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Lara D. Compton

(she/her/hers)

Member

LDCompton@mintz.com

+.1.424.259.4019

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Lara is a trusted advisor to clients ranging from traditional health care providers to disrupter digital health platforms as they navigate the practical and regulatory challenges of health care innovation. Her unique depth of knowledge across HIPAA privacy and other regulatory issues governing the use of data, state and federal fraud and abuse laws, business planning and operational issues has led colleagues to describe Lara as the “Swiss Army knife” of health care problem-solving.

Working at the intersection of health care and technology, Lara counsels telemedicine and other digital health clients on business plan strategy and implementation, state-specific telemedicine regulation, corporate practice of medicine, the scope of practice, fee splitting, anti-kickback, reimbursement, and other health care regulatory issues. Leveraging her prior in-house experience at two nonprofit health systems, she also advises health care providers on the incorporation of telehealth and other technology infrastructures, which has seen a vast uptick as a result of the COVID-19 pandemic.

Lara advises health care providers, clinical trials companies, ancillary providers, technology start-ups, HMOs, insurance companies, and large technology companies on HIPAA and other health data privacy and security regulations, including developing and implementing HIPAA compliance programs. She has also led significant HIPAA breach investigations, advising clients on risk management and mitigation efforts.

Prior to joining Mintz, Lara was a partner at a boutique health care law firm, where she helped lead the regulatory practice, guiding clients not only on risk avoidance but also on essential challenges of growth, including the transition to value-based care arrangements and the development of new health technology and digital health–related products and services. She also served as an in house attorney at two nonprofit health systems, Sutter Health and Community Medical Centers, where she advised extensively on Anti-Kickback, Stark Law, day-to-day operational risk and cost control management as well as creating, evaluating and implementing internal policies, compliance programs, and marketing and training initiatives.

Lara is regularly invited to speak on challenges facing the health care industry, including HIPAA and other regulatory issues. Lara will discuss data privacy and security, fraud and abuse, HIPAA concerns, interoperability, and licensing issues on an upcoming webinar titled Digital Health in the Metaverse.

She maintains an active pro bono practice and has been recognized as a Pro Bono Champion by the American Health Lawyers Association.

A member of the LA Tri Club, Lara trains as a triathlete, runs several triathlons a year, and competes in the 70.3-mile Half Ironman.

Experience

Telehealth, Digital Health, and Health Information Technology

  • Structured health technology business models to comply with health care laws and regulations.
  • Represented several telehealth and management company clients in responding to California Medical Board information requests and investigations.
  • Managed regulatory due diligence in connection with the proposed sale of a telehealth provider.
  • Successfully negotiated a software development agreement with a large health care system for a software start-up client.
  • Performed regulatory due diligence for a large health care distribution company’s purchase of a health care technology company.
  • Provided ongoing health care regulatory advice to an EHR company.

Hospitals, Health Systems, and Other Health Care Providers

  • Represented California hospitals in evaluating, negotiating, and drafting physician agreements, including professional services agreements, administrative services agreements, call coverage, and hospital-based agreements.
  • Successfully defended a hospital in a million-dollar dispute with the State of California over an incentive it had earned for being an early adopter of electronic health records (EHR). After a routine audit, the State alleged that our client had counted patients wrongly and should only have received $3.27 million of the $4.21 million it had been paid. The discrepancy turned on complex definitions about what constituted a patient day. Specifically, the State alleged that psychiatric bed days were not eligible to be counted in the total bed days for EHR purposes. We argued that the billing and cost reporting of the psychiatric bed days for our client were countable under the State’s program. The administrative law judge agreed with our position and cut the refund request down to approximately $192,000.
  • Developed business associate toolkit to assist a hospital client in managing business associate relationships.
  • Structured joint patient assistance program to address health information privacy and security requirements.
  • Developed a toolkit to assist a hospital client in managing patients who are refusing discharge or are otherwise difficult to place in an appropriate level of care.
  • Restructured management services agreements to comply with California corporate practice of medicine prohibitions.
  • Investigated health care compliance implementation deficiencies for a hospital system and provided recommendations for improving the compliance program.
  • Served as lead regulatory counsel to a large health system in its Chapter 11 bankruptcy case, the largest hospital bankruptcy in US history. The matter has involved corporate and regulatory support for the system’s day-to-day operations as well as extensive regulatory work on the sale of the system’s six hospitals, including counsel regarding California attorney general conditions and the approval process.
  • Managed due diligence and pre- and post-acquisition notices for venture capital purchase of multiple ambulatory surgery centers and pain clinics.

Life Sciences and Medical Devices

  • Negotiated settlement of disciplinary action with the California Board of Pharmacy for a medical device wholesaler.
  • Evaluated medical device and biotechnology company marketing campaigns for compliance with the federal Anti-Kickback Statute and other fraud and abuse laws.
  • Evaluated proposed marketing materials for stem cell products.
  • Developed a 50-state, post-acquisition regulatory filing plan for a large diagnostics company.
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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.
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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.
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California Legislative Update Part II: Upcoming Changes for Health Facilities

December 20, 2022 | Blog | By Lara Compton, Xavier Hardy

Governor Gavin Newsom signed 997 bills into law in 2022, including a substantial number relating to health care. In Part II of our legislative update, this blog post summarizes many of the laws relevant to health facilities, a number of which will go into effect January 1, 2023.
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Is Your Website Collecting PHI Under OCR's New Tracking Technologies Bulletin?

