Whitney Magee Phelps

Whitney Magee Phelps

Shareholder

Whitney Phelps focuses her practice on providing realistic and strategic guidance, solutions and analysis for all types of healthcare stakeholders, including providers of health care and developmental disability services and payors.

Whitney’s experience includes arranging and negotiating complex joint venture agreements. This includes various alternative payment arrangements, between providers and managed care organizations, and other transactions and mergers for clients, with special attention to New York regulatory compliance. Whitney also has wide-ranging experience representing health care entities before the New York State Executive Branch to shape health care policy, Medicaid redesign, laws and regulations.

Prior to joining the firm, Whitney was Director of Managed Care and Associate Counsel at the Healthcare Association of New York State.

Concentrations

  • Joint ventures, mergers, acquisitions, and strategic partnerships
  • Health care regulatory compliance
  • Corporate formation, governance and licensure (including Utilization Review Agent, Claims Adjuster, Independent Practice Associations and Accountable Care Organizations)
  • Pharmacy Benefit Managers (PBMs) and management vendors
  • Not-for-Profit Revitalization Act
  • Reimbursement Issues, including alternative or value-based payments, Medicare and Medicaid and agency review for financial solvency and responsibility (NYS Regulation 164)
  • Home and Community Based Services and Settings (HCBS)
  • Health care antitrust
  • Federal and state self-referral and anti-kickback
  • Corporate practice of the professions and fee splitting
  • Data Sharing and Privacy, HIPAA, HITECH and Part 2
Mehr +

Expertise

Erfahrung

  • Represent Centre Partners about its acquisition of several medical evaluation entities that provide medical and psychological evaluations and case review services.
  • Represent several home care agencies in the acquisition of a certified home health care agency and licensed home care agency, including through the LHCSA moratorium process. Such transactions have been through a stock acquisition and asset acquisition respectively. This has included working with the applicable regulatory agency, DOH, to strategize on the appropriate form for the transaction and contemplating the various Medicare and Medicaid licensing issues. We also drafted and negotiated a management agreement to address how the agencies will be operated in the interim period prior to Closure after DOH approval.
  • Represented EmblemHealth in the continuing consolidation of four affiliated physician practice groups into Advantage Care Physicians, PC, a 400+ physician practice operating in New York City and Long Island.
  • Managed a transaction for a small community hospital entering in to a joint venture with a large academic medical center. Formed a team of attorneys with expertise in healthcare regulatory, bonds, tax, labor and employment, pension and real estate to negotiate and draft a joint venture agreement, operating lease and staffing arrangement through a professional employer organization. On behalf of the client, GT is working with opposing counsel to obtain regulatory approval of the transaction from the IRS, State Attorney General’s office and the NYS Department of Health.
  • Provided advice to several private equity and start-up companies on the corporate practice of medicine and fraud and abuse laws.
  • Represented several Independent Practice Associations and various health plans with respect to a various types of value-based payment arrangements, from drafting the term sheet to negotiating the agreements and obtaining state regulatory approval, including showing financial solvency and responsibility. Also, navigated the transfer of data, patient consents and data sharing agreements to comply with federal and state confidentiality laws.

Anerkennung durch den Markt

  • Camp Dudley YMCA
    • Chair of the Board of Trustees, Camp Dudley, 2019-Present
    • Member, Board of Managers, Camp Dudley YMCA, 2012-Present
  • Member of Bethlehem Central Athletic Association, Girls Soccer and Volleyball Clubs
  • Former Board Member of Riverbrook Residence and Upper Hudson Planned Parenthood

Ausbildung

Akademische Ausbildung
  • J.D., Albany Law School, 2002
    • Executive Editor for Coordinating, Albany Law Review
    • Research Assistant, New York Business Law Journal
  • B.A., summa cum laude, State University of New York at Albany, 1995
  • Smith College, Northampton, MA, 1991-1993
Zulassung
  • Massachusetts
  • New York
  • Supreme Court of the United States
Sprache