Rachel B. Goodman is a partner with Foley & Lardner LLP, and a member of the firm’s Health Care Practice Group and national Telemedicine & Digital Health Industry Team. Hardworking, creative and dedicated to her clients, Rachel’s practice focuses on representing a wide array of clients nationally with transactional and related regulatory issues in the health care industry including health care providers, physician groups, hospitals, health systems, pharmacies, laboratories, home health agencies, skilled nursing facilities, assisted living facilities, rehabilitation agencies, durable medical equipment suppliers, pharmaceutical companies, health care IT companies, health care industry vendors, investors, entrepreneurs and startup businesses. She also focuses on matters involving telemedicine, digital health, remote patient monitoring and virtual care.
“Foley is the premier firm for telehealth counsel.”
“A market leader in telemedicine issues.”
“This is the Dream Team.”
Chambers USA: America’s Leading Business Lawyers (2020, 2021)
Rachel has considerable experience in matters involving fraud and abuse compliance, including self-referral and anti-kickback laws, corporate compliance programs, Medicare and Medicaid reimbursement, self-disclosures and overpayments, health information privacy, telehealth, behavioral health, health care marketing, licensing, change of ownership, enrollment and corporate and transactional matters involving mergers, acquisitions, due diligence, joint ventures and other strategic affiliations. She has implemented compliance programs and policies, as well as HIPAA policies and procedures for health care entities of all sizes.
Rachel also works regularly with investors, entrepreneurs and startup businesses in the health care arena and she advises on a variety of developing legal areas, including creating and implementing scalable telemedicine programs.
The Value Foley Brings to Telemedicine Companies
Representative Experience
- Advised various telehealth companies on navigating federal and state changes in provider licensure and telehealth modalities during the COVID-19 public health emergency. The work allowed the companies to immediately take action and expand their platforms to provide services across multiple states
- Counsels clients on fraud and abuse issues, including federal and state anti-kickback and self-referral compliance
- Counsels clients on how to create, grow and scale compliant telehealth business models
- Advises clients on billing, coding and refund issues, including 60-day repayment rule issues
- Advises clients regarding Medicare and Medicaid enrollment, coverage and payment issues
- Advises clients regarding state licensure issues, including responding to adverse licensure actions
- Advises clients regarding disclosing matters pursuant to the CMS Self-Referral Disclosure Protocol and the OIG Provider Self-Disclosure Protocol
- Assists providers and suppliers in the development of health care compliance programs, including compliance training materials, policies and procedures
- Assists clients with compliance with OIG imposed corporate integrity agreement obligations
- Assists providers and suppliers in the development and enforcement of HIPAA policies and procedures and responding to OCR investigations
Transactional Representative Experience
- Provides health regulatory-related due diligence reviews and advises clients regarding health regulatory requirements and risks related to acquisitions and sales of health care entities
- Assists both providers and private equity clients in structuring and completing large transactions on buy and sell side for hospitals, home health agencies, outpatient physical therapy providers, skilled nursing facilities and physician groups
- Initiates and completes all state and federal licensure related filings necessitated by the purchase and sale of clients’ businesses
Awards and Recognitions
- Recognized by Chambers USA: America’s Leading Lawyers as Up and Coming in the practice area of Healthcare (Florida) (2024)
- Selected by her peers for inclusion in The Best Lawyers in America© in the field of Health Care Law (2021-2024)
- Selected for inclusion to the Florida Rising Stars list (2020)
- Recognized, “Legal Elite – Up & Comer,” Florida Trend magazine
Affiliations
- American Health Lawyers Association
- The Florida Bar, Health Law Section
- Tampa Connection Class of 2016
- Member, American Telemedicine Association (ATA):
- Remote Patient Monitoring: The purpose of the remote patient monitoring (RPM) SIG is to foster collaboration, education and thought-leadership opportunities among its members and external groups relating to RPM. With the goal of enabling RPM to become the standard of care.
- TeleRehabilitation SIG: The TeleRehabilitation Special Interest Group (SIG) aims to enhance access to rehabilitation services through the use of telehealth technologies, and to be a catalyst for telehealth adoption and innovation.
- Home Telehealth SIG: Established in 1999 to support the expansion and utilization of telehealth, remote monitoring and disease management applications in the patient’s place of residence. These services may be provided through a variety of healthcare delivery models that include, but are not limited to, physician practices, home care, hospital-based care, nursing home care, and call centers.
Presentations and Publications
- Co-author, “Artificial Intelligence in Health Care: Key Considerations for Oncology,” Health Care Law Today (September 25, 2024)
ATA EDGE2024 Policy Conference | American Telemedicine Association
