Rachel Ludwig

Rachel Ludwig

Partner
About

Rachel Ludwig represents a wide range of clients in the healthcare and life sciences industry on various regulatory, compliance, and transactional matters. She is a member of the firm's Healthcare Industry team in the Washington, DC office.

Rachel advises healthcare clients on regulatory, compliance, and transactional matters, including strategic structuring and governance issues, digital health regulatory matters, structuring and implementing telehealth networks, fraud and abuse analysis, investigations, self-disclosures, and repayments, health information privacy and security considerations, as well as billing and reimbursement, and licensing and accreditation guidance for healthcare providers and suppliers. Her broad healthcare regulatory expertise is valued by clients, particularly when embarking on significant strategic corporate reorganizations and internal restructurings. Rachel regularly represents healthcare providers with complex corporate footprints through sophisticated structural realignment to enhance regulatory compliance and foster future goals. She also routinely guides clients through strategic healthcare transactions and provides counseling on regulatory requirements and risks related to mergers and acquisitions and private equity investment, including strategic structuring of transactions, navigating the evolving state regulatory landscape with respect to state transaction review laws and corporate practice of medicine restrictions, evaluating and managing risk related to complex fraud and abuse fact patterns, and obtaining all required regulatory approvals from state and federal agencies. Rachel has previously served as an independent reviewer for entities under Corporate Integrity Agreements and also has experience representing providers in certificate of need proceedings.

Bar admissionsDistrict of ColumbiaOhioWest Virginia

EXPERIENCE

  • Advised national healthcare services provider on maximizing regulatory compliance through corporate restructuring and consolidation of entities
  • Guided health system through internal corporate restructuring intended to streamline operations and develop a sound platform for future transactional activities
  • Advised private equity sponsor in developing an autism platform through three transactions
  • Advised private equity sponsor in building and growing a pain management platform through an initial acquisition and subsequent add-ons
  • Advised multiple device manufacturers on complex fraud and abuse questions
  • Assisted multiple clients with internal investigations regarding various billing and coding practices
  • Advised multiple clients with regard to setting up the company's telehealth operations and corporate structure
  • Assisted a multi-specialty physician practice management company in its partnership with a large gastroenterology physician group and various other smaller urology and gastroenterology groups
  • Assisted a technology-enabled care platform providing value-based care and chronic disease management to seniors, in its acquisition of the Medicare value-based care business of a healthcare network
  • Represented multiple health systems (for profit and nonprofit) in certificate of need administrative proceedings and appeals in West Virginia
  • Assisted a buyer in its US$205 million business combination with a clinical-stage biopharmaceutical company that focuses on the discovery and development of innovative antibody-based therapeutics
  • Assisted a special purpose acquisition company in the closing of its business combination a high-growth, differentiated medical practice-building business within the hormone optimization space
  • Assisted the largest national provider of acute care telemedicine in its entry into a definitive agreement to be acquired by health care investment firm
  • Advised on records custodian agreement and business associate agreement to transition medical records from retiring physicians to a healthcare provider
  • Assisted client in selling a senior living facility, providing assistance with healthcare/licensing provisions
  • Assisted in the sale of a senior housing facility to a subsidiary of a senior housing private equity real estate company
  • Assisted in the redemption of interest in owners of three senior housing properties

Awards

The Legal 500 United States

  • Recommended, Healthcare: Service Providers, (2025)
Additional Recognitions
  • One to Watch, Health Care Law, Best Lawyers in America, (2023 – 2025)
  • Rising Star, West Virginia Healthcare, Super Lawyers, (2019)
Education
  • J.D., The Ohio State University Michael E. Moritz College of Law

Publications

  • Co-author, “Management Services Organization Models: Navigating Key Legal, Structural, and Operational Considerations in Physician Practice Acquisitions,” AHLA Health Law Connections, March/April 2024
  • Co-author, "Centers for Medicare & Medicaid Services Issues First HCPCS Code and Medicare DME Benefit Category Determination for Therapeutic Virtual Reality Device," The Journal of Federal Agency Action, July 2023
  • "CMS releases final rule for the Medicare Advantage RADV program," February 7, 2023
  • Co-author, "Health Care Contracts: A Clause-by-Clause Guide to Drafting and Negotiation," Chapter on Health Care Records and Privacy, October 2021
  • Co-author, "What health execs should watch: 2017 Supreme Court cases," Managed Healthcare Executive, January 20, 2017
  • Contributor, "Freestanding EDs Can Have Special Compliance, Liability Concerns," Health Care Risk Management, January 2017
  • Co-editor, "Legal and Operational Guide for Free Medical Clinics," American Health Lawyers Association and American Medical Association Foundation, September 2015
  • Co-author, "Third-Party Premium Payments: Agency, Memos, Rules, Litigation, and More Uncertainty," AHLA Payers Plans & Managed Care Newsletter, v. 17-1, April 2014
  • Co-author, "What You Need to Know About the Two-Midnight Rule," Managed Healthcare Executive, December 2013
  • Co-author, "Clinically Integrated Networks Give Providers and Payers an Opportunity for Transformative Collaboration," BNA's Health Law Reporter, November 2013

Seminars

  • Co-speaker, "Antitrust Considerations in Strategic Planning and Governance," Webinar, February 2023
  • Co-speaker, AHLA Institute on Medicare & Medicaid Payment Issues, March 24-26, 2021
  • Co-speaker, "Telehealth in a COVID-19 World and Beyond, Part Seven: Creating an Audit Plan for Telehealth," Webinar, May 2020

Media Mentions

  • "How 'Creative' PE Deals In Healthcare Are Expected To Shift," Law360 Healthcare Authority, November 19, 2024

Memberships And Affiliations

  • Vice Chair, Business Law and Governance Practice Group, American Health Lawyers Association

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