Karen S. Lovitch
(she/her/hers)
Chair, Health Law Practice & Chair, Health Care Enforcement Defense Practice
+1.202.434.7324
Karen draws from her deep health care regulatory knowledge to provide legal and practical business counsel to clients across the health care and life sciences industries. Recognized by a client in Chambers USA as an “absolute star attorney in the area of health care compliance,” Karen applies this foundation when representing clients in state and federal government investigations, transactions, and day to day regulatory and operational matters. She is known and highly regarded for her commitment to providing exceptional client service and her unique ability to guide clients through the complex maze of regulatory and business issues, providing holistic guidance on both to in-house counsel. Karen is Chair of the firm’s Health Law Practice and Health Care Enforcement Defense Practice. She is a member of the firm’s Executive Committee.
Karen’s substantial health care regulatory and compliance background includes advising clients on matters pertaining to the federal anti-kickback statute, the Stark law, state statutes prohibiting kickbacks and self-referrals, Medicare and Medicaid program requirements, the Clinical Laboratory Improvement Amendments of 1988 (CLIA), the federal Physician Payments Sunshine Act, and state licensure laws. She routinely works with clients to develop and implement health care compliance programs in order to avoid the government spotlight, oversees internal investigations, and advises clients on the legal, practical, and fraud and abuse implications of business arrangements and sales and marketing practices.
In the transactional context, Karen serves as health care regulatory counsel to clients across the industry, including private equity firms and other investors, in mergers, acquisitions, and other transactional matters. Karen has led many complex due diligence projects involving health care companies in a vast array of industry areas, including behavioral health, laboratories, diagnostic companies, hospice and home health providers, and benefit management companies, to name a few.
In addition to counseling health care and life sciences entities on regulatory matters arising in connection with transactions, Karen represents clients subject to federal False Claims Act investigations and qui tam litigation, state investigations involving false claims/insurance fraud, state and federal surveys and inspections, and state licensure proceedings. Her extensive experience representing clients in high-stakes government investigations has involved the negotiation and structuring of settlement agreements with the US Department of Justice and its US Attorneys’ Offices and state Attorneys’ General Offices, as well as corporate integrity agreements with the Department of Health and Human Services Office of Inspector General. In the negotiation of a recent significant settlement on behalf of a client with several US Attorneys’ offices and the Department of Justice, Karen successfully negotiated no admission of liability or implementation of a corporate integrity agreement.
Karen also specializes in the representation of laboratories and diagnostics companies. She regularly counsels on compliance with CLIA and state laboratory licensure laws, federal and state limitations on billing for diagnostic services, and legal restrictions on sales and marketing activities. Karen has served as regulatory counsel in a number of mergers and acquisitions involving laboratories and diagnostics companies and has represented numerous laboratories and diagnostics companies in state and federal government investigations.
She is a frequent author and speaker on regulatory and compliance issues confronting the industry, and editor of the firm’s Health Care Viewpoints.
Experience
Transactions
- Served as health care regulatory counsel to TPG Capital in its new partnership with existing investors, Summit Partners and Silversmith Capital Partners, to back outpatient behavioral health services provider, LifeStance Health.
- Served as health care regulatory counsel to Kindred Healthcare, a specialty hospital company focused on acute care, and private equity firm TPG Capital in the sale of Kindred Healthcare to national health services provider LifePoint Health, launching the combined company ScionHealth.
- Advised a consortium of investors led by TPG Capital and Welsh, Carson, Anderson & Stowe in their $4.1 billion acquisition of Kindred Healthcare, Inc. (NYSE:KND) and their $1.4 billion acquisition of Curo Health Services. The Kindred Healthcare transaction was recognized by The Deal as the 2018 Private Equity Deal of the Year.
- Provided health care regulatory advice to Myriad Genetics, a Nasdaq-listed molecular diagnostics company, in its acquisition of Assurex Health, an informatics-based precision medicine company.
- Served as health care regulatory counsel to Miraca Life Sciences, Inc., in the sale of the company to Avista Capital Partners.
