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.
His experience includes:
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
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 (2023)
My latest insights
American Hospital Association sues HHS over HIPAA online tracking technology bulletin
15 November 2023 .9 minute read
OIG releases advisory opinion re-analyzing online healthcare directories
20 July 2023 .12 minute read