December 7, 2022 | Blog | By Dianne Bourque, Lara Compton, Kathryn Edgerton, Cassandra Paolillo, Kate Stewart

Covered Entities and Business Associates should promptly and carefully review their use of online tracking technologies on their websites and mobile apps following a bulletin (Bulletin) published by the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) last week.  The Bulletin addresses multiple facets of compliance with HIPAA when using online third-party tracking technologies (Tracking Technologies).  In doing so, OCR significantly expands its interpretation of the definition of Protected Health Information (PHI) to include, in some instances, identifiable information gathered by Tracking Technologies where a user visits a website and does not interact with the entity in any other way. In its Bulletin, OCR interprets the act of an individual visiting a website as evidence of a relationship or anticipated future relationship between the visitor and the entity.
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As of the close of the 2021-22 legislative session, Governor Gavin Newsom signed into law health care related legislation tackling issues from management of health care costs to reproductive rights. In Part I of our legislative update, we summarize many of the laws relevant to licensed health care professionals.
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The health omnibus trailer SB-184, which created the Office of Health Care Affordability (OHCA), is set to usher in a significant change in California’s health care regulatory landscape. In this post, we provide a preliminary review of the material changes that are set to begin in 2024.
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A new California law (AB 1278) will require physicians and their employers to provide patients with several forms of notices about the Open Payments database, starting January 1, 2023. The law is intended to increase patients’ awareness of the Open Payments database so they can make informed decisions about drugs and devices prescribed by their physician. This blog post provides an overview of the Open Payments Program, what exactly California's AB 1278 entails, and the implications of the law come January 2023 and January 2024. 
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California Attorney General Probes Bias in Health Care Algorithms

September 12, 2022 | Blog | By Lara Compton, Jane Haviland

A spurt of letters from California Attorney General, Rob Bonta, to leaders of hospitals and other health care facilities sent on August 31, 2022 signaled the kickoff of a government probe into bias in health care algorithms that contribute to material health care decisions. This blog post highlights the California Office of the Attorney General’s initiative to address disparities in health care and what this probe may mean for the use algorithms and AI in health care. 
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White House Issues Telehealth Guidance on Substance Use Disorder Services

July 11, 2022 | Blog | By Lara Compton, Cody Keetch, Jean D. Krebs

On June 22, 2022, the White House Office of National Drug Control Policy (ONDCP) issued guidance advocating for Congress and federal agencies to make permanent certain telehealth access measures for people struggling with substance use disorders (SUD). The guidance, titled Telehealth and Substance Use Disorder Services in the Era of Covid-19: Review and Recommendations (Guidance), made four recommendations geared at increasing telehealth access, utilization, and equity among individuals who have experienced an SUD. This blogpost with provide an analysis of the four recommendations and their implications. 
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Events & Speaking

Speaker
Jan
31
2023

New Technology: Considerations for Evaluation, Development, and Implementation?

Physicians and Hospitals Law Institute 2023

Renaissance Orlando at SeaWorld®

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Speaker
May
25
2022

The Evolving Health Care Privacy Landscape

Women Business Leaders of the U.S. Health Care Industry Foundation (WBL) Event

Online Event

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Speaker
Apr
6
2022

Telehealth Risk Management

Mintz

Online Event

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Speaker
Oct
22
2021

Health Law Review 2021 Virtual Fall Symposium

Indiana University Robert H. McKinney School of Law

Online Event

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Moderator
Oct
20
2021

Cultivating Well-Being and Success

Mintz

Shutters on the Beach, Santa Monica, CA

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Aug
18
2021

Health Care Leadership Panel & Awards

Los Angeles Business Journal

Virtual Event

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Speaker
Jun
30
2021

Provider Compliance: Information Blocking and Patient Access

California Society for Healthcare Attorneys

Webinar

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Recognition & Awards

  • Los Angeles Business Journal: Leaders in Law - Firm Attorney Nominees (2021)
  • Recognized by the Los Angeles Business Journal as one of the Trusted Advisors of the Year for the Health Care Leadership and Panel Awards - Attorney Nominees (2021); Finalist (2022)
  • American Health Lawyers Association: Pro Bono Champion (2014)
  • Best Lawyers in America: Health Care Law (2023)
  • Los Angeles Business Journal Women's Leadership Awards Nominees (2022)
  • Named a Business of Law Visionary in the Los Angeles Times B2B Publishing's Business of Law: Trends, Updates, Visionaries magazine (2022)
  • Los Angeles Business Journal Leaders of Influence: Thriving in Their 40s (2022)
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Involvement

  • Member, American Health Lawyers Association
  • Member, California Society for Healthcare Attorneys
  • Vice Chair, LACBA-LACMA Committee on Biomedical Ethics
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Lara D. Compton

(she/her/hers)

Member

Los Angeles