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 data privacy, 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 a range of regulatory and compliance issues, including unique opportunities presented by telemedicine and telehealth. Claire also provides regulatory and transactional counsel to companies specializing in women’s health care. 

Claire has been recognized by Chambers USA: America’s Leading Business Lawyers:

"Claire’s strengths include her ability to understand our needs and solve issues with our clients accordingly. Claire is polite, extremely diplomatic but firm during negotiations. She is also extremely responsive and understands the law better than anyone we've encountered."

 

Claire is “outstanding, extremely responsive and efficient,” adding: “She is an excellent communicator and negotiator.”

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, joint ventures, health care provider mergers, service agreements, 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 regulatory compliance issues, as well as compliance with Medicare and Medicaid rules and regulations. She has extensive experience assisting digital health clients with complex health care privacy compliance issues, and advising on potential fraud and abuse concerns. 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.
  • Counsels health care clients’ in general corporate and regulatory compliance matters, including California licensure compliance, professional scope of practice issues and marketing compliance.
  • Represented a multi-state women’s health care practice on strategic affiliations with large health systems.
  • Counsels hospitals, physicians and other health care providers on establishing concierge service lines.
  • 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 and advises on data privacy issues.
  • Represented the selling shareholders of a Medi-Cal managed care plan in the sale of the plan.

    Recognition

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

    Selected Publications and Presentations

  • Co-author, “CMS Requires COVID-19 Vaccination for Health Care Facility Staff,” Health Care Law Today (November 8, 2021)
  • Author, “California Expands Use of Telehealth to Involuntary Commitment Evaluations,”  Health Care Law Today (March 2, 2021)
  • 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)
  • Speaker, “340B Program Updates,” Southern California HFMA Summer Program (July 20, 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