Investigations
- Negotiated the settlement of a five-year False Claims Act investigation conducted by multiple U.S. Attorney’s Offices and DOJ’s Civil Division on behalf of a national health care provider. We successfully convinced the Office of Inspector General for the Department of Health and Human Services not to pursue a Corporate Integrity Agreement.
- Represented a national health care provider in a False Claims Act investigation conducted by the U.S. Attorney’s Office for the Southern District of New York. The government ultimately declined to intervene, and the relator chose to voluntarily dismiss the case.
- Counseled a specialty laboratory regarding whether and how to make a self-disclosure related to a Medicare overpayment and met with the U.S. Attorney’s Office regarding the self-disclosure, which did not lead to further investigation or enforcement action.
- Served as lead counsel to two national independent laboratories in a federal investigation of violations of the federal False Claims Act based on billing and sales/marketing practices as well as quality of care allegations. The government filed a notice of non-intervention, and the parties reached a settlement through mediation favorable to the laboratories.
- Represented a national health care provider in a False Claims Act investigation conducted by the U.S. Attorney’s Office for the Northern District of Ohio. Following the government’s declination, the court dismissed the case upon the provider’s motion and refused to allow the relator to amend his complaint a second time.
viewpoints
DOJ Reinforces Emphasis on Voluntary Self-Disclosure With Latest Updates to the Evaluation of Corporate Compliance Programs Guidance
October 7, 2024 | | By Eoin Beirne, Nick A. LaPalme, Karen Lovitch
On September 23, 2024, the Criminal Division of the United States Department of Justice (“DOJ” or the “Department”) revised its Evaluation of Corporate Compliance Programs guidance (the “ECCP”). This article focuses on significant revisions detailed in the most recent installment of the guidance.
Federal District Court Holds FCA’s Private Whistleblower Provisions Unconstitutional
October 4, 2024 | Blog | By Grady Campion, Jane Haviland, Karen Lovitch
On September 30, 2024, a federal district court judge held that the qui tam provisions of the False Claims Act (FCA) violate the Appointments Clause of Article II of the Constitution. U.S. ex rel. Zafirov v. Fla. Med. Assocs., LLC, C.A. No. 8:19-cv-01236-KKM, 2024 U.S. Dist. LEXIS 176626 (M.D. Fla. Sept. 30, 2024) (“Zafirov”). While Zafirov’s holding is novel, the constitutional issue raised in that decision is not.
California Governor Vetoes Private Equity and Hedge Fund Health Care Transaction Review Law (AB-3129)
October 1, 2024 | Blog | By Daniel Cody, Kathryn Edgerton, Karen Lovitch
On September 28, 2024, California Governor Gavin Newsom vetoed California Assembly Bill 3129 (AB-3129) originally introduced by California Attorney General Rob Bonta (AG) and Assembly Speaker pro Tempore Jim Wood and passed by the California legislature earlier in the month. While the California legislature can override the Governor’s veto, legislators likely will not take this extraordinary step, which has not been taken in several decades.
DOJ Issues its Highly Anticipated Whistleblower Awards Pilot Program
August 15, 2024 | Blog | By Eoin Beirne, Karen Lovitch , Brian Dunphy, Nick A. LaPalme
In March 2024, at the American Bar Association’s 39th National Institute on White Collar Crime, Deputy Attorney General (“DAG”) Lisa Monaco announced that the Department of Justice (“DOJ” or the “Department”) intended to create a new whistleblower rewards pilot program.
A Mintz Health Care Roundtable: Current Trends in State Health Care Transaction Review and What to Expect in 2024
March 27, 2024 | Blog | By Stephnie John, Daniel Cody, Deborah Daccord, Karen Lovitch
States are increasingly exercising regulatory oversight of health care transactions by enacting laws requiring prior notice or approval of certain health care transactions. Currently, 15 states have enacted health care transaction review laws applicable to for-profit transactions. On Wednesday, March 20, 2024, Mintz members Daniel A. Cody, Deborah A. Daccord, and Karen S. Lovitch engaged in an insightful discussion with Lois Johnson, General Counsel of Massachusetts Health Policy Commission, to discuss the latest developments surrounding these laws and gain valuable insight from Ms. Johnson’s expertise, as Massachusetts was one of the first states to implement a health care transaction review process. The highlights of this informative conversation are summarized below, and the webinar can be viewed here.
