Bryna Shmerling

Bryna Shmerling

Of Counsel
About

Bryna Shmerling is a member of the firm's Healthcare Industry team in the New York office.

Bryna is a trusted and creative healthcare advisor with extensive experience counseling life sciences companies, healthcare providers and suppliers, healthcare startups, healthcare-adjacent technology companies, and investors in a wide range of complex operational, regulatory, compliance, and transactional matters. Her practice focuses on the digital health landscape and helping clients navigate the intersection of life sciences, healthcare regulation, and emerging technology while bringing new care delivery models directly to consumers.

Bryna has deep experience in healthcare regulatory and compliance matters, particularly in the digital health space. She is partially seconded to large life sciences company, where she has played and continues to play an integral role in the development and structuring of various digital health initiatives, including a telehealth platform and a health and wellness chatbot, which included legal red teaming and the structuring and analysis of business relationships with various entities. She is recognized by clients for her ability to translate intricate regulatory frameworks into practical, business-oriented advice, regularly advising clients with respect to state and federal fraud and abuse laws (including the Stark Law and Anti-Kickback Statute), digital health matters, telehealth models, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), state licensure, and the corporate practice of medicine.

Bryna also has extensive experience structuring complex transactions involving the acquisition or sales of healthcare entities and life sciences companies, including urgent care centers, physician practices, pharmaceutical and medical device manufacturers, and healthcare-adjacent technology companies. She has advised private equity sponsors, public companies, small businesses, and individual healthcare providers, and has drafted and negotiated asset and stock purchase agreements, employment agreements, management and administrative services agreements, and shareholder stock restriction agreements, and has led regulatory due diligence investigations, internal investigations, and advised clients regarding material healthcare risks related to acquisitions or sales.

Bryna has also advised on clinical trial agreements and navigated clients through issues related to clinical research and trials, including informed consent, federal and state right to try laws, and fraud and abuse laws.

Bryna has focused her practice on complex healthcare transactions and regulatory and compliance matters throughout her career. She is a member of the American Health Law Association (AHLA) and was voted Ones To Watch for Health Care Law in the 2021 through 2025 editions of Best Lawyers in America. She has published several articles on various healthcare regulatory and compliance issues.

Bryna has her Certificate in Health Law from the University of Maryland Francis King Carey School of Law.

Bar admissionsDistrict of ColumbiaMarylandNew JerseyNew York
CourtsSupreme Court of the United States

EXPERIENCE

  • Advised large pharmaceutical and medical device companies in structuring and implementing various digital health models, including health and wellness chatbots, telehealth platforms, digital companion apps, and prescription drug use-related software
  • Advised international health and wellness venture capital fund in its investment in a US-based telehealth company
  • Assisted a multi-specialty physician practice management company in its partnership with a large gastroenterology physician group
  • Conducted in-house trainings for life sciences clients regarding fraud and abuse compliance, digital health, and enforcement trends

Awards

  • Best Lawyers: Ones to Watch, Health Care Law, (2021 – 2025)
  • Super Lawyers: New York Metro "Rising Star," Health Care Law, (2022, 2023)
Education
  • J.D., University of Maryland Francis King Carey School of Law
    magna cum laude
  • B.S., University of Wisconsin – Madison

Bylines

  • Co-author, Chapter 9: "Privacy and Security Provisions," AHLA Health Care Contracts: A Clause-by-Clause Guide to Drafting and Negotiation, 2nd Edition, (2024)
  • Co-author, "CMS releases highly anticipated proposal for a Medicare coverage pathway for breakthrough devices," DLA Piper Healthcare Regulatory Alert, July 18, 2023
  • Co-author, "HHS Inspector General Adds Enforcement Muscle to Catch Physician Fraud, Bloomberg BNA Health Care Fraud Report," DLA Piper Healthcare Regulatory Alert, August 5, 2015

Seminars

  • "Medicare and Medicaid Changes of Ownership (CHOWs)," Institute on Medicare and Medicaid Payment Issues, AHLA, March 2024

Memberships And Affiliations

  • American Health Lawyers Association
  • American Bar Association