Overview
“Bradley Reed has considerable experience acting on behalf of hospitals and other healthcare providers. His practice covers a broad range of matters, including privacy issues, transactions, and healthcare fraud regulations.” – Chambers USA
Brad’s practice is multifaceted, covering a wide range of corporate, transactional, regulatory, data privacy and cybersecurity, and employee benefits matters. He works closely with hospitals, physicians, and other health care providers, guiding them through complex regulatory and compliance issues. Brad regularly advises clients on HIPAA compliance, Medicare and Medicaid reimbursement, healthcare fraud and abuse regulations, and medical staff management issues.
Brad is deeply involved in data privacy and cybersecurity matters, counseling clients across industries on financial services regulations, ERISA compliance, and service provider and vendor agreement negotiations. In his work, he assists with data mapping exercises, GDPR/CCPA compliance programs, cross-border data transfer issues, and data processing agreements. Additionally, Brad provides guidance on data breach reporting, mitigation, and responses and assists in investigating data security incidents. He also has experience in general litigation and intellectual property matters.
Brad is dedicated to helping clients achieve their business objectives through maximizing opportunities and innovating creative solutions. He ensures clients understand complex regulations and mitigate the risk of future litigation or enforcement actions.
Representative Experience
- 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.
- Negotiated services agreement between health care payment company and national bank for client to provide payment services to bank’s customers.
- Represented 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 & Admissions
Education
- William & Mary Law School, College of William & Mary, J.D., summa cum laude, 2012
- Order of the Coif
- The Ohio State University, B.A., magna cum laude, 2008
- Phi Beta Kappa
Bar and Court Admissions
- State of Ohio
- District of Columbia
- U.S. District Court, Northern District of Ohio
- U.S. District Court, Southern District of Ohio
Involvement
Professional Affiliations
- Cleveland Metropolitan Bar Association, Member (2012 – Present);
- Health Law Section, Chair (2021 – 2022)
- Health Law Section, Member (2018 – Present)
- Medical Legal Summit CMBA/AMCNO Planning Committee (2021 – 2023)
- 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)
- Art Therapy Studio, Board of Directors (2021 – Present)
- Courage to Caregivers, Strategic Planning Committee Member (2021 – 2023)
- John M. Manos Inn of Court, Member (2013 – 2020)
Community Involvement
- Ludlow-Taylor PTO, Auction Committee Co-Chair (2024 – present)
- Jay/Bridge/Carroll Block Club, Member (2013 – 2020)
- Alpha Tau Zeta/Farmhouse Alumni Association, Board of Directors (2013 – 2020)
- Ohio State Bar Foundation, Fellow (2016)
- Cleveland Leadership Center, Civic Leadership Institute (Class of 2015)
Awards & Honors
- Ranked as “Up and Coming” in the field of Healthcare by Crain’s Cleveland Business (2024)
- Named to The Best Lawyers in America “Ones to Watch” list in the area of Health Care Law (2021 – Present); Administrative/Regulatory Law (2022 – Present); and Business Organizations (Including LLCs and Partnerships) (2024 – Present)
- Named to the Ohio Super Lawyers Rising Stars list (2017 – Present)
Publications
- “Employee COVID-19 Testing and Monitoring as Workplaces Reopen,” Frantz Ward Client Alert (May 2020)
- “Critical Care Resource Allocation Planning During Covid-19 Pandemic,” Frantz Ward Client Alert (April 2020)
- “Federal Government Expands Opportunities to Utilize Telehealth During The COVID-19 Emergency,” Frantz Ward Client Alert (March 2020)
- “Expanding Medical Marijuana Treatment in Ohio: State Medical Board Seeks “Consensus” on Adding New Qualifying Conditions,” Cleveland Metropolitan Bar Journal (March 2020)
- “Ready Or Not: Here Comes the CCPA (The California Consumer Privacy Act), Five Questions to Assess Your Company’s CCPA Readiness,” Frantz Ward Client Alert (November 2019)
- “Industry-Specific Cybersecurity Madates: Looking Beyond Your Industry for Guidance,” Frantz Ward Client Alert (February 2019)
- “New Year, Same Old Ransomware Attacks Against Health Care Providers,” Frantz Ward Client Alert (January 2018)
- “President Trump Circumvents Congress, Seeks to Unwind the Affordable Care Act,” Frantz Ward Client Alert (October 2017)
- “Ohio Manufacturing Sales Tax Exemption — Proposed Rule Changes,” Frantz Ward Client Alert (April 2017)
- “Bad Faith Claims and Performance Bonds,” The Construction Lawyer, Journal of the ABA Forum on the Construction Industry, Vol. 33 No. 3 (Summer 2013)
Presentations & Lectures
- “Legal and Practical Considerations When Using AI, Data, and Information Technology in Your Workplace,” Frantz Ward Labor & Employment Seminar (June 2024)
- “State Law Data Privacy Harmonization, BIPA Litigation and Cybersecurity Issues in the Gig Economy Space,” AFLA Internation Gig Economy 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)
- “Bad Faith Claims and Performance Bonds,” The Construction Lawyer, Journal of the ABA Forum on the Construction Industry, Vol. 33 No. 3 (Summer 2013)
- “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 Care 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)
Media Coverage
- Mentioned in, “Frantz Ward Elects Reed, Smith to Partnership,“ Properties Magazine(February 2021)
- Mentioned in, “Lawyers, Firms Receive Recognition,” Cleveland Jewish News (January 2021)
Representative Experience
- 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.
