Claire Marblestone

Partner

Claire Marblestone’s practice focuses on transactional and health care regulatory matters, with an emphasis on data privacy, corporate practice of medicine, health care mergers and acquisitions, and joint ventures. She advises hospitals, health systems, physician groups, digital health providers, and health care businesses on a range of regulatory and compliance issues. 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 is very knowledgeable and client focused. She has a very good bead on what I need and packages it in a way that can be used effectively. She is also very responsive.”

“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 providers. 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 and investments.

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.

Claire is a member of the Health Care Transactional and Health Care Regulatory Practice Groups and a member of the Health Care & Life Sciences Sector.

Representative Experience

  • Represented a California regional health care system in the acquisition of several physician practices.
  • Advised multiple health care providers on reproductive health care compliance issues.
  • Represented a California hospital on joint venture with an orthopedic hospital.
  • Represented a California county in the acquisition of a rural medical practice.
  • Represented a multistate women’s health care practice on several joint venture affiliations with regional health systems.
  • Assisted a national digital health provider with the restructuring of its virtual care service line.
  • Advised multiple providers and hospital system clients in connection with physician alignment models and strategies, including leasing, professional services, and employment arrangements.
  • Negotiated physician and provider employment agreements on behalf of a multispecialty physician group.
  • Counseled health care providers on general corporate and regulatory compliance matters, including California licensure compliance, professional scope of practice issues, and marketing compliance.
  • Assisted hospitals, physicians, and other health care providers which establishing concierge medical practices.
  • Advised a California nonprofit hospital system on licensing and change of ownership issues in connection with management arrangement 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.
  • Represented the selling shareholders of a Medi-Cal managed care plan in the sale of the plan.
  • Negotiates business associate agreements for covered entities, business associates, and subcontractors.
  • Assists clients in responding to HIPAA data breaches and security incidents.
  • Advises on data privacy issues, including compliance with HIPAA, 42 C.F.R Part 2, and state privacy laws such as California’s Confidentiality of Medical Information Act.

Awards and Recognition

  • Los Angeles Business Journal, Health Care Leadership Awards, Trusted Advisor of the Year (2023)
  • Chambers USA, Healthcare (2020-2023)
  • California Super Lawyers – Rising Stars® list (2019-2021), which recognizes the top 2.5% of California lawyers under 40

Affiliations

  • Member of Healthcare Law Section of the Los Angeles County Bar Association
  • Member of California Society for Healthcare Attorneys
  • Member of American Health Lawyers Association
  • Member of Foley’s National Women’s Network

Presentations and Publications

  • Speaker, “Strategies for Working with and Discharging Homeless Populations,” Hospital Association of Southern California’s 2024 Annual Meeting (May 21, 2024)
  • Author, “California: Health Care Transactions “Material Change” Regulations are Finalized,” Health Care Law Today (January 8, 2024)
  • Co-author, “California: Proposed Regulations Impacting the M&A Market in California,” Health Care Law Today (August 28, 2023)
  • Co-author, “California: Health Care M&A Market Heats up as New Regulator Takes a Closer Look,” Health Care Law Today (December 8, 2022)
  • Speaker, “Hot Button Issues in Privacy – CCPA and HIPAA,” ACC Health Law Network Webinar (May 3, 2022)
  • Speaker, “Considerations for Structuring Physician Group Acquisitions,” American Health Law Association (April 25-27, 2022)
  • Co-author, “Compliance Issues in Hospital and Health System Sports Sponsorships,” Health Care Law Today (February 9, 2022)
  • Speaker, “Whose Medical Practice is it Anyway? A Discussion of California’s Prohibition on the Corporate Practice of Medicine,” California Society for Healthcare Attorneys (November 19, 2021)
  • 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)
16 April 2024 In the News

Claire Marblestone Assesses Increased Scrutiny of CA Health Care Transactions

Foley & Lardner LLP partner Claire Marblestone is quoted in the Law360 article, “Struggling Hospitals Seek Mergers As Regulators Push Back.”
09 April 2024 In the News

Claire Marblestone Quoted on Impact of New CA Health Care Deal Regulations

Foley & Lardner LLP partner Claire Marblestone is quoted in the Law360 article, “Calif. Healthcare Attys Working Late Thanks To New Regs.”
08 January 2024 Health Care Law Today

California: Health Care Transactions “Material Change” Regulations are Finalized

In late December, the California Office of Health Care Affordability issued final regulations for the new material change transactions filing process, which goes into effect this year.
06 February 2024 Events

Health Care Joint Ventures: What's the Big Deal?

As the provision of health care services continues to evolve with technological advances, hospitals, health systems, physician groups and health care providers, are examining new ways and methods to provide health care to their populations, including teaming with new and complementary business partners.
05 October 2023 Events

20th Annual Healthcare Law Compliance Symposium

On October 5, Foley partner Claire Marblestone and associate Samantha Robbins Jamali spoke at the Los Angeles County Bar Association’s 20th Annual Healthcare Law Compliance Symposium. Marblestone spoke on the session titled “Navigating Stark and AKS,” and Robbins Jamali’s spoke on the panel “Considerations in Overpayment and Recoupment Disputes.”
28 August 2023 Health Care Law Today

California: Proposed Regulations Impacting the M&A Market in California

We outline what you need to know from the recently proposed regulations if you are a health care entity evaluating a transaction in California that is expected to close on or after April 1, 2024.