Josiah Irvin is an associate practicing in the firm’s health care practice group. He regularly provides contractual, transactional, compliance and regulatory advice to a wide range of health care clients, including managed care organizations; digital health companies; hospitals, health systems, and pharmacies; pharmaceutical and medical device manufacturers; and alternative and innovative health care providers.
Josiah has experience advising clients in various aspects of regulatory compliance, including reimbursement under federal health care programs and health care fraud and abuse laws, such as the Stark Law, the Anti-Kickback Statute and the False Claims Act, federal and state licensure requirements, fraud and abuse laws, insurer regulation, drug payment standards, and federal compliance program requirements. He also regularly advises clients on data privacy, protection and security matters under HIPAA and state privacy and security laws, and he works with the data, privacy & cybersecurity practice group.
- Advised managed care plans, IPAs, accountable care organization providers on a variety of payment arrangements, including behavioral health and value-base payment contracts.
- Counseled digital health companies, managed care organizations, and health care providers on compliance with federal and state health information technology, privacy and data security laws – such as HIPAA and CCPA – including regarding prospective compliance and responses to potential data security and privacy breaches.
- Defended digital health companies, health providers and product suppliers in connection with investigations by U.S. Department of Justice, various U.S. Attorney’s Offices, and state Attorneys General into alleged Medicare fraud.
- Represented hospitals, managed care plans, pharmaceutical companies, community-based providers, medical device companies, academic medical centers and other for-profit and tax-exempt organizations in corporate transactions, mergers and affiliations on corporate governance, structuring, contracting, operational and regulatory considerations.
- Defended a hospital against a state Medicaid overpayment recoupment action.
- Advised private equity firms on investment considerations for health care targets, including a management services organization and physician group practices.
- Advised practice management companies on state fee-splitting and corporate practice of medicine restrictions, applicability to management services, and structuring compliant agreements.
- Advised private equity firms and strategic health care investors on health care regulatory considerations for health care targets, including state-law fee-splitting restrictions and billing and coding compliance.
- Co-author, “The Challenges Facing Trump's Drug Pricing Order,” Law360 (September 25, 2020)
- Co-author, “HHS Sets Out to Tackle Health Information Access and Exchanges,” Law360 (February 22, 2019)
- Presenter, “Telehealth Web Conference,” Healthcare Association of New York State (April 17, 2018)
- JD, magna cum laude, Boston University School of Law, 2016; articles editor, Boston University Law Review, Health Law with honors concentration
- BA (Economics), University of North Carolina, 2011; Phi Beta Kappa
Admissions / Qualifications
- New York, 2017