- Developing management services organization (MSO) and friendly PC arrangements for clients in all health care specialties based on state corporate practice of medicine (and other professions) restrictions and fee-splitting rules.
- Advising several providers and IT companies, including a Fortune 500 health IT developer and supplier of pharmaceutical and medical supplies, on HHS interoperability and information blocking regulations, including analyzing the impact on electronic health record (EHR) systems, other health IT products, provider network, and various other business lines.
- Advising telehealth-focused health care organizations on regulatory matters, contracting, telehealth, and remote patient monitoring policy, including during significant growth and changes during the COVID-19 pandemic.
- Counseling hospitals, health systems, physician groups, and post-acute care providers on Anti-Kickback Statute, Stark Law, and related state fraud and abuse law compliance, including helping health care providers develop compliant partner relationships and payment programs.
- Advising health care providers on telemedicine and remote patient monitoring program implementation, including licensure issues, informed consent, scope of practice limitations, compliance issues, and reimbursement.
- Overseeing regulatory due diligence and corporate structuring concerns for acquisitions and investments in the health care industry, including advising private equity and other investors on regulatory risk and navigating corporate practice of medicine restrictions.
- Assisting physician groups and hospitals in contracting matters, including for clinical trial agreements, preferred provider programs, and employment agreements.
- Negotiating, drafting, and advising on implementing electronic health record agreements between providers and vendors.
- Advising health care providers and business associates on patient privacy, data security, and HIPAA compliance, including reviewing policies and procedures for privacy and security, breach notification, and security assessments.
- Developed multistate hospice consent policies and forms for a large national hospice provider.
Partner,
- Phone: +1 404 881 4254
- Email: sean.sullivan@alston.com
Faced with regulatory and operational obstacles such as corporate practice of medicine, fraud and abuse, health care data, and reimbursement issues, providers and vendors call on Sean for innovative, practical solutions. Through deep involvement in the health IT community and close relationships with investors, he forms valuable connections with clients by keeping them aware of relevant issues.
- Defending high-exposure government investigations of health care providers and other companies in highly regulated industries, both in criminal and civil investigations.
- Developing policies and procedures for multiple health care providers surrounding committees protected by the quality assurance, medical review, and peer review privileges in health care.
- Drafting and enforcing arbitration agreements for health care providers to limit liability, expedite dispute resolution, and protect patient and provider privacy.
- Assisted a national veterinary practice management company on state corporate practice of veterinary medicine rules, structuring considerations, and regulatory diligence for various acquisitions, including recapitalization and strategic partnership transactions and providing corporate M&A and regulatory counsel.
Sean Sullivan counsels health care providers and vendors in the industry, including health care technology companies, in avoiding liability by ensuring regulatory compliance in operations and partnership opportunities; advising on business forms and transaction structures; investigating, disclosing, and resolving potential noncompliance; defending government investigations; and providing regulatory support to litigation and transactions as necessary. He also regularly advises private equity and other investors on the regulatory risks and structuring considerations associated with investing in the health care industry.
Sean started his legal career in the U.S. Army JAG Corps, where he advised commanders on regulatory matters and defended soldiers and officers accused of misconduct in courts martial and hearings, trying more than 40 cases to verdict during his time on active duty. Since leaving active duty, Sean has focused his career on advising national health care providers in regulatory actions, policy review, compliance, reimbursement, and liability prevention, including corporate practice of medicine, HIPAA, Stark Law, Anti-Kickback Statute, False Claims Act, and CMS rules. He has also litigated complex health care matters, including provider disputes, government investigations, and high-exposure long-term care medical malpractice cases.
Chambers USA: America’s Leading Lawyers for Business has recognized him for excellence in the area of Healthcare.
Bar Admissions
- Georgia
Education
- Georgia State University (J.D., 2007)
- Emory University (B.A., 2004)
Memberships
- Healthcare Georgia Foundation, board of directors (2023–current)
- The Best Lawyers of America®, One to Watch 2021–2022
- American Health Lawyers Association, Privacy and Security Risk Compliance and Enforcement Affinity Group, vice chair of publications (2019–2023)
- American Health Lawyers Association, Health Information and Technology (HIT) Practice Group, Practice Group Leadership (2017–2023), Practice Group Leadership Development Program (2017–2018), social media coordinator (2018–2019), special topics leader (2022–2023)
- Atlanta Volunteer Lawyers Foundation (AVLF), Leadership Council (2016–2021), Nominating Committee chair (2018–2020), Executive Committee (2018–2021), pro bono volunteer
- Health IT Leadership Summit, 2017 Content Committee leadership
- Technology Association of Georgia (TAG) Health Society
- American Bar Association (ABA) Military & Veterans Health Law Interest Group, liaison
- VA Legal Clinic, pro bono volunteer
- Atlanta Bar Association, Litigation Section
- State Bar of Georgia, Health Law Section Mentorship Advisory Committee
- American Bar Association, Health Law Section
- Georgia Academy of Healthcare Attorneys (GAHA)