Gretchen’s practice focuses on corporate healthcare transactional work and regulatory matters. Her experience includes representation of various types of healthcare providers including hospitals, health systems, dialysis facilities, multi and single specialty medical practices, specialty hospitals, ambulatory surgery centers, and a variety of healthcare industry entrepreneurs, in sales and acquisitions, joint ventures, general corporate matters, contracting, securities, and regulatory matters.
Her work includes negotiating and drafting transaction documents and counseling clients with regard to the legal aspects of day-to-day operations, including general corporate matters; anti-kickback and Stark issues; self-referral, corporate practice of medicine and fee-splitting prohibitions; HIPAA, certificate of need and licensure requirements; and state and federal securities matters.
Following law school, Gretchen clerked for the Honorable Henry Lee Adams, Jr. of the U.S. District Court for the Middle District of Florida and the Honorable Frederick Martone of the U.S. District Court for the District of Arizona. She also served as an extern for the Honorable Philip Simon of the U.S. District Court for the Northern District of Indiana.
Experience
- Representation of large health system in acquisitions of large and small physician practices.
- Representation of physician practices in joint ventures with large dialysis organizations.
- Representation of ambulatory surgical center management companies in ambulatory surgery center acquisitions, joint ventures and syndications.
- Representation of hospitals, surgery centers, dialysis facilities, physician practices and other healthcare providers in compliance counseling and the preparation of compliance plans.
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Notre Dame Law SchoolJD
Executive Issue Editor, Notre Dame Law Review
2004 -
Ohio Wesleyan UniversityBA
Phi Beta Kappa
2001
Member, Illinois Bar Association
Member, American Bar Association
Member, American Health Lawyers Association
- Author, CMS Again Settles Record Stark Self-Disclosures in 2023, The FCA Insider, April 4, 2024
- Author, Ounce of Prevention: Are Independent Contractor Agreements Signed?, McGuireWoods Legal Alert, February 22, 2024
- Author, Lessons for Providers and Practice Entities, McGuireWoods Legal Alert, November 6, 2023
- Author, HHS Advisory Opinion Approves Profit-Based Bonus Plan for Bona Fide Physician Employees, McGuireWoods Legal Alert, October 25, 2023
- Author, CMS Settles Record Number of Stark Self-Disclosures, The FCA Insider, September 18, 2023
- Author, Private Equity in Healthcare – An Updated Review of Selected Niche Investment Areas, McGuireWoods Legal Alert, August 7, 2023
- Author, U.S. Supreme Court Clarifies DOJ’s Authority to Dismiss Whistleblowers’ False Claims Act Suits, Questions Constitutionality of Qui Tam Provisions, The FCA Insider, July 24, 2023
- Author, Supreme Court Clarifies the False Claims Act’s Knowledge Requirement, Eliminating a Potential Defense for Government Contractors and Healthcare Providers Accused of Fraud, Subject to Inquiry, June 9, 2023
- Author, End of COVID-19 Emergency: Legal Implications for Healthcare Providers, McGuireWoods Legal Alert, May 1, 2023
- Author, CMS Streamlines Stark Law Self-Disclosures, McGuireWoods Legal Alert, March 8, 2023
- Author, CMS Considers Streamlined Physician Group Stark Law Self-Disclosures, McGuireWoods Legal Alert, July 13, 2022