DOJ Announces it is Designing a Whistleblower Rewards Program
March 18, 2024 | Blog | By Eoin Beirne, Karen Lovitch , Brian Dunphy, Nick A. LaPalme
In early March 2024 at the American Bar Association’s 39th National Institute on White Collar Crime, Deputy Attorney General (DAG) Lisa Monaco’s keynote remarks previewed the development of new and significant Department of Justice (DOJ or the Department) policy initiatives. Her speech reemphasized many of DOJ’s key themes throughout the current administration, including individual accountability, the importance of strong corporate compliance programs, incentivizing voluntary self-disclosure of misconduct, and adapting to keep up with disruptive technologies such as artificial intelligence.
FTC Hosts Panel and Launches Public Inquiry with DOJ and HHS on Private Equity and Health Care
March 6, 2024 | Advisory | By Karen Lovitch , Bruce Sokler, Joseph Miller , Raj Gambhir
Read about the FTC’s March 5, 2024 workshop on private equity (PE) investments in the health care industry and a joint request for information on the effects of PE transactions in the health care industry issued by the FTC, DOJ, and HHS.
California Bill (AB-3129) Targets Private Equity and Hedge Fund Health Care Transactions
March 1, 2024 | Blog | By Kathryn Edgerton, Deborah Daccord, Karen Lovitch
California Attorney General Rob Bonta (AG) and Assembly Speaker pro Tempore Jim Wood recently introduced legislation (AB-3129) that would authorize the AG to review private equity group and hedge fund health care transactions. The proposed legislation’s stated intention is to address price increases and lower quality of and decreased accessibility to services associated with private equity acquisitions of certain health care entities, including physician practices. This article provides an overview of the proposed bill, an analysis of the key issues raised by the proposed legislation, and suggestions for next steps for those potentially affected by the proposal.
News & Press
Healthcare’s AI Deal Advantage
October 21, 2024
Health Law Practice Chair Karen Lovitch recently spoke with Mergers & Acquisitions about some of the different ways AI is transforming the healthcare industry and how PE firms and strategic buyers are viewing the space advantageously.
Mintz Advises TPG in Strategic Partnership with Surescripts
October 04, 2024
Mintz advised global alternative asset management firm TPG in a strategic partnership with Surescripts®, the nation’s leading health information network. The partnership includes an investment in Surescripts through TPG Capital, the firm’s U.S. and European private equity platform.
Special Report: The 2024 Lab Enforcement Landscape
August 29, 2024
Health Law Practice Chair Karen Lovitch and Of Counsel Samantha Kingsbury were quoted in a G2 Intelligence special report about the 2024 lab enforcement landscape.
The Best Lawyers in America 2025 Recognizes 184 Mintz Attorneys across 56 Practice Areas
August 15, 2024
187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.
Mintz announced today that 42 of its practices and 83 of its attorneys earned recognition in the 2024 edition of Chambers USA, a guide to the country’s leading law firms. Of those included in the guide, 18 attorneys and seven practice areas were awarded Chambers’ highest ranking, Band 1. The firm obtained new listings in three practice areas and 10 of its lawyers were recognized for the first time.
Health Law Chair and Health Care Enforcement Defense Co-chair Karen Lovitch spoke with Laboratory Economics offering insight on two recent cases where the former owner of a Missouri healthcare company, Genotec DX, and clinical laboratory, Advanced Geriatric Management LLC (AGM), and a compliance officer face prison time over fraudulent claims. The former owner admitted to submitting more than $3.8 million in false claims to Medicare, Medicaid, and private healthcare benefit programs.
Mintz Adds Fire Power to Leading Health Law Practice with New Member
December 04, 2023
WASHINGTON, DC – Mintz has deepened its health care bench with the addition of new Member, Rachel Alexander.
