Pat is an attorney who focuses his practice on representing health care organizations and is a Certified Information Privacy Professional–US (CIPP–US). He advises clients on a broad spectrum of health care regulatory, clinical trial, data privacy, PBM, health care technology, and transactional matters. He has experience drafting and negotiating health care services agreements and with technology transactions as well as counseling clients on state licensure rules, compliance with fraud and abuse laws, privacy and data protection issues, and the Interoperability and Information Blocking Rules under the 21st Century Cures Act.
Prior to joining Mintz, Pat was corporate counsel for a Massachusetts-based company that provides products and services to individuals with renal disease. In that role, he provided counsel on a broad range of regulatory and compliance matters and drafted and negotiated acute care and other health services agreements. Earlier, he was an assistant general counsel for information technology with the Massachusetts Executive Office of Health and Human Services, where he negotiated technology transaction agreements and assisted with privacy issues. He also previously worked as an attorney with a Massachusetts-based consulting company focused on health care cost containment.
Pat earned his JD with a concentration in Health & Biomedical Law, with distinction. In law school, he served as chief content editor of Suffolk Law’s Journal of Health & Biomedical Law.
While attending law school, Pat worked in the development office of a teaching hospital affiliated with a preeminent medical school. He also served as a legal intern in the hospital’s Office of the General Counsel and as a certified student attorney with the Massachusetts Executive Office of Health and Human Services.
Before law school, Pat worked as sports writer and an editor for B2B health care and technology publications.
Pat is an editor of and contributor to the firm's Health Care Viewpoints.
viewpoints
Mintz Health Law: What We Are Grateful For
January 11, 2023 | Podcast | By Bridgette Keller
Bridgette Keller speaks with the Mintz Health Law team about what they are grateful for as they look back on a year of client service, mentorship, and working together as a team.
OCR Warns Providers Against Disclosing PHI on Social Media Platforms in Response to Negative Reviews in Settlement with Dental Practice
December 22, 2022 | Blog | By Lara Compton, Kathryn Edgerton, Pat Ouellette
As illustrated by a recent Office for Civil Rights (OCR) settlement with a dental practice, health care entities continue to struggle with how to respond to negative online reviews while maintaining compliance with the HIPAA Privacy Rule. Given the significant reputational harm that negative reviews on Yelp and other social media and public platforms (Platforms) can create, providers may be tempted to respond to such negative comments with patient specifics in an attempt to mitigate harm to their businesses.
OIGs Report on Expanded Telehealth Service Access and Use, Program Integrity Risks During Year One of COVID-19 Pandemic
December 21, 2022 | Blog | By Karen Lovitch , Pat Ouellette, Sophia Temis
The Pandemic Response Accountability Committee (PRAC) Health Care Subgroup recently published an expansive report that highlighted the sheer volume of expanded access to and use of telehealth services in certain federal health care programs during the first year of the COVID-19 pandemic. The report also focused on program integrity risks related to this expanded use and included recommended safeguards for future oversight of telehealth services.
MintzRx Newsletter — Your Prescription for the Pharmaceutical Supply Chain
October 3, 2022 | Article | By Theresa Carnegie, Tara E. Dwyer, Xavier Hardy, Stephnie John, Bridgette Keller, Lauren Moldawer, Pat Ouellette, Hassan Shaikh
MintzRx is a regular newsletter providing you with everything you need to know to stay abreast of the legal, regulatory, and industry developments across the pharmaceutical supply chain.
OCR HIPAA Privacy Rule Enforcement Roundup: Right of Access Initiative and Improper PHI Disposal
September 22, 2022 | Blog | By Pat Ouellette
The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) has been busy over the past month announcing new enforcement actions and settlement agreements related to violations of the Privacy Rule implemented under the Health Insurance Portability and Accountability Act (HIPAA). OCR’s latest actions offer a reminder for HIPAA Covered Entities that Privacy Rule enforcement activity can come in a variety of types and sizes.
