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Jessica Captain Novick

Partner

Orlando
T +1.407.649.4025
F +1.407.841.0168
jcaptainnovick@bakerlaw.com
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Overview

Jessica Captain Novick represents healthcare providers and other entities with respect to mergers and acquisitions, corporate structure, and day-to-day operational and regulatory issues. She advises clients in structuring complex business arrangements to comply with complicated federal and state healthcare laws, and prepares sophisticated business agreements and corporate and healthcare compliance plans. Jessica also advises clients on issues related to compliance with the Health Insurance Portability and Accountability Act (HIPAA) and the privacy and protection of health information under related state law. She is known for being thorough and efficient in complicated transactions and when working with challenging time constraints. Her passion for the deal-making process, ability to offer innovative solutions in relatable terms and strong analytical skills allow her to be an effective negotiator.

Select Experience

  • Representing several medical practices (anesthesiology, obstetrics and gynecology, ophthalmology, hospitalist and radiology), veterinarians, ambulatory surgical centers and outpatient surgery facilities in connection with the purchase and sale of stock or assets to a hospital, private equity firm or entity owned by a physician. Negotiating and drafting the purchase agreement and any ancillary documents.
  • Preparing a comprehensive HIPAA Compliance Program for healthcare providers that incorporates Administrative Simplification Provisions of HIPAA, as amended by the final rule issued by the U.S. Department of Health and Human Services on January 25, 2013.
  • Representing several medical practices (pediatric, gastroenterology and urology) in connection with the separation of a physician shareholder from a practice and the buyout of ownership interests in respective entities affiliated with the practice. Drafting a termination notice to the physician shareholder, and negotiating and drafting a separation agreement between the physician shareholder, the practice and affiliated entities.
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Experience

  • Representing several medical practices (anesthesiology, obstetrics and gynecology, ophthalmology, hospitalist and radiology), veterinarians, ambulatory surgical centers and outpatient surgery facilities in connection with the purchase and sale of stock or assets to a hospital, private equity firm or entity owned by a physician. Negotiating and drafting the purchase agreement and any ancillary documents.
  • Preparing a comprehensive HIPAA Compliance Program for healthcare providers that incorporates Administrative Simplification Provisions of HIPAA, as amended by the final rule issued by the U.S. Department of Health and Human Services on January 25, 2013.
  • Representing several medical practices (pediatric, gastroenterology and urology) in connection with the separation of a physician shareholder from a practice and the buyout of ownership interests in respective entities affiliated with the practice. Drafting a termination notice to the physician shareholder, and negotiating and drafting a separation agreement between the physician shareholder, the practice and affiliated entities.
  • Preparing physician employment agreements on behalf of numerous practices (radiology, hospitalist, obstetrics and gynecology, anesthesiology and pediatric).
  • Preparing business associate agreements for numerous medical practices (anesthesiology, radiology and dermatology) to use with their business associates and for other clients in the healthcare industry acting as business associates.
  • Preparing a request for an advisory opinion from the Centers for Medicare & Medicaid Services to determine whether patient referrals by physician employees/owners of a group practice (who operate a professional infectious disease medical practice) made to a not-for-profit corporation in connection with the parties’ proposed collaborative arrangements would violate the Stark Law.
  • Preparing 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.
  • Analyzing management services agreements for different healthcare entities (clinical laboratory, hospitalist, dental practice and cardiac catheterization laboratory) to determine whether the arrangements comply with Florida’s healthcare laws.
  • Representing a healthcare technology company that is focused on providing its clients with informatics on biotech and pharmaceutical products in connection with the purchase of data from a medical practice for the purpose of analyzing utilization, patient trending and market share. Negotiating and drafting the data purchase agreement.
  • Analyzing whether several joint venture relationships (e.g., between a hyperbaric and wound care practice and a hospital, and between a dialysis center and physicians) would violate federal healthcare law.

Recognitions and Memberships

Recognitions

  • Chambers USA: Healthcare in Florida (2015 to 2017)
  • Florida Super Lawyers "Rising Star" (2017 to 2020)
  • 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

News

Press Releases

Publications

Alerts

Articles

Blog Posts

Community

  • COMPACT: Board Member

Services

Industries

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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