Settlement Highlights Benefits of Self-Disclosure
July 5, 2023
Mintz Member Karen Lovitch, Chair of the firm’s Health Law Practice and Co-Chair of the Health Care Enforcement Defense Practice, was interviewed for an article included in the July 2023 issue of Laboratory Economics. Commenting on a recent settlement by a company providing billing services for clinical laboratories, Karen highlights the benefits of self-disclosure when noncompliance is discovered.
BOSTON – Mintz has earned top rankings in the 2023 edition of Legal 500 United States guide. The firm is recognized in 14 practice categories, and 59 individual attorneys are also recognized in the guide, some in more than one category.
BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.
Mintz Member Karen Lovitch, Chair of the firm’s Health Law Practice and Co-Chair of the Health Care Enforcement Defense Practice, was interviewed for an article included in the May 2023 issue of Laboratory Economics, concerning the federal government's continued focus on Covid-19 fraud and recent criminal charges brought by the Department of Justice.
WASHINGTON, DC – Mintz is pleased to announce the inclusion of five Members to the 2023 Washington, D.C. Super Lawyers list.
Mintz Forms Pioneering Women’s Health & Technology Practice
March 09, 2023
Mintz’s new Women’s Health and Technology Practice brings together attorneys from our transactional, intellectual property, health care, FDA regulatory, and litigation teams to serve FemTech and other life sciences clients. The practice advises companies, entrepreneurs, and investors focused on addressing unmet needs in women’s health.
Mintz Debuts 'Femtech' Practice For Life Science Clients
March 9, 2023
Law360 featured the launch of the firm's Women's Health and Technology practice and highlighted founding Members Ellen Janos, Joanne Hawana, Karen Lovitch, and Melanie Levy.
Mintz Member and Chair of the firm’s Health Law and Health Care Enforcement Defense Practices Karen Lovitch was interviewed for an article included in the January 2023 issue of Laboratory Economics covering the top compliance challenges faced by clinical laboratories, Covid-19 testing fraud, and more.
Mintz Appoints New Health Care And Enforcement Defense Leadership
January 18, 2023
BOSTON – Mintz has appointed Brian Dunphy as Co-Chair of the firm’s Health Care Enforcement Defense Group with immediate effect. Brian joins Karen Lovitch, who also serves as Chair of the Health Law Practice, in joint leadership.
Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.
DOJ Crackdown on Genetic Testing Telefraud
August 15, 2022
Mintz Advises Kindred Healthcare in Sale to LifePoint Health, Launching ScionHealth
December 23, 2021
Healthcare Enforcement & Litigation 2022
August 27, 2021
How New Kickback Rules Benefit Health Care Industry: Part 1
December 18, 2020
How New Kickback Rules Benefit Health Care Industry: Part 2
December 18, 2020
CMS Publishes Proposed 2021 Medicare Physician Fee Schedule
August 24, 2020
Mintz Practice Groups and Attorneys Garner Top Rankings in 2020 Edition of The Legal 500 United States
June 12, 2020
TPG Invests in Behavioral Health Firm LifeStance
April 20, 2020
2019 Trends In DOJ Civil Health Care Fraud Cases
January 15, 2020
Hospitals’ Risk May Rise as Anti-Fraud Proposal Narrows Loophole
October 25, 2019
Mintz Recognized by Chambers USA 2019
April 26, 2019
Antiopioid Law Could Criminalize Sales Commissions for Clinical Lab Patient Referrals
April 18, 2019
AHLA Health Care Compliance Legal Issues Manual
March 5, 2019
Chambers USA 2018 Ranks Mintz Attorneys & Practices
May 03, 2018
Private Equity FCA Suit More Likely Outlier Than Omen
March 16, 2018
Laboratory Economics' PAMA Teleconference Highlights
February 19, 2018
2017 Health Care Enforcement Review: Final Thoughts
January 19, 2018
Labs Wage Legal Fights Over Fees, Medical Necessity Checks
November 14, 2017
Leader of Mintz Health Law Practice Karen Lovitch to Speak at 2017 G2 Intelligence Lab Institute Conference
October 11, 2017
Mintz’s Health Law Practice Recognized Among Industry Leaders in Annual BTI Power Rankings
August 17, 2017
New Safe Harbor Allows Labs to Provide Patient Transport
February 28, 2017
Health Care Enforcement Review And 2017 Outlook: Part 4
January 19, 2017
Health Care Enforcement Review And 2017 Outlook: Part 3
January 18, 2017
Health Care Enforcement Review And 2017 Outlook: Part 2
January 17, 2017
Lab Institute 2016 Recap
November 8, 2016
Lesson from RML's $1.1 Million Settlement: Beware of Carve-Outs and Pull-Through Arrangements
October 18, 2016
Mintz Represents Myriad Genetics in Acquisition of Assurex Health
September 08, 2016
CMS finalizes lab fee schedule changes: 5 key takeaways
June 21, 2016
What Is The Anti-Kickback Statute?
