Hannah E. Zaitlin’s practice focuses on advising investors, health systems, physician groups, and health service providers across the health care continuum in mergers, acquisitions, divestitures, restructurings, joint ventures, and strategic affiliations. She is a partner in the firm’s Health Care Transactions and Health Care Regulatory Practices.
Hannah has played a leading role in several transformational transactions for nonprofit health systems in recent years and has significant deal experience involving physician groups, physician practice management companies, post-acute care, ambulatory surgery centers, durable medical equipment (DME) providers, and telemedicine companies. Clients rely on Hannah for key health care transactions, as she brings a unique combination of experience in transactional, governance, health care regulatory, and compliance matters.
Hannah also works regularly with investors, entrepreneurs, and startup businesses in the digital health arena, particularly in the areas of telepsychiatry, behavioral health, and substance use disorder treatment. She frequently advises on innovative business models, corporate structuring, and compliance 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)
The Value Foley Brings to Telemedicine Companies
Representative Experience
- Acted as lead counsel to Saint Luke’s Health System (Kansas and Missouri) in its affiliation with BJC Health System (Missouri and Illinois).
- Represented health and care experience company Transcarent in acquiring AI-powered virtual care platform capabilities and the care business of 98point6 in a deal worth up to US $100m. The acquisition gave Transcarent access to 98point6’s leading AI-powered virtual care technology and an affiliated medical group of providers skilled at delivering high-quality, on-demand care.
- Served as legal adviser to Thirty Madison, a leading chronic care management platform, in its strategic acquisition of assets from The Pill Club.
- Represented Advocate Aurora Health in its strategic combination with Atrium Health to create the fifth-largest nonprofit health system in the country, with US $27bn in combined revenue and 67 hospitals located in six states.
- Represented LCMC Health in connection with its acquisition of East Jefferson General Hospital, a public health system on the east bank of Jefferson Parish, Louisiana. The deal required approval by voters and the Attorney General and various other regulatory approvals.
- Represented AccentCare, Inc., a nationally recognized leader in post-acute care, in its acquisition of Southeastern Healthcare at Home through a competitive auction process. A provider of home health care, Southeastern Healthcare at Home has 16 offices in Pennsylvania and Virginia, and the transaction enabled AccentCare, Inc. to expand its footprint in the mid-Atlantic region.
- Represented Avera Health in the sale of its national telemedicine subsidiary, Avera eCare, to private equity firm Aquiline Capital Partners. Avera eCare is one of the largest and most comprehensive virtual care providers in the world — partnering with more than 600 health care systems, rural hospitals, outpatient clinics, long-term care and assisted living facilities, and schools to deliver innovative care across the country.
- Represented Edward-Elmhurst Healthcare in its merger with NorthShore University HealthSystem (NorthShore), an integrated health care delivery system based in Illinois. The transaction created one of the largest systems in the Chicagoland area, bringing together over 25,000 employees, and 9,000 physicians through a network of nine hospitals and more than 300 ambulatory facilities.
- Regulatory counsel to Numotion, the nation’s leading and largest provider of products and services that provide mobility, health, and personal independence, in connection with its acquisition of SpinLife.com, the market leader in online retail Durable Medical Equipment (DME) for the aging population, as well as people living with disabilities. Numotion’s acquisition of SpinLife joins two market leaders in retail and third-party reimbursed products and enables the combined company to serve more customers with a broader portfolio of products and services.
- Represented physician group in sale of ophthalmology and optical practice, as well as affiliated ASC, to a leading physician practice management company and ASC operator. The transaction was a combined asset and equity sale, which also involved negotiation of a lease for the ASC and post-closing physician employment agreements, as well as Michigan regulatory approvals.
- Represented leading national provider of home health services in joint venture transaction with regional, mobile, primary care provider platform.
- Served as regulatory counsel to InSight Telepsychiatry in its merger with Regroup Telehealth. The merger created the country’s largest and most comprehensive telepsychiatry service provider in the United States, specifically with regard to the combined revenue, national footprint, diversity of client types and diversity and quantity of their provider base. The combination will allow for increased delivery of mental health services across the country in response to a nationwide shortage of specialists coupled with a rising need for behavioral health services.
- Represented large Florida-based primary care provider platform in acquisition of cornerstone physician practice in Oklahoma.
Affiliations
- Past clerk of the Health Law Section of the New Hampshire Bar Association
- Previously served as a member of the board of directors of the University of Maine School of Law Alumni Association
- Former board member and co-membership secretary for the New Hampshire Women’s Bar Association
- Completed the Leadership Greater Manchester program of the Manchester, New Hampshire Chamber of Commerce (Class of 2015)
- New Hampshire Center for Nonprofits Hoffman-Hass Fellowship (Inaugural Class)
- New Hampshire Society of Certified Public Accountants Young Professionals Leadership Academy (Class of 2014)
Presentations and Publications
- Co-author, “Substance Use Disorder Treatment Services: 2025 Physician Fee Schedule Proposed Rule Would Expand Access and Medicare Coverage,” Health Care Law Today (July 29, 2024)
- Co-author, “2023 Going Digital Health’s Behavioral Health Tech Conference: Key Investment Takeaways,” Health Care Law Today (November 27, 2023)
- Co-presenter, “Forming Physician Supergroups: Structural and Regulatory Challenges,” Strafford Webinars (June 26, 2023, and January 13, 2021)
- Co-author, “Medicare Physician Fee Schedule Advances Access to Whole Person Treatment for Substance Use Disorders and Behavioral Health”, Health Care Law Today (November 9, 2022)
- Co-author, “Expanded Medicare Telehealth Coverage for Opioid Use Disorder Treatment Services Furnished by Opioid Treatment Programs”, Health Care Law Today (November 9, 2022)
- Co-presenter, “M&A Core Fluency”, Massachusetts Continuing Legal Education (November 5, 2022)
- Co-author, “Buying, Selling, and Investing in Telehealth Companies: Navigating Structural and Compliance Issues”, Health Care Law Today (October 31, 2022)
- Co-author, “Health Care & Life Sciences Sector Top Trends for 2022”.
