Alan H. Einhorn

Of Counsel

Overview

Alan H. Einhorn is of counsel and a health care business lawyer with Foley & Lardner LLP. Alan represents provider networks, hospitals, clinics, practice groups and individuals in entity formation, corporate reorganization, joint ventures, consolidations, physician/hospital integration strategies, medical staff development and governance, disciplinary matters, and licensure. He also regularly advises clients on strategic, corporate compliance and tax exemption–related issues as well as regulatory issues. Alan is a member of the Health Care Industry and Health Information Technology Teams. He is also co-chair of the Health Care Industry Team Compliance and Operations Work Group.

Prior to joining Foley, Alan was a partner with Nixon Peabody LLP, where he established a strong practice in health care law.

Thought Leadership

Alan has authored numerous articles on health care topics and has spoken at numerous health care conferences and seminars.

Education

Alan earned his law degree from Boston University School of Law and his bachelor’s degree from Cornell University.

Affiliations and Professional Memberships

Alan was a member of the board of directors of the Massachusetts Health Council for 20 years and now serves on the Council’s Advisory Committee. He has served on the board of directors of the National Perinatal Information Center and the National Board of Directors of the American Diabetes Association. Alan has served as chair of the Eastern New England Region of the American Diabetes Association and as chairman of the board, and long-time board and executive committee member of the American Diabetes Association’s Massachusetts Affiliate. Alan recently concluded a two year term as co-chairman of the Boston Bar Association’s Health Law Section Steering Committee. He continues to serve on that committee and is also a member of the Education Committee of the Boston Bar Association, which he also chaired for two years.

Recognition

Alan is a recipient of the 2014 Lynford Lardner Community Service Award in recognition of his volunteer work and civic involvement. He has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system. Alan has been recognized for several years, most recently in 2018 and 2019, by Chambers USA as a leading health care lawyer and described as "a very good attorney with a calm confidence and an appropriately aggressive demeanor." He has also been selected for inclusion in the 2005-2016 Massachusetts Super Lawyers® lists as well as selected by his peers for inclusion in The Best Lawyers in America© since 2010 in the field of health care.

Community Engagement

A former captain of a 'top 10 in the nation' Division 1 college soccer team, Alan served for 10 years as the president of a tax-exempt organization which operates the travel soccer program for the Town of Brookline, Massachusetts. During that time, he spear-headed fundraising efforts which were instrumental to the construction of two artificial surface soccer fields in the Town. Alan has also served on several Town committees which have focused on the development of mixed use housing, and on the design review committee which was tasked with overseeing the development of a new 10 acre park in town and he is president of the Fisher Hill Neighborhood Association. Alan has also ridden in (for 30 years) and served as legal advisor to a 2 day, 160+ mile bikeathon to support cancer research at the Dana Farber Cancer Institute in Boston. It is the most successful athletic fundraiser of its kind in the world, having raised $41 million last year alone.

Admissions

Alan is admitted to practice in Massachusetts and Washington, D.C.

Representative Matters

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Foley advised a hospital network concerning the “medical staff bylaws” and contracting considerations associated with both the network hub’s delivery of telemedicine services to network “spoke” hospitals, and the “spoke” hospitals’ on site delivery of telemedicine services by “hub” providers. Considerations included whether to establish a separate telemedicine category at the “spoke” hospitals, whether to grant medical staff membership (or merely clinical privileges) to telemedicine providers at “spoke” hospitals, what medical staff prerogatives to offer telemedicine providers at “spoke” hospitals, what medical staff obligations to impose on “hub” telemedicine providers, how to implement OPPE and FPPE protocols for the telemedicine providers at both the “hub” and the “spoke” hospitals, and the “hub” and “spoke” hospitals’ respective responsibilities for monitoring and reporting concerns and/or changes in provider privileges and prerogatives. The work assisted the network to move forward with its plans to implement, on a network wide basis, with the implementation of intra-facility telemedicine services.
Foley advised a tertiary hospital regarding the legal and structural implications of establishing and implementing a telemedicine eICU for the hospital’s network of facilities and, potentially, facilities outside of its network. Foley’s work included the evaluation of state licensure and related laws, and contracting and credentialing issues. The work enabled the hospital to establish and implement its off campus telemedicine eICU under the hospital’s license.
Foley assisted a community hospital with unique needs to establish a credentialing by proxy protocol for insertion into its medical staff bylaws. Foley’s work involved collaboration with hospital and medical staff leadership, understanding the hospital’s telemedicine services needs and goals, explaining how the process would work on a day-to-day basis, including the hospital’s and its distant site telemedicine partners’ respective responsibilities, and drafting the protocol. The work enabled the hospital to become “process ready” to take on desired telemedicine services and thereby deepen and expand the hospital’s existing clinical offerings.

Capabilities