Summer 2022: Key Trends in Pharmacy Enforcement Actions
August 29, 2022 | Blog | By Lauren Moldawer, Grady Campion, Pat Ouellette
Pharmacies have long been a focus of enforcement actions brought by the Department of Justice (DOJ) and Department of Health and Human Services Office of Inspector General (OIG). This summer has been no exception, with the DOJ and OIG bringing a number of fraud cases against pharmacies and pharmacists. We also saw enforcement against pharmacies for allegedly falsifying prior authorization information and providing more insulin than the pharmacy billed to payors. This blog summarizes some of these and other key pharmacy enforcement trends this summer.
PAMA Laboratory Reporting In Flux: ACLA Wins HHS Lawsuit and Congress Introduces PAMA Amendment Legislation
July 29, 2022 | Blog | By Karen Lovitch , Pat Ouellette
Important developments related to required price reporting to Medicare for clinical laboratories under the Protecting Access to Medicare Act of 2014 (PAMA) have recently occurred. As a result, the clinical laboratory industry is hopeful that Medicare cuts scheduled to resume in 2023 and other aspects of PAMA’s price reporting requirements will be reformed. This blogpost provides an analysis of the ACLA lawsuit and newly introduced legislation that amends PAMA.
What Would the American Data Privacy and Protection Act Mean for the Health Industry?
June 23, 2022 | Blog | By Kate Stewart, Pat Ouellette
All players in the health and wellness ecosystem should be following developments around the American Data Privacy and Protection Act (ADPPA). If enacted, the ADPPA would be a watershed in the regulation of the privacy and security of personal information, including health information. The ADPPA would have a particularly large impact on entities that currently collect, process, and transmit health information but are not subject to HIPAA.
OIG Approves Manufacturer’s Offer of Free Genetic Testing
April 14, 2022 | Blog | By Karen Lovitch , Theresa Carnegie, Pat Ouellette
The Office of Inspector General for the Department of Health and Human Services (OIG) recently published an Advisory Opinion in which it concluded that the provision of free genetic testing and counseling services by a pharmaceutical manufacturer would not result in the imposition of sanctions under the federal Anti-Kickback Statute (AKS) and the beneficiary inducements civil monetary penalty provision (Beneficiary Inducements CMP). This Advisory Opinion is the first to address this type of arrangement and thus provides useful insight for the health care and life sciences industries.
OCR RFI: Have You Implemented Your Recognized Security Practices?
April 13, 2022 | Blog | By Pat Ouellette
The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) released a Request for Information (RFI) to obtain industry feedback and inform potential future rulemaking regarding information security practices and civil money penalties (CMPs) under the Health Information Technology for Economic and Clinical Health (HITECH) Act and the HIPAA Security Rule. OCR is seeking input on how HIPAA covered entities and business associates are operationalizing “recognized security practices” as defined by Public Law 116-321. It is also requesting commentary on the methodologies used to disperse CMPs to individuals harmed by violations of certain privacy or security provisions of the HITECH Act or the Social Security Act, which we will cover in a separate post.
News & Press
Fifty-Nine Attorneys Recognized as 2023 Massachusetts Super Lawyers and Rising Stars
October 12, 2023
Mintz is pleased to announce that 32 attorneys have been named Massachusetts Super Lawyers and 27 attorneys have been named Massachusetts Rising Stars for 2023.
Medicare Advantage and Medicare Part D 2022 Final Rule
April 28, 2021
Analyzing the First Eliminating Kickbacks in Recovery Act (EKRA) Enforcement Action and Its Application to Federal and State False Claims Statutes
February 5, 2020
Comparing and Contrasting AKS and EKRA Safe Harbors: Clinical Lab Impact
September 9, 2019
The Practical Impact of Ariana M. v. Humana Health Plan of Tex., Inc. on ERISA Denials of Benefits
May 1, 2018
Class Arguing False Advertising of Health Supplement Meets Sixth Circuit's Moderate Rule 23 Standards
January 1, 2016
Events & Speaking
Navigating New HHS-ONC Final Rule: Health Information Sharing and AI Use; Compliance Strategy and Policy Development
Strafford Webinar
Virtual
Recognition & Awards
Massachusetts Super Lawyers Rising Stars: Health Care (2023)
Involvement
- Member, International Association of Privacy Professionals