Health Care Counsel

Arent Fox's health care law blog offers news, analysis, and insights for the health care industry.

Health Care Counsel

Jade M. Kelly

Jade Kelly, Partner at Arent Fox
Jade M. Kelly
Partner
San Francisco, CA
415.805.7947

Jade Kelly is a partner in the San Francisco office, where she is a member of the Health Care Group and Privacy, Cybersecurity & Data Protection Group. She advises health systems, hospitals, long-term care facilities, start-ups and other organizations on business and regulatory matters. Jade has extensive experience counseling clients regarding HIPAA, privacy and security, fraud and abuse, and other health care laws. She often helps start-ups with a broad range of legal issues impacting their businesses. Her practice also includes negotiating and structuring health care business arrangements and transactions, including negotiating and drafting service agreements and other contracts, mergers and acquisitions, setting-up health care entities, and hospital-physician alignment strategies. 

Health Start-Ups

Jade advises start-ups and other businesses operating in the health care industry regarding HIPAA and other health laws that may impact their operations; drafting and negotiating service agreements, terms of use, privacy policies, and other contracts; liaising with colleagues to provide guidance on FDA, intellectual property, labor and employment, e-commerce, and other legal issues impacting the client’s business. Jade makes it a priority to provide start-ups and other small businesses with efficient and pragmatic legal advice.   

HIPAA, Cybersecurity & Data Protection

Jade also advises large institutional health care providers and other entities regarding compliance with HIPAA and other privacy and security laws. She regularly negotiates business associate agreements, gives advice regarding the use and disclosure of health information, handles privacy breaches, and counsels clients regarding special protections for mental health, substance use disorder, HIV, genetic, and other sensitive information. 

Jade successfully represented a large health system in a HIPAA investigation by the HHS Office for Civil Rights regarding a novel issue involving the interplay between HIPAA and California peer review law.

Jade is a frequent contributor to Arent Fox’s Health Care Counsel Blog, where she provides timely updates regarding health information privacy and security on a regular basis.

Health Care Transactions

Jade regularly works on health care business arrangements and transactions. She represents clients in the sale and acquisition of long term care and other health care facilities. She recently handled a multimillion-dollar deal involving the sale and leasing of nine skilled nursing facilities. She also negotiates and drafts management services agreements, professional services agreements, medical director agreements, call coverage agreements, and other provider contracts. In addition, Jade works on hospital-physician alignment strategies, including friendly PCs and co-management arrangements. Jade is currently setting-up a co-management arrangement for a Northern California hospital’s cardiovascular service line.

Previous Work

Prior to joining Arent Fox, Jade worked at a boutique health care law firm in Southern California.

Publications, Presentations and Recognitions

Jade's publications include:

  • Frequent blog posts on www.healthcarecounselblog.com with timely updates regarding health information privacy and security.
  • Co-author “HIPAA: Risks and Enforcement Concerns,” Health Care Litigation and Risk Management Answer Book 2015, Practising Law Institute, 2015
  • "Hospital Medical Staff Members: Reconciling Peer Review and HIPAA," BNA's Health Law Reporter, April 16, 2015
  • Co-author, “State Healthcare Privacy Laws Survey,” American Health Lawyers Association; June 10, 2013
  • “The Trans-Pacific Strategic Economic Partnership: An Opportunity for New Zealand-United States Free Trade – Part II,” California International Law Journal, Vol. 19, No. 1; spring 2011
  • “The Trans-Pacific Strategic Economic Partnership: An Opportunity for New Zealand-United States Free Trade – Part I,” California International Law Journal, Vol. 18, No. 4; fall 2010

Jade's presentations include:

  • HCCA Webinar: "Navigating the Rest of the Iceberg - Privacy and Security Compliance Beyond HIPAA," February 21, 2017
  • California Association Medical Staff Services (CAMSS) Long Beach Chapter 18th Annual Educational Conference, “Reconciling Effective Credentialing with Evidence Code Section 1157 and HIPAA: It Can Be Done,” Long Beach, CA; October 14, 2016
  • California Association Medical Staff Services (CAMSS) Long Beach Chapter 16th Annual Educational Conference, “Hospitalized Medical Staff Members: Peer Review v. HIPAA,” Long Beach, CA; October 17, 2014
  • "Webinar on the Importance of Protecting Your Health Care Organization Against a Cybercrime Attack!," October 23, 2014
  • Arent Fox's 2013 Medical Staff Leaders and the Law Conference, "HIPAA and the Medical Staff," Newport Beach, CA; February 8, 2013
  • California Association Medical Staff Services (CAMSS) Long Beach Chapter 14th Annual Educational Conference, “HIPAA and the Medical Staff 2012,” Long Beach, CA; October 12, 2012
  • California Association Medical Staff Services (CAMSS) Long Beach Chapter 13th Annual Educational Conference, “Wellness & the Absence of Diversion: A Balancing Act,” Long Beach, CA; October 14, 2011

Life Beyond the Law

Jade was born in Australia and grew-up in Scotland and New Zealand. In her downtime, Jade enjoys traveling internationally and drinking good espresso.  

 

Blog Posts by Jade M. Kelly

E-Health, HIPAA / Health Privacy & Security
alert
OCR’s Quick-Response Checklist for Cyber Attacks Useful for Responding to Petya Ransomware Blitz

Earlier this year, ransomware known as Wannacry crippled Britain’s National Health Service and spread across the globe affecting many other organizations, large and small. Now, many organizations are grappling with a new onslaught caused by similar ransomware dubbed Petya. Wannacry and Petya are among a spate of recent ransomware attacks affecting hospitals and other healthcare providers.

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E-Health, mHealth, Telemedicine & E-health
alert
Tally-ho! Flurry of Legislative Activity Signals Ease on Federal Barriers to Telehealth

What’s New?

In recent months, a number of bills have been introduced or passed in Congress that would ease federal health care programs’ restrictions on telehealth. Currently, Medicare has strict limitations on telehealth. But bipartisan groups of Senators have introduced two bills seeking to expand telehealth services covered by Medicare.

Similarly, bipartisan groups in both the Senate and House introduced bills to eliminate the Department of Veterans Affairs’ restrictions on telehealth across state lines. Introduction of these bills comes just a few months after Congress approved a defense bill making telehealth services available under the US Defense Department’s TRICARE program, the health plan for active duty military members and their families.

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.