- Co-author, “Medicare Telehealth and Substance Use Disorder Treatment: New CMS Reimbursement Requirements,” Health Care Law Today (January 10, 2022)
- Co-author, “PE Firm Pays Record Settlement for Allegedly Deficient Health Services: Identifying Traps for the Unwary,” Health Care Law Today (October 28, 2021)
- Co-presenter, “Recent Developments in Behavioral Health (BH) and Substance Use Disorder (SUD) Treatment,” ACC Health Law Network Legal Quick (September 9, 2021)
- Co-author, “Stark Law Changes Coming to Physician Compensation Models in 2022,” Health Care Law Today (May 24, 2021)
- Interviewed, “Lawyers: Biden Unlikely to Expand Parity to Include Medicare, But Other Behavioral Changes Probable,” Behavioral Health Business (April 1, 2021)
- Co-author, “COVID-19 Compounds Opioid Crisis and Treatment Gaps for Vulnerable Americans: Will a Biden Administration and New Congress Expand Medicare Coverage?” Health Care Law Today (March 3, 2021)
- Co-presenter, “Forming Physician Supergroups: Structural and Regulatory Challenges,” Strafford Webinars (January 13, 2021)
- Co-presenter, “Practice Valuation and Exit Strategy,” ROAMD’s 2020 Annual Meeting (October 2020)
- Co-author, “COVID-19: CMS Publishes Explanatory Guidance on Stark Blanket Waivers,” Coronavirus Resource Center: Back to Business (April 2020)
- Co-author, “COVID-19: CMS Issues Temporary Blanket Waivers of Sanctions for Stark Violations; Health Care Providers Gain Needed Flexibility to Deal with Physician Arrangements,” Coronavirus Resource Center: Back to Business (April 2020)
- Co-author, “Behavioral Health & Substance Abuse Services: Massachusetts Proposal Reflects Focus on Expanding Access and Coverage,” Health Care Law Today (January 2020)
- Co-author, “340B Rate Cuts: DC Court Enjoins and Remands CMS’ 2018 and 2019 Reductions for Hospital Outpatients,” Health Care Law Today (May 2019)
- Co-author, “CMS Recoupment Efforts Stopped by Court While Overpayment Appeals are Pending,” Health Care Law Today (July 2018)
- Co-author, “Navigating Physician Transactions in New Hampshire,” New Hampshire Bar News (January 2018)
- Co-presenter, “Making the Deal: Navigating SNF Transactions While Avoiding Traps for the Unwary,” The New England Alliance Regional Winter Conference (January 2018)
Substance Use Disorder Treatment Services: 2025 Physician Fee Schedule Proposed Rule Would Expand Access and Medicare Coverage
On July 10, the Centers for Medicare & Medicaid Services released the Medicare Physician Fee Schedule Proposed Rule for the calendar year 2025.
Hannah Zaitlin Quoted on IPOs in the Behavioral Health Market
Foley & Lardner LLP partner Hannah Zaitlin is quoted in the Behavioral Health Business article, “Is an IPO Worth It? What Good Exits in Behavioral Health Will Look Like in 2024.”
Foley Represents Saint Luke’s in Merger with BJC Health System
Foley & Lardner LLP represented Saint Luke’s Health System of Kansas City in its transaction with BJC Health System of St. Louis , officially combining as a single integrated, academic, patient-centric Missouri-based health system.
Behavioral Health: CMS Innovation Model Outlines Changes for the Delivery of Integrated Behavioral and Physical Health Care
On January 18, 2024, the Centers for Medicare & Medicaid Services announced a new innovation model designed to improve quality of care and behavioral and physical health outcomes for Medicaid and Medicare patients with moderate to severe mental health conditions and substance use disorders.
2023 Going Digital Health’s Behavioral Health Tech Conference: Key Investment Takeaways
This year’s Going Digital Health’s Behavioral Health Tech Conference was well-attended and rife with insightful panel presentations and discussions featuring key players from across the behavioral health and substance use disorder treatment sector.
CMS Expands Access to Behavioral Health Services; Physician Fee Schedule Expands Billing Providers and Flexibilities
On November 2, 2023, the Centers for Medicare and Medicaid Services issued its 2024 Physician Fee Schedule final rule (Final Rule) for calendar year 2024 that will, in part, implement some of the most important changes to improve access to behavioral health care in Medicare’s history.