- Author, Stark Law 2020 Settlements Return to Pre-2019 Trend, The FCA Insider, April 28, 2021
- Author, CMS Statement Clarifies Agency’s View That the Stark Law Final Rule is Effective, The FCA Insider, February 22, 2021
- Author, Fraud and Abuse Rules Part V: Easing Stark Law Compliance, McGuireWoods Legal Alert, February 16, 2021
- Author, Fraud and Abuse Rules Part IV: Final Changes to Existing and New Anti-Kickback Statute Safe Harbors, McGuireWoods Legal Alert, February 3, 2021
- Contributor, "Healthcare Investors Look to Opportunities and Gauge Risks in 2021," Corporate Counsel Business Journal, January 28, 2021
- Author, Fraud and Abuse Rules Part III: New Value-Based Arrangement Protections, McGuireWoods Legal Alert, January 20, 2021
- Author, Omnibus Appropriations Package – 15 Key Provisions for Healthcare Providers, McGuireWoods Legal Alert, January 13, 2021
- Author, Stark Law and Anti-Kickback Statute Reform: Six Key Insights for Private Equity Healthcare Affiliations, McGuireWoods Legal Alert, January 7, 2021
- Author, HHS Finalizes Stark Law, AKS Changes to Reduce Burdens on Healthcare Providers, McGuireWoods Legal Alert, November 23, 2020
- Author, HHS Extends Timeline to finalize Stark Law Changes and CMP Inflation Rule, The FCA Insider, September 10, 2020
- Author, Stark Law 2019 Settlements Continue Downward Trend, The FCA Insider, June 22, 2020
- Author, COVID-19 – New Regulatory Flexibilities for Durable Medical Equipment Suppliers, McGuireWoods Legal Alert, May 13, 2020
- Author, CMS Issues Explanatory Guidance on Stark Law Blanket Waivers During COVID-19 Pandemic, McGuireWoods Legal Alert, April 30, 2020
- Author, COVID-19: Consolidated Medicare Telehealth Expansion Update, McGuireWoods Legal Alert, April 9, 2020
- Author, OIG Follows the Stark Law COVID-19 Waivers for Anti-Kickback Statute, McGuireWoods Legal Alert, April 7, 2020
- Author, Emergency Declaration Waivers, Interim Rule for Medicare Home Health and Hospice Providers Amid COVID-19, McGuireWoods Legal Alert, April 6, 2020
- Author, Stark Law Waivers Issued During COVID-19 Pandemic, McGuireWoods Legal Alert, April 3, 2020
- Author, ASCs’ Response to COVID-19: Nine Things to Consider, McGuireWoods Legal Alert, March 31, 2020
- Author, COVID-19 Stimulus Bill – Key Provisions Related to Home Health and Hospice Providers, McGuireWoods Legal Alert, March 27, 2020
- Author, Investors Targeting Boomers’ Future Need for Home Health and Hospice Services, McGuireWoods Legal Alert, January 8, 2020
- Author, HHS to Ease Fraud and Abuse Rules Part 5: CMS Proposes Value-Based Arrangement Stark Exceptions, McGuireWoods Legal Alert, November 22, 2019
- Author, Changes to CMS’ Conditions of Participation Regulations for Providers Take Effect Nov. 29, McGuireWoods Legal Alert, November 12, 2019
- Author, HHS Proposed Rules Seek to Remove Stark Law, Anti-Kickback Burdens on Providers, McGuireWoods Legal Alert, October 10, 2019
- Author, Up-and-Coming Women in PE to Know: Molly Williams Martin, McGuireWoods Legal Alert, September 12, 2019
- Author, Private Equity Investment in Orthopedic Practices, McGuireWoods Legal Alert, June 21, 2019
- Author, CMS Issues Long-Awaited Guidance on Hospital Co-Location Policy, McGuireWoods Legal Alert, May 9, 2019
- Co-author, Preparing for the CMS Comprehensive Care for Joint Replacement (CJR) Model, McGuireWoods LLP, February 25, 2016
- Author, Preparing for the CMS Comprehensive Care for Joint Replacement (CJR) Model, McGuireWoods Legal Alert, February 25, 2016
