Sean Sullivan

• 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 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 the client’s electronic health record (EHR) system, other health IT products, provider network, and various other business lines.
• Advising a telehealth-focused health care organization on regulatory matters, contracting, and telehealth policy as the company has grown rapidly 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.
• 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.

Sean Sullivan is a senior associate with the Health Care Group. Sean assists health care providers and business associates, including health care technology companies, in avoiding liability by ensuring regulatory compliance in operations; 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.

Sean earned his J.D., cum laude, from Georgia State University College of Law. He holds a B.A. from Emory University, where he double-majored in political science and French language and literature.

Bar Admissions

• Georgia

Education

• Georgia State University (J.D., 2007)
• Emory University (B.A., 2004)

Memberships