Alan H. Einhorn

Of Counsel

Overview

Alan H. Einhorn is of counsel and a health care business lawyer with Foley & Lardner LLP. Mr. Einhorn 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. Mr. Einhorn 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, Mr. Einhorn was a partner with Nixon Peabody LLP, where he established a strong practice in health care law.

Thought Leadership

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

Education

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

Affiliations and Professional Memberships

Mr. Einhorn 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. Mr. Einhorn 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. Mr. Einhorn 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

Mr. Einhorn 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. Mr. Einhorn has been recognized for several years 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, Mr. Einhorn 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. Mr. Einhorn 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. Mr. Einhorn 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

Mr. Einhorn 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 regional network to be the first in its area to introduce telemedicine services to members of its service area community. Foley’s work included advising the network regarding the service platform it planned to utilize, helping to negotiate the platform agreement and associated professional services agreement, preparing a privacy policy and terms of use, and advising on implementation and related issues.

Capabilities