- Author, CMS Proposes Exceptions, Revisions and Requests Comments to Ease Stark Law Compliance, McGuireWoods Legal Alert, September 1, 2015
- Author, Health Care Fraud and Abuse Enforcement: Several Western Hospitals and Health Systems Settle Anti-Kickback, Stark and FCA Allegations With DOJ in 2013, McGuireWoods Legal Alert, January 8, 2014
- Author, FDA’s Recent Two-Pronged Attack on Drug Shortages: Four Things to Know about FDA’s Proposed Rule, McGuireWoods Legal Alert, December 11, 2013
- Co-author, "In-House Labs Require Health Investor Due Diligence," Law360, November 20, 2013
- Author, Tuomey Ordered to Pay $237.5 Million for Stark and False Claims Act Violations: Key Lessons for Providers, McGuireWoods Legal Alert, October 4, 2013
- Co-author, Physician Compensation: 10 Key Legal Considerations, McGuireWoods Legal Alert, August 22, 2013
- Co-author, "Physician Compensation: 10 Core Legal and Regulatory Concepts," Becker's Hospital Review, August 19, 2013
- Author, The Results Are In: Year One of Pioneer ACOs, McGuireWoods Legal Alert, July 22, 2013
- Author, Three Things To Know About Joint Operating Agreement Transactions, McGuireWoods Legal Alert, June 26, 2013
- Author, OIG Issues Updated Bulletin on Effect of Exclusion, McGuireWoods Legal Alert, June 11, 2013
- Author, Indiana Passes Pain Management Clinic Legislation: Four Key Points, McGuireWoods Legal Alert, May 16, 2013
- Co-author, "5 Questions To Consider When Forming and ACO," Law360, May 9, 2013
- Author, Five Key Questions to Consider When Forming an Accountable Care Organization, McGuireWoods Legal Alert, April 18, 2013
- Author, IRS Issues Community Health Needs Assessment Proposal for Charitable Hospitals, McGuireWoods Legal Alert, April 9, 2013
- Author, ACOs: Five Tips for the Medicare Shared Savings Program, McGuireWoods Legal Alert, April 5, 2013
- Author, Four Facts About Accountable Care Organizations, McGuireWoods Legal Alert, April 4, 2013
- Author, Three Steps to Prepare for a 340B Integrity Audit, McGuireWoods Legal Alert, January 11, 2013
- Author, FDA and State Officials to Discuss State and Federal Roles Regarding Compounding Pharmacies, McGuireWoods News, December 4, 2012
- Author, Three Steps for a Financially Successful M&A Deal, McGuireWoods Legal Alert, November 30, 2012
- Author, Three Benefits of Bypassing a Merger and Choosing Looser Affiliations, McGuireWoods Legal Alert, November 19, 2012
- Author, Three Key Arguments in Hospitals’ Challenge to Medicare Payment Denial Policy, McGuireWoods Legal Alert, November 19, 2012
- Author, Markey Compounding Bill: Key Features of the Proposed Verifying Authority and Legality in Drug Compounding Act of 2012, McGuireWoods Legal Alert, November 16, 2012
- Author, November 7 Comment Deadline for FDA’s Unique Device Identification Rules: Three Key Points, McGuireWoods Legal Alert, November 6, 2012
- Author, Mercy Continues to Seek CON Approval for Hospital, McGuireWoods Legal Alert, November 1, 2012
- Author, Another Attempt at a National Drug Track-and-Trace Proposal, McGuireWoods Legal Alert, October 29, 2012
- Author, Providers Beware: OIG Releases FY 2013 Work Plan, McGuireWoods Legal Alert, October 19, 2012
- Author, Office of Inspector General to Focus Enforcement on Five Areas of FDA Regulation, McGuireWoods Legal Alert, October 18, 2012
- Author, Five Key Points Regarding the Assignment of Receivables in Healthcare Transactions, McGuireWoods Legal Alert, October 12, 2012
- Author, When ERISA May Not Apply: Three Key Points from a Hospital’s Contract Suit Against an Insurance Company, McGuireWoods Legal Alert, October 8, 2012