January 1, 2015
Events & Speaking
Important Developments in Laboratory Legal, Regulatory, and Compliance Requirements
29th Annual Executive War College on Laboratory and Pathology Management
New Orleans, Louisiana
CMS Final Rule Targeting Private Equity and REIT Ownership of Nursing Facilities
Strafford Webinars
Virtual
Health Care Fraud Enforcement Developments and Whistleblower Avoidance
G2 Lab Institute: Advancing the Profession of Diagnostic Medicine
Virtual Event
Can We Do This? Avoiding Marketing and Business Development Compliance Pitfalls
REDC Member Meeting
InterContinental Minneapolis
Telehealth Regulation & Enforcement: 2021 Year in Review & 2022 Outlook
Mintz & ML Strategies
Online Event
Reducing Patient Leakage by Directing Physician Referrals, AKS Safe Harbors, and Stark Law Exceptions
Strafford
Online Event
HHS’s Holiday Gift to the Health Care Industry: Historic Changes to the Anti-Kickback Statute and Stark Law Regulations
View the Webinar Recording
Received COVID-19 Funding? How to Mitigate and Respond to Enforcement Risks and Government Actions
View the Webinar Recording
Executive War College on Lab and Pathology Management
Current Issues in Clinical Lab and Pathology Law, Compliance, Managed Care Contracting, and More
Sheraton New Orleans
Laboratory & Pathology Management
Executive War College
Sheraton New Orleans 500 Canal St. New Orleans, LA 70130
American Clinical Laboratory Association 2018 Annual Meeting
American Clinical Laboratory Association
Washington, DC
Medicare's Market-Based Payment Startup: Strategic Options & Compliance Red Flags for Labs
Laboratory Economics
Webinar
Trends in Enforcement and Regulatory Guidance - What Should be on Your AKS Radar?
The American Bar Association
Webinar
Hot Topics in Laboratory Compliance
American Health Lawyers Association
Hilton Baltimore Hotel, Baltimore, MD
Publications
- Co-author, What Is...The Anti-Kickback Statute?, Second Edition, Published by the American Bar Association (2022)
- Co-author, Crackdown on COVID-19 Testing Fraud Continues, Published by G2 Intelligence (2024)
Recognition & Awards
Included on the Washington DC Super Lawyers: Health Care list (2017 – 2024)
Best Lawyers in America: Health Care Law (2021 – 2025)
Chambers USA: District of Columbia – Healthcare (2014 – 2024)
Recognized by The Legal 500 United States for Healthcare: Service Providers (2014 – 2024)
Phi Beta Kappa
Involvement
- Membership Committee, The Women Business Leaders of the U.S. Health Care Industry Foundation
- Board Member, DC KinCare Alliance
- Board Member, DC SCORES (2013 – 2016)
- Board Member, Suited for Change (2007 – 2010)
- Foster Parent, Mid-Atlantic German Shepherd Rescue
Recent Insights
Health Law Practice Chair Karen Lovitch recently spoke with Mergers & Acquisitions about some of the different ways AI is transforming the healthcare industry and how PE firms and strategic buyers are viewing the space advantageously.
Karen S. Lovitch
(she/her/hers)