With a practice focusing on health care regulatory compliance, Sunny Levine helps emerging and established companies navigate the complex intersection of state and federal health care laws and regulations. She serves as co-chair of the firm’s Behavioral Health Group.
Behavioral health providers face unique regulatory, operational, and transactional challenges. Sunny understands the complicated issues surrounding the industry and has a track record of adeptly advising providers, health systems, and start-ups in this fast-changing space. She has a particular focus on behavioral health and advising substance use disorder treatment providers.
Sunny helps health care companies launch their businesses and determine optimal corporate structures. She assists clients to expand into and maintain operations in multiple U.S. states, as well as helps clients grow their business through acquisition and investments. Sunny helps clients maintain compliance with the complex array of health care laws, rules, and regulations. She advises health care providers on state practice standards for various health care provider, government, and commercial reimbursement issues, professional licensure, and the intersection of corporate and health care laws.
With experience navigating highly regulated fields, clients can expect Sunny to deploy a relentless problem-solving approach to their most complex issues.
- Represented buyers and sellers in various physician practice acquisitions and dispositions. For example, represented MD Health in its acquisition of the assets of a physician practice in California. Some underlying issues included transferring custody of the Seller’s medical records and the transition of the Seller physician to a new ACO. This was a fast-paced deal that we closed within a few weeks of the opening of diligence, and ended with a successful outcome for both our client (Buyer), and Seller.
- Assisted behavioral health company in launching an opioid use disorder treatment service line. The project included reviewing state law on substance use disorder licensing, advising on prescribing Suboxone (buprenorphine) under state and federal law, and reviewing a provider toolkit of legal and regulatory considerations for an opioid use disorder treatment program.
- Represented a substance use disorder treatment program in expanding its operations into new states, including corporate re-structuring, reviewing state corporate practice of medicine exceptions for licensed substance use disorder treatment entities, preparing the operational documents, and providing guidance on state and federal issues associated with expanding the group into new states.
- Represented 2nd Chance Treatment Program in its acquisition of behavioral health practices in Texas, North Carolina, and Colorado. This transaction required a close review of corporate ownership requirements, state provider and facility licensing requirements, and midlevel supervision and scope of practice issues.
- Advised various provider groups on the ability to utilize unlicensed coaches and the distinction between licensed activity and wellness coaching in behavioral health offerings and nutritional coaching offerings.
- Reviewed state scope of practice requirements for advanced practice registered nurses in all 50-states, including state supervision requirements, prescriptive authority, and independent practice requirements.
- Represented Magellan Health Inc. in growing their behavioral health presence through key acquisitions, including the majority interest in Bayless Integrated Healthcare, a leading integrated behavioral and primary care provider in Arizona, and a minority equity investment into Kaden Health, Inc., the New York-based medication-assisted treatment (vMAT) company.
Awards and Recognition
- Recognized, Florida Rising Stars, Health Care Law (2022-2023)
- Member, American Health Lawyers Association (AHLA)
- Co-Chair, Foley & Lardner Behavioral Health Group
- Black Attorneys Affinity Group
- Co-Chair, Foley & Lardner Health Care Practice Group’s Associate Committee
Presentations and Publications
- Co-author, “2023 Going Digital Health’s Behavioral Health Tech Conference: Key Investment Takeaways,” Health Care Law Today (November 27, 2023)
- Co-author, “Medicare Compliance Basics: “Incident to” Billing,” Health Care Law Today (February 16, 2023)
- Co-author, “HHS Proposes to Align Federal Substance Use Disorder Law with HIPAA,” Health Care Law Today (November 30, 2022)
- Co-author, “Behavioral Health Trends for 2022,” Health Care Law Today (March 31, 2022)
- Co-author, “PE Firm Pays Record Settlement for Allegedly Deficient Health Services: Identifying Traps for the Unwary,” Health Care Law Today (October 28, 2021)
- Co-presenter, “Recent Developments in Behavioral Health (BH) and Substance Use Disorder (SUD) Treatment,” ACC Health Law Network Legal Quick (September 9, 2021)
- Co-author, “Top Ten Issues in Health Law 2021,” American Health Law Association’s Health Law Connections (January 1, 2021)
- Co-author, “Patient Records: Part 2 Final Rule Reduces Substance Use Disorder Record Sharing Barriers,” Health Care Law Today (July 15, 2020)
- Co-author, “COVID-19: Florida Obtains First Medicaid 1135 Waivers Related to COVID-19 – 5 Key Takeaways,” Health Care Law Today (March 20, 2020)
- Author, “Direct Primary Care: Not insurance,” Hillsborough County Bar Association Lawyer Magazine (March – April, 2019)