- Author, Investors Continue to Focus on Urgent Care Sector: Three Recent Notable Transactions, McGuireWoods Legal Alert, October 5, 2012
- Author, FDA Finally Concedes It Must Accept More Risk In Order To Spur Innovation, McGuireWoods Legal Alert, October 5, 2012
- Author, OIG to Provide Updated Guidance on Exclusion Authority, McGuireWoods Legal Alert, October 3, 2012
- Author, 3 Key Changes to Illinois CON Requirements, McGuireWoods Legal Alert, September 27, 2012
- Author, Congress Passes Last-Minute Fix to Save FDA Generic Drug User Fee Funds, McGuireWoods Legal Alert, September 25, 2012
- Author, FDA Layoffs and Extended Approval Times Anticipated if Budget Cuts Trigger Loss of User Fee Funds, McGuireWoods Legal Alert, September 21, 2012
- Author, The Mayo Clinic Announces Affiliation with NorthShore University HealthSystem, McGuireWoods Legal Alert, September 21, 2012
- Author, FDA Changes Device Listing and Registration Requirements, McGuireWoods Legal Alert, September 20, 2012
- Author, Noncompliant Leases, McGuireWoods Legal Alert, September 20, 2012
- Author, Impact of Healthcare Reform on Medical Device Companies; Three Core Points, McGuireWoods Legal Alert, September 18, 2012
- Author, CON for Hospital Denied, Planning Board Sued Again, McGuireWoods Legal Alert, September 18, 2012
- Author, Factors Contributing to Orthopedic Cases Moving to ASCs; Jury Remains out on Whether Hospital Employment Will Mitigate Such Factors, McGuireWoods Legal Alert, September 17, 2012
- Author, Wall Street Journal Reports on Antitrust Investigations of Hospital-Physician Transactions, McGuireWoods Legal Alert, September 14, 2012
- Author, OIG Advisory Opinion: Proposed Routine Waivers of Cost-Sharing Obligations Implicates the Anti-Kickback Statute, McGuireWoods Legal Alert, September 12, 2012
- Author, FDA Releases Report on Medical Device Postmarket Surveillance, McGuireWoods Legal Alert, September 11, 2012
- Author, ACO Final Rule: More Flexibility for Structure and Governance, McGuireWoods Legal Alert, December 13, 2011
- Author, Accountable Care Organizations: Key Components to Consider, McGuireWoods Legal Alert, November 8, 2011
- Author, CMS Interim Final Rule on Healthcare Fraud and Abuse Laws for ACOs, McGuireWoods Legal Alert, November 3, 2011
- Author, IRS Provides More Guidance on ACOs, McGuireWoods Legal Alert, November 1, 2011
- Author, FTC and DOJ Issue Final Antitrust Guidance for ACOs, McGuireWoods Legal Alert, October 27, 2011
- Author, Agencies Issue Final Rules on ACOs, McGuireWoods Legal Alert, October 20, 2011
- Author, What You Need to Know About the CMS Pioneer ACO Model, McGuireWoods Legal Alert, May 23, 2011
- Author, Accountable Care Organizations: Shared Savings Calculation – Part II – Expenditure Benchmark, McGuireWoods Legal Alert, May 6, 2011
- Author, Guidance on Healthcare Fraud and Abuse Laws for ACOs, McGuireWoods Legal Alert, May 3, 2011
- Author, The Role of Health Information Technology in the Implementation of Accountable Care Organizations, McGuireWoods Legal Alert, April 26, 2011
- Author, Accountable Care Organizations: Odds and Ends, McGuireWoods Legal Alert, April 22, 2011
- Author, Participation Requirements for Medicare ACOs, McGuireWoods Legal Alert, April 19, 2011
- Author, Accountable Care Organizations: Shared Savings Calculation – Part I – Understanding the Two Track Model, McGuireWoods Legal Alert, April 15, 2011
