Elizabeth M. Whitkin
Elizabeth is counsel in Ropes & Gray's health care group. Elizabeth advises health care industry clients, including hospitals, long-term care providers, laboratories, pharmacies, biotechnology companies and health systems, on a variety of regulatory and compliance matters, including state licensing, Medicare enrollment, HIPAA, and compliance with federal and state fraud and abuse laws. Elizabeth also provides advice on complex transactional matters for health care organizations and private equity firms.
- Private Equity - Provide transactional and regulatory advice to private equity clients in connection with sales, mergers, and acquisitions of health care-industry portfolio companies, particularly with respect to complex federal and state licensing and approval matters in connection with the transaction. Recent matters include a sale of a national pharmacy company, an investment in an infusion services provider, and an acquisition of a personal care services agency.
- Long-Term Care - Represent several long-term care providers in a variety of matters, including transactions, licensing, Medicare and Medicaid enrollment, payor contracting, management arrangements, and ongoing compliance advice.
- Privacy and Security - Provide regular privacy incident investigation support to a health care provider client, as well as advice on mitigation response and federal and state breach reporting requirements. Negotiate business associate agreements and provide general advice on HIPAA compliance.
- Contracting - Draft, negotiate, and advise on a variety of contract matters including purchase and merger agreements, joint venture and other affiliations, management agreements, and physician employment and independent contractor arrangements.
- Accountable Care Organizations - Assisted multiple clients in the development of Medicare Shared Savings Program and Next Generation ACOs.
- Medicare Enrollment Matters - Advise a variety of clients on matters related to Medicare enrollment and federal and state disclosure requirements.
- Compliance - Provide general compliance advice on a variety of issues including federal and state fraud and abuse laws, incentive compensation plans, and corporate practice of medicine.
- Co-author, “The New Gov’t Policies Easing Deployment of Health Workers,” Law360 (April 14, 2020)
- Co-author, “California’s New Focus on Drug Pricing Transparency,” Law360 (November 16, 2017)
- JD, Boston University School of Law, 2009; Articles Editor, American Journal of Law & Medicine
- BA (Political Science), With distinction, University of Michigan, 2005
Admissions / Qualifications
- Massachusetts, 2009
- The Best Lawyers in America (2023)