- 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.
合夥人,
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.
律師資格
- Georgia
學歷
- Georgia State University (法學博士, 2007)
- Emory University (學士學位, 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)
Healthy Byte | A Checklist for Deploying Vendor-Provided AI Solutions into Your Health Care Organization’s Workflow
Sean Sullivan, Jen Pike, and Dorian Simmons discuss the steps you should take when deploying AI technologies in health care. They cover how to identify your organization’s goals with AI, how to evaluate vendors, key contract terms, and ongoing auditing processes.
Healthy Byte | Live from HIMSS 25!
Jennifer Everett and Sean Sullivan discuss the trending topics at HIMSS 25, including integrating maturing generative artificial intelligence, workforce development, and cybersecurity.
Healthy Byte | DEA and HHS Finalize Rule on Prescribing Buprenorphine via Telemedicine – Or Did They?
Sean Sullivan, Sofia Molodanof, and Anthony Fanucci examine the final rule on prescribing buprenorphine via telemedicine that was published on January 15, 2025. They discuss the key components of the rule, the implication it leaves for stakeholders, and whether the Trump Administration could revise or kill the rule.
Healthy Byte | DEA and HHS Propose Special Registration for Telemedicine Rule for Prescribing Controlled Substances
Sean Sullivan, Elinor Hiller, and Alex Graf discuss the proposed special registration for telemedicine, changes from the temporary rules, and the difficulties lawmakers are facing to get this done.
Healthy Byte | DEA Again Extends Flexibilities for Prescribing Controlled Substances Via Telemedicine
Sean Sullivan, Sofia Molodanof, and Anthony Fanucci discuss the motivations behind the extension and what’s holding up the final rule and speculate on whether the new Administration might alter the course of this rule.
Healthy Byte | Will the DEA Limit COVID-19 Telemedicine Flexibilities?
Healthy Byte | How Would the 2025 Physician Fee Schedule Change Telehealth Services?
Sean Sullivan and Elinor Hiller discuss how CMS uses the Medicare Physician Fee Schedule annual release to define covered telehealth services, propose telehealth coverage for new service categories, allow audio-only telehealth in certain circumstances, and address Medicare enrollment for telehealth practitioners.
Healthy Byte | The Extension of Virtual Direct Supervision
Sean Sullivan, Tania Khan, and Brian Lee explain “incident to” rules, the extension of virtual direct supervision flexibilities, and which services would be affected by the proposals.
Healthy Byte | New Codes for Advanced Primary Care Management Services and Digital Mental Health Treatment Devices
Sean Sullivan, Tania Khan, and Brian Lee discuss the new G-codes for APCM and their relationship to other care management services like chronic care management (CCM), the similarities between DMHT and remote therapeutic monitoring (RTM) codes, and the likelihood of more categories coming to expand coverage of other digital therapeutics.
Healthy Byte | How Would the ONC’s HTI-2 Proposed Rule Update Information Blocking Exceptions and Definitions?
Sean Sullivan and Tania Khan discuss proposed information blocking updates, including the Protecting Care Access Exception, Requestor Preferences Exception, and third party seeking modification use condition. Released in July 2024, the proposed rule would introduce new changes to information blocking exceptions and related definitions.
Healthy Byte | A Look at the Unexpected First Ruling on EHR Information Blocking
Sean Sullivan and Elinor Hiller discuss highlights from a court order enjoining an electronic health records (EHR) developer from information blocking, including how the court analyzed information blocking exceptions in the context of the EHR developer using security protections like CAPTCHA, use of information blocking rules to further unfair competition actions, and what might come next.
Healthy Byte | Live from HIMSS24!
Sean Sullivan, Jane Lucas, and Tania Khan discuss what they are hearing from policy makers and industry experts on health IT issues such as artificial intelligence and large language models, value-based care, and data collection. They also discuss policy and regulatory developments at the HIMSS’ annual Congressional panel and from the Office of the National Coordinator for Health Information Technology (ONC).
Healthy Byte | SAMHSA Releases its Final Rule on Prescribing for Treatment of Opioid Use Disorder
Sean Sullivan, Anthony Fanucci, and Sofia Molodanof discuss how the final rule updates accreditation and certification standards, reduces the barrier for prescriptions, and provides flexibilities for the use of telemedicine.
Healthy Byte | HIPAA vs. Information Blocking – How Can Providers Thread the Needle?
Sean Sullivan and Elinor Hiller discuss the tension between the HIPAA right of access and information blocking rules, plus the provider disincentives rule, the potential of dual penalties, and how providers can navigate it all.
Healthy Byte: HHS Proposes Rule to Disincentivize Information Blocking for Health Care Providers
Sean Sullivan, Elinor Hiller, and Brian Lee discuss the context for these new proposed disincentives, what’s in the proposed rule, what the effect could be on providers, and the deadline for public comments.
Healthy Byte: DEA and HHS Extend COVID-19-Era Rules for Prescribing Controlled Substances Via Telemedicine
Anthony Fanucci, Sofia Molodanof, and Sean Sullivan discuss the new temporary rule, why the DEA and HHS decided to extend guidance, and how long you can expect the flexibility for prescribing controlled medications via telemedicine to continue.
Healthy Byte: How the New CMS Clarifications Will Affect Your RPM and RTM Services
Tania Khan and Sean Sullivan examine how CMS reinforces existing guidelines and billing requirements for RPM and RTM services – and what remains unclear. They also discuss how you can submit comments before CMS finalizes its rule later this year.
Healthy Byte: Digesting the OIG’s Final Rule on Information Blocking Penalties
Sean Sullivan and Elinor Hiller read between the lines and discuss the effective date, who the rule applies to, enforcement priorities, and potential penalties.
Healthy Byte: DEA Temporary Rule Extends Telemedicine Flexibilities
Sean Sullivan, Sofia Molodanof, and Anthony Fanucci discuss the recent DEA temporary rule that allows telehealth prescribing of certain controlled substances after the Public Health Emergency.
Healthy Byte: Live from HIMMS 23
Jane Lucas, Elinor Hiller, and Sean Sullivan share their impressions from the HIMSS Conference, discuss the intersection of federal policy and health technology, share insights from CMS conference presentations, and highlight top lines from a brand-new Office for the National Coordinator for Health Information Technology (ONC) proposed rule.
Healthy Byte: Reimbursement for Telehealth Through the End of PHE and Beyond
Sean Sullivan and Elinor Hiller expand on their recent “Payments and Reimbursement” chapter in the AHLA Telehealth Law Handbook by discussing the passage of the Consolidated Appropriations Act of 2023, which extends several telehealth flexibilities through 2024, and the reimbursement rules for Medicare telehealth services after the PHE ends.
Healthy Byte: DEA Proposes New Telehealth Exceptions and Extending Telehealth Rx of Controlled Substances
"Sean Sullivan, Anthony Fanucci, and Sofia Molodanof discuss the two long-awaited proposed rules creating new telehealth exceptions to the Ryan Haight Act:
Telemedicine Prescribing of Controlled Substances When the Practitioner and the Patient Have Not Had a Prior In-Person Medical Evaluation
Expansion of Induction of Buprenorphine via Telemedicine Encounter
They also discuss how the proposed rules impact providers and how to weigh in on the rulemaking.