Dan Kagan

His experience includes:

Digital Health

Dan has an active digital health practice advising mid-stage companies on regulatory and operational issues with managing a digital health company and healthcare startups on structure and strategy for developing a scalable digital health business amidst complex, multijurisdictional regulatory challenges. Dan's particular experience in health information privacy and security, fraud and abuse, the corporate practice of medicine, and understanding when digital products may become regulated by FDA, positions him to lead clients through the business hurdles of developing digital health programs. He has assisted clients in developing and expanding telehealth models across the United States, reimbursement developments in telehealth, and navigating the use of health information for artificial intelligence and machine learning algorithm development, among other uses.

Health Information Privacy and Security

Dan represents healthcare and life sciences clients with respect to privacy and security matters, including the development of HIPAA compliance programs, the use of online tracking technologies, website privacy policies and terms of use, breach investigation and reporting, government investigations and healthcare privacy and security matters arising during the due diligence process. Dan has extensive knowledge of state health information privacy and security laws and has assisted clients throughout the US in the investigation, remediation, and breach reporting, as required, of privacy and security incidents. Dan has also defended providers in investigations by the Health and Human Services Office for Civil Rights. Dan has a particular interest in advising clients in the use of data and de-identified data in the context of artificial intelligence, machine learning, and algorithm development. Dan regularly advises on, drafts, and negotiates, business associate agreements and data use agreements.

Health Care Transactions

Dan advises private equity sponsors in their healthcare acquisitions and divestitures, and the on-going representation of their healthcare portfolio companies, including fraud and abuse matters (Stark, AKS, FCA), privacy and security, licensure matters, Medicare and Medicaid billing issues, physician and ancillary provider employment agreements, professional services agreements, and compliance program policies and procedures. His experience spans a wide range of specialty areas including physician practice groups and specialty practices such as obstetrics and gynecology, dentistry, oral & maxillofacial surgery, urology, radiology, orthopaedics, dermatology, pediatrics, pathology, and aesthesia.