Beth Neal Pitman
Partner
Overview
Beth Pitman is an attorney in Holland & Knight's Birmingham office. Ms. Pitman advises healthcare systems and providers and healthcare information technology (IT) businesses when navigating healthcare privacy and cybersecurity regulations, other healthcare regulations and government reimbursement program matters. Her previous experience as general counsel for a health IT (HIT) company is a valuable asset for healthcare companies who appreciate her operational insight regarding the impact on their businesses of privacy and data security regulations and other healthcare regulatory and related contract issues.
Ms. Pitman's experience includes the development and ongoing management of comprehensive Health Insurance Portability and Accountability Act (HIPAA) compliance programs, including drafting and negotiating business associate agreements, policies and training. When a data breach or other privacy regulatory violation occurs, Ms. Pitman guides her clients through the process for responding to the breach and any subsequent federal or state government investigations. She also provides advice to clients related to the frequent changes associated with the many federal healthcare payment programs.
Her HIT-specific experience includes the drafting and negotiation of software licensing and services agreements and interoperability licenses and services, including data liquidity/data use contracts Additionally, Ms. Pitman provides guidance in navigating the Cures Act Information Blocking regulations.
In addition to her HIPAA and HIT experience, Ms. Pitman advises executive management teams and provides counsel on healthcare regulatory matters involved in mergers and acquisitions (M&A) of healthcare providers and facilities, and technology, revenue cycle management and healthcare management services companies.
Representative Experience
- Served as special healthcare regulatory counsel to a private equity investor in its investment in the leading provider of Electronic Visit Verification (EVV) and home health technology solutions
- Served as healthcare regulatory and financial regulatory special counsel to an international technology holding company in the acquisition of a health information technology developer and provider of revenue cycle management services
- Served as healthcare regulatory counsel in sale of teleradiology company to large medical device manufacturer and supplier
- Served as healthcare regulatory counsel in a private equity investment in a tele-behavioral health company
- Provided regulatory guidance and advice to substance use disorder post-discharge monitoring technology emerging business
- Negotiation of health information technology contracts, including electronic medical records technology, on behalf of hospital systems and healthcare practices
- Preparation and negotiation of data use agreements and data strategies for healthcare providers
- Provided advice and contract review and negotiation related to telehealth technologies
- Provided advice and regulatory guidance to healthcare providers related to compliance with cybersecurity laws
- Represented healthcare providers in responses to HIPAA breaches and resulting investigations and compliance reviews by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and state attorneys general
- Represented healthcare providers in investigations and compliance reviews by the HHS OCR arising from alleged failures to provide access to records
- Due diligence support related to HIPAA and data privacy in healthcare transactions for hospital systems, healthcare practices and private equity investment
- Developed comprehensive HIPAA and data privacy compliance plans and strategies for healthcare providers
- Developed policies, training and strategies for hospital systems and healthcare practices related to the Cures Act Information Blocking regulations
- Advised large hospital system in acquisitions of urgent care facilities
- Served as special healthcare regulatory counsel to a large healthcare system in its acquisition of an ACO and affiliated health system
- Served as special healthcare counsel in the sale of hospitals through a plan of liquidation with significant recoveries for unsecured creditors
- Served as healthcare counsel in the clinical integration of a cancer center and hospital system
- Advised hospitals, health systems and healthcare providers regarding general healthcare regulatory matters, including federal and state fraud and abuse compliance, arising in daily operations
- Advised healthcare providers on regulatory issues related to the Medicare Merit-based Incentive Payment System (MIPS) and Promoting Interoperability payment programs
- Preparation and development of comprehensive Office of Inspector General (OIG) compliance plans
- Advised hospitals, health systems and healthcare providers regarding general healthcare regulatory matters, including federal and state fraud and abuse compliance, arising in daily operations
- Advised healthcare providers on regulatory issues related to the Medicare Merit-based Incentive Payment System (MIPS) and Promoting Interoperability payment programs
- Preparation and development of comprehensive Office of Inspector General (OIG) compliance plans
Credentials
- The University of Alabama School of Law, J.D.
- The University of Alabama, B.S., Accounting
- Alabama
- U.S. Supreme Court
- Birmingham Bar Association
- Alabama Bar Association, Health Law Section
- American Health Law Association
- Medical Properties Trust, Board of Directors, 2019-Present; Risk Committee, Chair, 2022-Present; Governance Committee, 2020-Present, Chair, 2022-Present
- One Place Metro Alabama Family Justice Center, Board of Directors, 2021-Present, Secretary, 2023
- STAIR of Birmingham, Board of Directors, 2020-Present
- Junior League of Birmingham
- Chambers USA – America's Leading Business Lawyers guide, Healthcare, 2023-2024
- The Best Lawyers in America guide, Health Care Law, 2023-2025