Overview

Brad works on a wide range of corporate, transactional, regulatory, data privacy/cybersecurity and employee benefits matters. Specifically, his practice focuses on working with hospitals, physicians, and other health care providers regarding complex regulatory and compliance issues. Brad regularly advises clients with respect to HIPAA compliance, Medicare and Medicaid reimbursement, health care fraud and abuse regulations, and medical staff management issues. He also works on a wide range of various data privacy and cybersecurity issues, financial services regulations, ERISA compliance, service provider and vendor agreement negotiations, and other commercial contracts for clients in numerous industries and sectors. Additionally, he has experience handling ERISA, general litigation and intellectual property matters.He assists in investigating data security incidents and advises clients with respect to data breach reporting, mitigation and responses. He regularly prepares breach risk assessments and notifications under HIPAA and various state data breach notification laws. 

Brad is driven by helping clients achieve their business needs and goals by assisting them to understand and navigate an increasingly complex regulatory environment. With new rules and regulations comes an opportunity for clients to implement creative and innovative solutions to meet their regulatory and compliance obligations. Brad ensures clients understand and achieve these solutions to help avoid future litigation or enforcement actions. 


 

  

Practices

    • Negotiated services agreement between health care payment company and national bank for client to provide payment services to bank’s customers.
    • Represents a community hospital system in all aspects of transactions and regulatory compliance, including complex Medicare and Medicaid compliance issues, joint venture arrangements, HIPAA compliance, and real estate transactions.
    • Represents critical access hospitals in multiple states on various payor and compliance issues unique to CAHs under both federal and state law.
    • Represents government-owned hospitals on organization, tax and public financing issues.
    • Advises a health care payments company with respect to both HIPAA and financial services regulations, including analysis of obligations and reporting requirements under money services businesses and credit notification rules and regulations.
    • Advises on a wide range of ERISA issues related to employee benefit plan formation and qualification, IRS and DOL regulations and compliance, and ERISA-related litigation matters.
    • Represents a rural Wyoming hospital in medical staff hearings, practitioner disciplinary actions, and credentialing disputes.
    • Analyzed compliance with Affordable Care Act requirements governing counting employee hours for purposes of determining full-time equivalent employment status for a publicly traded manufacturing company.
    • Reviewed and revised HIPAA Notice of Privacy Practices for group health plan administered by publicly held manufacturing company.
    • Conducts HIPAA breach notification and reporting analyses for multiple covered entities when potential HIPAA breaches are reported.
    • Reviews, revises, and negotiates HIPAA Business Associate Agreements for both covered entities and business associates.
    • Analyzed compliance with international, federal, and state data privacy laws regarding the use, maintenance, and storage of employees’ personally identifiable information held in employee records and health plan files for a plastics and resins manufacturer.
    • Represented a national hospital corporation in purchase of first hospital in Ohio, including handling all Ohio-related regulatory and compliance issues and preparing final documents.
    • Defended a manufacturing company in patent dispute and successfully defeated a claim for attorneys' fees.
    • Successfully enforced non-export agreements against gray market exporters and their straw buyers for an automotive dealership group.
  • Education

    • William & Mary Law School, College of William & Mary, J.D., summa cum laude, 2012
    • The Ohio State University, B.A., magna cum laude, Phi Beta Kappa, 2008

    Admissions

    • State of Ohio
    • U.S. District Court, Northern District of Ohio and Southern District of Ohio
  • Professional Affiliations

    • Cleveland Metropolitan Bar Association, Member (2012-Present); Health Care Law Section, Chair (2021-Present) and Member (2018-Present)
    • Medical Legal Summit CMBA/AMCNO Planning Committee (2021-Present)
    • Certified Information Privacy Professional/United States (CIPP/US) 
    • International Association of Privacy Professionals (IAPP)—Member (2018-Present)
    • American Health Lawyers Association—Member (2012-Present)
    • Society of Ohio Healthcare Attorneys—Member (2015-Present)
    • Ohio State Bar Association—Member (2016-Present)

    Community Involvement

    • Courage to Caregivers – Strategic Planning Committee Member (2021 - Present)
    • Art Therapy Studio – Board of Directors (2021 – Present)
    • Cleveland Leadership Center, Civic Leadership Institute (Class of 2015)
    • Alpha Tau Zeta/Farmhouse Alumni Association—Board of Directors (2013-2020)
    • Named to The Best Lawyers in America "Ones to Watch" list in the areas of Health Care Law (2021-2024), Administrative/Regulatory Law (2022-2024), and Business Organizations (including LLCs and Partnerships) (2024)
    • Named to the Ohio Super Lawyers Rising Stars list (2017-2024)
    • "State Law Data Privacy Harmonization, BIPA Litigation and Cybersecurity Issues in the Gig Economy Space," ALFA International Gig Economy Regional Seminar (April 2024)
    • "Information Security and Compliance with International/Federal and State Law," Frantz Ward ACC Seminar (August 2022)
    • "Don't Let These Data Privacy Developments Ruin Your Day," Association of Corporate Counsel, Cleveland, OH (August 2021)
    • “Vaccine Hesitancy During and After a Pandemic: Confronting Patient, Staff, and Public Concerns Regarding Vaccination,” Cleveland Metropolitan Bar Association (CMBA) 2021 Medical/Legal Summit Webinar (April 2021) 
    • "Transactional and Regulatory Compliance Considerations," Cleveland Metropolitan Bar Association Health Care Law Section Webinar (December 2020) 
    • "Privacy Policies and Cybersecurity," Case Western Reserve University Think [Box], Cleveland, OH (October 2019) 
    • "Avoiding Data Privacy Liability," Frantz Ward Litigation Seminar, Cleveland, OH (September 2019) 
    • "Health Care Issues in the Corporate World," Association of Corporate Counsel, Cleveland, OH (August 2019) 
    • "Five Things Every Company Should Do Today for Cybersecurity/Data Privacy," ACC Camp to Champs: A Business Lifecycle Seminar, Cleveland, OH (August 2019) 
    • "Federal Health Care Law Update," CMBA Health Institute and Medical/Legal Summit, Cleveland, OH (March 2019) 
    • "State and Federal Updates," CMBA's Health Care Law Update & Medical/Legal Summit, Cleveland, OH (April 2018)
    • “Ohio Legal Update,” American Med Spa Association, Cleveland, OH (October 2015)