- Negotiated services agreement between health care payment company and national bank for client to provide payment services to bank’s customers.
- Represented 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 & Admissions
Education
- William & Mary Law School, College of William & Mary, J.D., summa cum laude, 2012
- Order of the Coif
- The Ohio State University, B.A., magna cum laude, 2008
- Phi Beta Kappa
Bar and Court Admissions
- State of Ohio
- District of Columbia
- U.S. District Court, Northern District of Ohio
- U.S. District Court, Southern District of Ohio
Involvement
Professional Affiliations
- Cleveland Metropolitan Bar Association, Member (2012 – Present);
- Health Law Section, Chair (2021 – 2022)
- Health Law Section, Member (2018 – Present)
- Medical Legal Summit CMBA/AMCNO Planning Committee (2021 – 2023)
- 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)
- Art Therapy Studio, Board of Directors (2021 – Present)
- Courage to Caregivers, Strategic Planning Committee Member (2021 – 2023)
- John M. Manos Inn of Court, Member (2013 – 2020)
Community Involvement
- Ludlow-Taylor PTO, Auction Committee Co-Chair (2024 – present)
- Jay/Bridge/Carroll Block Club, Member (2013 – 2020)
- Alpha Tau Zeta/Farmhouse Alumni Association, Board of Directors (2013 – 2020)
- Ohio State Bar Foundation, Fellow (2016)
- Cleveland Leadership Center, Civic Leadership Institute (Class of 2015)
Awards & Honors
- Ranked as “Up and Coming” in the field of Healthcare by Crain’s Cleveland Business (2024)
- Named to The Best Lawyers in America “Ones to Watch” list in the area of Health Care Law (2021 – Present); Administrative/Regulatory Law (2022 – Present); and Business Organizations (Including LLCs and Partnerships) (2024 – Present)
- Named to the Ohio Super Lawyers Rising Stars list (2017 – Present)
Publications
- “Employee COVID-19 Testing and Monitoring as Workplaces Reopen,” Frantz Ward Client Alert (May 2020)
- “Critical Care Resource Allocation Planning During Covid-19 Pandemic,” Frantz Ward Client Alert (April 2020)
- “Federal Government Expands Opportunities to Utilize Telehealth During The COVID-19 Emergency,” Frantz Ward Client Alert (March 2020)
- “Expanding Medical Marijuana Treatment in Ohio: State Medical Board Seeks “Consensus” on Adding New Qualifying Conditions,” Cleveland Metropolitan Bar Journal (March 2020)
- “Ready Or Not: Here Comes the CCPA (The California Consumer Privacy Act), Five Questions to Assess Your Company’s CCPA Readiness,” Frantz Ward Client Alert (November 2019)
- “Industry-Specific Cybersecurity Madates: Looking Beyond Your Industry for Guidance,” Frantz Ward Client Alert (February 2019)
- “New Year, Same Old Ransomware Attacks Against Health Care Providers,” Frantz Ward Client Alert (January 2018)
- “President Trump Circumvents Congress, Seeks to Unwind the Affordable Care Act,” Frantz Ward Client Alert (October 2017)
- “Ohio Manufacturing Sales Tax Exemption — Proposed Rule Changes,” Frantz Ward Client Alert (April 2017)
- “Bad Faith Claims and Performance Bonds,” The Construction Lawyer, Journal of the ABA Forum on the Construction Industry, Vol. 33 No. 3 (Summer 2013)
Presentations & Lectures
- “Legal and Practical Considerations When Using AI, Data, and Information Technology in Your Workplace,” Frantz Ward Labor & Employment Seminar (June 2024)
- “State Law Data Privacy Harmonization, BIPA Litigation and Cybersecurity Issues in the Gig Economy Space,” AFLA Internation Gig Economy 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)
- “Bad Faith Claims and Performance Bonds,” The Construction Lawyer, Journal of the ABA Forum on the Construction Industry, Vol. 33 No. 3 (Summer 2013)
- “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 Care 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)
Media Coverage
- Mentioned in, “Frantz Ward Elects Reed, Smith to Partnership,“ Properties Magazine(February 2021)
- Mentioned in, “Lawyers, Firms Receive Recognition,” Cleveland Jewish News (January 2021)