Jennifer P. Whitton

She | Her | Hers

Partner

Atlanta
T +1.404.256.8426
F +1.404.459.5734

Overview

Jennifer Whitton focuses her practice on healthcare law, advising clients in regulatory and compliance matters and structuring complex transactions involving acquisitions, joint ventures and other strategic affiliations. She develops strategies and solutions that assist clients in navigating complex statutory and regulatory requirements, while effectively and efficiently meeting clients' business objectives.

Select Experience

  • Advises institutional healthcare facilities on compliance with healthcare regulatory laws, including federal and state fraud and abuse laws, HIPAA, the Affordable Care Act, and federal and state reimbursement laws.
  • Assists with the structuring of transactions among healthcare providers, including asset purchase transactions, equity transactions, joint ventures, employment agreements, joint venture operating agreements, medical director agreements and management agreements.
  • Advises healthcare clients regarding confidentiality and privacy of medical records, including the structuring of relationships between covered entities and their business associates, HIPAA releases, preparation of HIPAA policies and procedures, and evaluation of HIPAA privacy breaches.
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Experience

  • Advises institutional healthcare facilities on compliance with healthcare regulatory laws, including federal and state fraud and abuse laws, HIPAA, the Affordable Care Act, and federal and state reimbursement laws.
  • Assists with the structuring of transactions among healthcare providers, including asset purchase transactions, equity transactions, joint ventures, employment agreements, joint venture operating agreements, medical director agreements and management agreements.
  • Advises healthcare clients regarding confidentiality and privacy of medical records, including the structuring of relationships between covered entities and their business associates, HIPAA releases, preparation of HIPAA policies and procedures, and evaluation of HIPAA privacy breaches.
  • Advises clients regarding federal and state healthcare fraud and abuse issues, including matters arising under the federal Anti-Kickback Statute, the Stark Law, and the Civil Money Penalty Statute.
  • Represents a variety of institutional healthcare clients in connection with state healthcare licensure matters, including nursing homes, skilled nursing facilities, surgery centers, diagnostic testing facilities, hospitals, home health agencies and infusion agencies, as well as a fertility clinic and egg bank.
  • Provided regulatory and transactional assistance to a multicampus hospital system in the evaluation and development of a clinically integrated network of providers.

Recognitions and Memberships

Memberships

  • Georgia Bar, Health Law Section
  • American Health Lawyers Association
  • Atlanta Legal Aid Society
    • Service Council: Secretary

Pro Bono

  • Represents victims of human trafficking to obtain T-visa status through the Georgia Asylum and Immigration Network (GAIN).
  • Represents clients through the Health Law Partnership (HeLP) to resolve education-related issues (e.g., special education, school discipline problems).

Prior Positions

  • McKenna Long & Aldridge: Associate
  • Law Clerk for Justice Hugh Thompson at the Georgia Supreme Court

Admissions

  • Georgia

Education

  • J.D., Georgia State University College of Law, summa cum laude
  • B.A., Agnes Scott College, cum laude

Blog

In The Blogs

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Health Law Update
Stark and AKS Rules Cross the Finish Line of HHS Regulatory Sprint
By Kimberly S. Ruark
November 25, 2020
With a bold finish, the Department of Health and Human Services (HHS) crossed the finish line of its race to modernize and clarify the regulations interpreting the federal physician self-referral law (Stark) and anti-kickback statute (AKS)...
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Health Law Update
Florida Emergency Power Plan Rule Requires Nursing Homes and Assisted Living Facilities to Obtain Generators
October 17, 2017
The deadline is November 15, 2017 In response to the death of eight nursing home residents after a power failure in Hollywood, Florida during Hurricane Irma, Florida regulators recently issued emergency rules requiring the state’s nursing...
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Health Law Update
The Proposed Common Rule: The Tribe Has Spoken, and They Have Concerns
May 17, 2016
An overview of stakeholder comments on the redefinition of “biospecimen” as a “human subject” and the consent requirements for secondary use of these biospecimens. On September 8, 2015, the U.S. Department of Health and Human Services...
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Health Law Update
FY 2017 IPPS Proposed Rule Results in Modest Increase for Hospitals
May 13, 2016
CMS recently issued a proposed rule updating fiscal year (FY) 2017 Medicare payment policies and rates under the Medicare inpatient prospective payment system (IPPS) and the long-term care hospital (LTCH) prospective payment system...
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Health Law Update
Medicaid and CHIP Managed Care Final Rule: It’s All About Consistency
May 10, 2016
The Centers for Medicare & Medicaid Services (CMS) recently issued a 1,425-page regulation (Rule) on managed care in Medicaid and the Children’s Health Insurance Program (CHIP), dubbed the first overhaul of these regulations in over a...
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