Claire Marblestone

Partner

Overview

Claire Marblestone is a partner and health care lawyer with Foley & Lardner LLP. Her practice focuses on transactional and health care regulatory matters, with an emphasis on HIPAA compliance, corporate practice of medicine, provider enrollment and licensure and certification. She advises hospitals, health systems, physician groups, digital health providers and health care businesses on regulatory and compliance issues presented by telemedicine and telehealth.

Claire provides regulatory and transactional counsel to companies specializing in women’s healthcare.

Transactional Counsel

Claire provides transactional counsel to health care organizations, hospitals, physician groups and other health care companies. She has drafted and negotiated documents relating to hospital acquisitions, health plan acquisitions, health care provider mergers, professional services arrangements and management agreements. She conducts health regulatory due diligence and advises on health care company acquisitions.

Regulatory Compliance

Claire works with clients on state licensure and change of ownership issues, as well as compliance with Medicare and Medicaid enrollment rules and regulations. She has extensive experience developing and implementing compliance programs for long-term care providers and assisting digital health clients with complex health care privacy compliance issues. Claire also provides regulatory advice to health plans and risk bearing organizations on compliance with various state and federal health insurance laws and regulations, including the Knox-Keene Act.

Representative Matters

  • Advised a California hospital on a series of service agreements with orthopedic hospital, and worked with third party valuation firm to opine on fair market value
  • Represented the selling shareholders of a Medi-Cal managed care plan in the sale of the plan
  • Advised a California nonprofit hospital system on licensing and change of ownership issues in connection with management engagement with a strategic buyer
  • Represented a California county in the creation of a public hospital authority and transition of ownership of the public hospital from the county to the hospital authority
  • Structured management and professional services arrangements between clinical providers and management services organization for nationwide concierge medical practice
  • Negotiates business associate agreements for covered entities, business associates and subcontractors
  • Assists clients in responding to HIPAA data breaches and security incidents
  • Negotiates managed care agreements for hospitals, physician groups and other health care providers
  • Counsels health care clients in general corporate and regulatory compliance matters, including California licensure compliance, professional scope of practice issues and marketing compliance

Recognition

  • Recognized, Chambers USA, Healthcare (2020-2021)
  • California Super Lawyers – Rising Stars® list (2019-2020), which recognizes the top 2.5 percent of California lawyers under 40

Selected Publications and Presentations

  • Author, “California Expands Use of Telehealth to Involuntary Commitment Evaluations,” Health Care Law Today (March 2, 2021)
  • Speaker, ABA’s Career Choice Series Webinar (March 6, 2020)
  • Speaker, “Hot Button Issues in Privacy – CCPA and HIPAA,” ACC Health Law Network Webinar (March 3, 2020)
  • Co-author, “FQHCs: Practical Impacts of Governance Requirements,” Health Care Law Today (January 8, 2020)
  • Co-author, “Proposed Changes to Part 2 Rules Ease Substance-Use Disorder Record Sharing,” Health Care Law Today (August 27, 2019)
  • Author, “Changes to California’s Knox-Keene Act Potentially Impact California Health Care Providers,” Health Care Law Today (June 27, 2019)
  • Author, “Health Care Information Exchanges and Price Transparency Initiatives: CMS Requests Input from Providers,” Health Care Law Today (August 13, 2018)
  • Speaker, “340B Program Updates,” Southern California HFMA Summer Program (July 20, 2017)
  • Co-author, “New Attorney General Issues Guidance on Corporate Compliance Programs,” Health Care Law Today (March 6, 2017)
  • Author, “Update on California’s End of Life Option Act,” Health Care Law Today (February 28, 2017)
  • Co-author, “The Joint Commission Bans Text Messaging for Patient Care Orders,” Health Care Law Today (January 9, 2017)
  • Co-author, “California’s End of Life Option Act: Key Requirements and Considerations,” Health Care Law Today (June 1, 2016)
  • Speaker, “Telemedicine Privacy and Security: Safeguarding Protected Health information and Minimizing Risks of Disclosure,” Strafford Webinar (August 13, 2015)
  • Co-author, “OIG Releases Compliance Guidance for Health Care Governing Boards,” Health Care Law Today (April 30, 2015)
  • Co-author, “Privacy Issues in the Sharing of Genetic Information,” Foley & Lardner White Paper (September 18, 2014)
  • Author, “A Matter of Conscience: United States v. Seeger and the Supreme Court’s Historical Failure to Define Conscientious Objector Status Under the First Amendment,” Hastings Constitutional Law Quarterly (Fall 2010)

Education

  • The University of California, Hastings College of the Law (J.D., 2011)
    • Executive note editor, Hastings Constitutional Law Quarterly
    • Judicial extern to the Honorable Richard Seeborg in the U.S. District Court for the Northern District of California
    • Graduate legal research fellow, UCSF/UC Hastings Consortium on Law, Science and Health Policy
  • The University of California, Santa Barbara (B.A., magna cum laude, 2008)
    • Major: history

Professional Memberships and Affiliations

  • Member, Healthcare Law Section of the Los Angeles County Bar Association
  • Member, California Society for Healthcare Attorneys
  • Member, American Health Lawyers Association

Claire serves on Foley’s national Women's Network Committee.

Admissions

  • California