Rachel B. Goodman

Senior Counsel

Overview

Rachel B. Goodman is a senior counsel with Foley & Lardner LLP, and a member of the firm’s Health Care Practice Group and national Telemedicine & Digital Health Industry Team. Hardworking, creative and dedicated to her clients, Rachel’s practice focuses on representing a wide array of clients nationally with transactional and related regulatory issues in the health care industry including health care providers, physician groups, hospitals, health systems, pharmacies, laboratories, home health agencies, skilled nursing facilities, assisted living facilities, rehabilitation agencies, durable medical equipment suppliers, pharmaceutical companies, health care IT companies, health care industry vendors, investors, entrepreneurs, and startup businesses. She also focuses on matters involving telemedicine, digital health, remote patient monitoring, and virtual care.

“Foley’s Telemedicine & Digital Health Industry Team has been recognized by Chambers USA: America’s Leading Business Lawyers, which states: “Commentators describe the firm as ‘a market leader in telemedicine issues.’ ‘This is the Dream Team.’ ” (Florida, 2020).

Rachel has considerable experience in matters involving fraud and abuse compliance, including self-referral and ant-kickback laws, corporate compliance programs, Medicare and Medicaid reimbursement, self-disclosures and overpayments, health information privacy, telehealth, health care marketing, licensing, change of ownership, enrollment, and corporate and transactional matters involving mergers, acquisitions, due diligence, joint ventures, and other strategic affiliations. She has implemented compliance programs and policies, as well as HIPAA policies and procedures for health care entities of all sizes.

Rachel also works regularly with investors, entrepreneurs, and startup businesses in the health care arena and she advises on a variety of developing legal areas, including creating and implementing scalable telemedicine programs.

Representative Matters

  • Advised various telehealth companies on navigating federal and state changes in provider licensure and telehealth modalities during the COVID-19 public health emergency. The work allowed the companies to immediately take action and expand their platforms to provide services across multiple states
  • Counsels clients on fraud and abuse issues, including federal and state anti-kickback and self-referral compliance
  • Counsels clients on how to create, grow, and scale compliant telehealth business models
  • Advises clients on billing, coding and refund issues, including 60-day repayment rule issues
  • Advises clients regarding Medicare and Medicaid enrollment, coverage and payment issues
  • Advises clients regarding state licensure issues, including responding to adverse licensure actions
  • Advises clients regarding disclosing matters pursuant to the CMS Self-Referral Disclosure Protocol and the OIG Provider Self-Disclosure Protocol
  • Assists providers and suppliers in the development of health care compliance programs, including compliance training materials, policies, and procedures
  • Assists clients with compliance with OIG imposed corporate integrity agreement obligations
  • Assists providers and suppliers in the development and enforcement of HIPAA policies and procedures, and responding to OCR investigations

Transactional Representative Experience

  • Provides health regulatory-related due diligence reviews and advises clients regarding health regulatory requirements and risks related to acquisitions and sales of health care entities
  • Assists both providers and private equity clients in structuring and completing large transactions on buy and sell side for hospitals, home health agencies, outpatient physical therapy providers, skilled nursing facilities, and physician groups
  • Initiates and completes all state and federal licensure related filings necessitated by the purchase and sale of clients’ businesses

Education and Accolades

While in law school, Rachel was a judicial intern for the Honorable Mark A. Pizzo, United States Magistrate Judge for the Middle District of Florida. Rachel was selected for inclusion to the Florida Super Lawyers® - Rising Stars list (2020) and named in the 2021 edition of The Best Lawyers in America© in the health care area. Rachel received her law degree from Stetson University College of Law (J.D., magna cum laude, 2010), where she was a research assistant and the Assistant Editor for the Stetson Law Review. Rachel is also a graduate of Transylvania University (B.A., magna cum laude, 2004). Stetson University College of Law, (J.D., magna cum laude, 2010)

Community Engagement and Professional Memberships

  • American Health Lawyers Association
  • The Florida Bar, Health Law Section
  • Tampa Connection Class of 2016

Admissions

  • Florida (2010)
  • United States District Court Middle District of Florida (2010)

Capabilities