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Dan Kagan


Dan Kagan advises digital health, telehealth, life sciences, and healthcare technology clients on healthcare regulatory compliance and health privacy and security issues, including regulatory considerations regarding the use of artificial intelligence and machine learning within healthcare and life sciences companies.

He has particular experience representing healthcare providers, life sciences companies and digital health businesses, counseling them on a wide range of regulatory, compliance, risk management, transactional, and reimbursement issues. Among these issues are Stark and anti-kickback analyses, structuring scalable telehealth offerings directly to consumers and with third-party payors, corporate practice of medicine and fee splitting compliance, contracting, coding and billing guidance, including Medicare and Medicaid reimbursement questions and audits, compliance with state-law laboratory billing, and physician advertising questions.

Additionally, Dan regularly assists clients on compliance with HIPAA and other laws that govern the collection, use, and disclosure of medical and health information, including laws that govern the de-identification of such information, the use of health information in artificial intelligence and machine learning algorithms, the use of online tracking technologies, and special protections for mental health, substance abuse, and genetic information.

Areas of FocusHealthcare
Bar admissionsConnecticutMassachusettsNew York


His experience includes:

Digital Health

Dan has an active digital health practice advising mid-stage companies on regulatory and operational issues with managing a digital health company and healthcare startups on structure and strategy for developing a scalable digital health business amidst complex, multijurisdictional regulatory challenges. Dan's particular experience in health information privacy and security, fraud and abuse, the corporate practice of medicine, and understanding when digital products may become regulated by FDA, positions him to lead clients through the business hurdles of developing digital health programs. He has assisted clients in developing and expanding telehealth models across the United States, reimbursement developments in telehealth, and navigating the use of health information for artificial intelligence and machine learning algorithm development, among other uses.

Health Information Privacy and Security

Dan represents healthcare and life sciences clients with respect to privacy and security matters, including the development of HIPAA compliance programs, the use of online tracking technologies, website privacy policies and terms of use, breach investigation and reporting, government investigations and healthcare privacy and security matters arising during the due diligence process. Dan has extensive knowledge of state health information privacy and security laws and has assisted clients throughout the US in the investigation, remediation, and breach reporting, as required, of privacy and security incidents. Dan has also defended providers in investigations by the Health and Human Services Office for Civil Rights. Dan has a particular interest in advising clients in the use of data and de-identified data in the context of artificial intelligence, machine learning, and algorithm development. Dan regularly advises on, drafts, and negotiates, business associate agreements and data use agreements.

Health Care Transactions

Dan advises private equity sponsors in their healthcare acquisitions and divestitures, and the on-going representation of their healthcare portfolio companies, including fraud and abuse matters (Stark, AKS, FCA), privacy and security, licensure matters, Medicare and Medicaid billing issues, physician and ancillary provider employment agreements, professional services agreements, and compliance program policies and procedures. His experience spans a wide range of specialty areas including physician practice groups and specialty practices such as obstetrics and gynecology, dentistry, oral & maxillofacial surgery, urology, radiology, orthopaedics, dermatology, pediatrics, pathology, and aesthesia.

  • J.D., University of Connecticut
  • B.A., McGill University


Chambers USA

  • Associate to Watch, New York Healthcare (2021-2024)


  • "Navigating Health Care Data Security and Privacy Rights in Vendor Relationships," HIMSS, March 12, 2024