Jessica Captain Novick

Partner

Orlando
T +1.407.649.4025
F +1.407.841.0168

Overview

A partner in BakerHostetler’s national Business and Healthcare Groups, Jessica Captain Novick has more than a decade of experience handling corporate, transactional, operational, and regulatory and compliance matters. Her passion for the deal-making process, ability to offer innovative solutions with a business-minded approach and strong analytical skills allow her to provide exceptional client service.

Jessica represents healthcare providers and businesses with respect to mergers and acquisitions and complex business arrangements. Her substantive knowledge of both federal and state corporate and healthcare laws qualifies her to advise on a wide array of regulatory and compliance matters including, but not limited to, matters involving fraud and abuse, privacy and protection of health information, the Paycheck Protection Program, the CARES Act Provider Relief Fund, licensing, clinical research, provider enrollment, corporate practice of medicine and telemedicine. Jessica also prepares sophisticated business agreements such as operating, partnership, buy-sell, purchase and sale, joint venture, management, employment, independent contractor and professional service agreements, as well as corporate and healthcare compliance plans. She is known for being thorough and efficient in complicated transactions and an effective negotiator, even when working within challenging time constraints. 

Select Experience

Mergers and Acquisitions

  • Lead attorney in acquisition and sale transaction involving a primary care physician practice to one of the largest non-profit health systems in the nation.

Privacy

  • Prepares comprehensive HIPAA Compliance Programs, policies and procedures, notice of privacy practices, business associate agreements, risk management plans, security risk assessments, and advising on day-to-day privacy and security compliance matters for a wide range of clients, including medical practices, hospitals, universities, academic medical centers, long term care facilities, research facilities and behavioral health facilities.

Regulatory and Compliance

  • Prepared an emergency petition for variance from a rule, which required Florida nursing homes and assisted living facilities to maintain backup generators and alternate fuel in case of power emergencies, for an assisted living facility that supports intellectually and developmentally disabled residents.

Licensing

  • Lead attorney in obtaining the required licenses across all fifty states for multiple wholesalers and distributors in connection with a private equity firm’s sale of one of its portfolio companies, which generated annual revenue in excess of $35 million.
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Experience

Mergers and Acquisitions

  • Lead attorney in acquisition and sale transaction involving a primary care physician practice to one of the largest non-profit health systems in the nation.
  • Lead attorney in acquisition and sale transaction involving a veterinary practice to one of the largest animal hospital chains.

Privacy

  • Prepares comprehensive HIPAA Compliance Programs, policies and procedures, notice of privacy practices, business associate agreements, risk management plans, security risk assessments, and advising on day-to-day privacy and security compliance matters for a wide range of clients, including medical practices, hospitals, universities, academic medical centers, long term care facilities, research facilities and behavioral health facilities.
  • Represents clients in several different types of industries in connection with security incidents by conducting a breach analysis under HIPAA, advising on notification obligations and preparing notifications to impacted individuals.

Regulatory and Compliance

  • Prepared an emergency petition for variance from a rule, which required Florida nursing homes and assisted living facilities to maintain backup generators and alternate fuel in case of power emergencies, for an assisted living facility that supports intellectually and developmentally disabled residents.
  • Prepared a request for an advisory opinion from the Office of Inspector General of the U.S. Department of Health and Human Services regarding whether remuneration paid by a not-for-profit corporation to a group practice and remuneration received by a not-for-profit corporation from a group practice, in connection with the parties’ proposed collaborative arrangement, would violate the anti-kickback statute.
  • Received a favorable determination in connection with representing an ophthalmology group in a Medicare audit.

Licensing

  • Lead attorney in obtaining the required licenses across all fifty states for multiple wholesalers and distributors in connection with a private equity firm’s sale of one of its portfolio companies, which generated annual revenue in excess of $35 million.
  • Advised a pharmacy in connection with the acquisition of a veterinary compounding pharmacy and drafted the required regulatory filings for multiple pharmacy and sterile compounding licenses across all fifty states.
  • Assisted wholesale drug distributor in connection with obtaining VAWD accreditation from the National Association of Boards of Pharmacy.

Recognitions and Memberships

Recognitions

  • Chambers USA: Healthcare in Florida (2015 to 2017)
  • Florida Super Lawyers "Rising Star" (2017 to 2021)
  • Orlando Home & Leisure Magazine "Top Women Lawyer" (2012)
  • Orlando Life "Orlando's Top Lawyers" (2013)
  • Martindale-Hubbell: AV Preeminent

Memberships

  • American Health Lawyers Association
  • American Bar Association
  • Florida Bar Association: Health Law Section, Tax Section, Business Law Section

Community

  • COMPACT: Board Member
  • Leadership Orlando Class 93 Graduate

Admissions

  • U.S. District Court, Middle District of Florida
  • Florida

Education

  • J.D., University of Miami School of Law, 2007; Legal Intern for the Honorable William M. Hoeveler, U.S. District Court, Southern District of Florida; IRS: Volunteer Income Tax Assistance
  • B.A., University of Florida, 2004, summa cum laude, Phi Beta Kappa

Blog

In The Blogs

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Data Counsel
Court Finds HHS Had No Lawful Basis Under HIPAA for a $4.3 Million Civil Money Penalty: What Does This Mean for Future HHS Enforcement Actions?
By Jessica Captain Novick, Sara M. Goldstein, Lynn Sessions
January 27, 2021
The United States Court of Appeals for the Fifth Circuit recently found that the United States Department of Health and Human Services (HHS) lacked a lawful basis for a $4.3 million civil money penalty order that it issued to a healthcare...
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