for change of ownership requirements
• Analyze arrangements to ensure compliance with fraud and abuse requirements, including the federal Anti-Kickback Statute, physician self-referral prohibition (aka Stark Law), False Claims Act, and corresponding state law equivalents
• Develop and implement appropriate policies and procedures to ensure compliance with privacy, security, and breach notification requirements for healthcare data under HIPAA/HITECH and related laws
• Analyze and respond to healthcare data breaches, including interacting with the Office for Civil Rights, U.S. Department of Health & Human Services (OCR) and preparing applicable notice to affected individuals
• Assist with obtaining proper licensure, certification, or enrollment for healthcare providers so they can provide services and get paid for those services
• Assess and respond to requests and investigations by oversight agencies such as, among others, the Centers for Medicare & Medicaid Services (CMS), Texas Health & Human Services Commission (HHSC), Office of Inspector General of Health & Human Services (OIG), Texas Office of Inspector General-HHSC, and Texas Medical Board (TMB)

Kevin is a contributing writer for Winstead’s Destination Health Law blog.