- Author, Accountable Care Organizations: Keys to Legal Structure and Governance, McGuireWoods Legal Alert, April 13, 2011
- Author, FTC and DOJ Propose Antitrust Guidance for ACOs, McGuireWoods Legal Alert, April 7, 2011
- Author, IRS Provides Opportunity for Tax-Exempt ACOs, McGuireWoods Legal Alert, April 5, 2011
- Author, Agencies Release Proposed Rules On ACOs – 7 Key Components to Consider, McGuireWoods Legal Alert, April 2, 2011
- Co-author, "Waiver of Co-Insurance, Co-Payments, and Deductibles: New Jersey Legal Overview," Health Care Law Monthly, April 2010
- Co-author, Health Care Law: A Practical Guide, Matthew Bender Lexis, 2010
- Co-author, Ambulatory Surgery Centers: Legal and Regulatory Issues, Fourth Edition, Publication of the American Health Lawyers Association, August 2009
- Co-author, Health Care Law: A Practical Guide, Matthew Bender Lexis, 2009
- Co-author, "Pre- and Post-Commencement of an Investigation of Health Care Compliance: Key Considerations for All Providers," Health Care Law Monthly, May 2008
- Co-author, "Key Regulatory and Diligence Issues in Healthcare Real Estate Acquisitions," Health Care Law Monthly, February 2008
- Co-author, Health Care Law: A Practical Guide, Matthew Bender Lexis, 2008
- Co-author, "Ambulatory Surgery Centers: CMS Update on Payment and Coverage," American Health Lawyers Association, October 2007
- Co-author, "8 Keys to Compliance for Medical Science Liaisons," Health Care Law Monthly, April 2007
- Michigan
- Illinois
- Speaker, "Top 5 Legal Considerations for ASCs," Becker’s 30th Annual Meeting: The Business & Operations of ASCs, November 1, 2024
- Presenter, "How to Protect your Business? Recommendations for Providers and Facilities based on Recent Enforcement Actions and Settlements," 17th Annual Healthcare Finance & Growth Conference, September 25 - 26, 2024
- Speaker, Regulatory Actions and M&A Activity Impacting Hospitals and Health Systems, May 1, 2024
- Speaker, "Key Legal Issues for Health Systems and Hospitals 2024," Becker’s Healthcare 14th Annual Meeting, April 10, 2024
- Speaker, Regulatory and Transactional Updates for Hospitals and Health Systems, November 2, 2023
- Speaker, "Fraud and Abuse," Public Health Emergency (PHE) Unwind Webinar, State Bar of Michigan Health Care Law Section, May 3, 2023
- Moderator, "Oncology Investments," 19th Annual Healthcare Private Equity and Finance Conference, March 2, 2023
- Speaker, "Ensuring Compliance in Today’s Healthcare Regulatory Landscape," 7th Annual Healthcare Litigation and Compliance Program, September 29, 2022
- Speaker, Turning Over Every Leaf, Webinar, September 15, 2021
- Speaker, Fraud and Abuse Regulatory Reforms, January 12, 2021
- Moderator, "Investments in Oncology, Urology & Men’s Health Businesses," 17th Annual Healthcare Private Equity & Finance Conference, February 19-20, 2020
- Moderator, "ASC Mergers and Acquisitions 2018 - 2019" and "Speaker - Key Legal and Regulatory Issues for ASCs," Becker’s ASC Review: 26th Annual Meeting: The Business and Operations of ASCs, Chicago, IL, October 24, 2019
- Moderator, "Key Thoughts on Consumerism as a Health System Strategy," Beckers Hospital Review 10th Annual Meeting, Chicago, IL, April 1, 2019
- Moderator, "Deep Dive into Oncology and Infusion Therapy," 16th Annual Healthcare and Life Sciences Private Equity and Finance Conference, February 20-21, 2019
- Panelist, "Healthcare Business Trends and Issues," Healthcare Litigation and Business Trends Program, October 10, 2018
- Speaker, "Key Healthcare Regulatory Issues from the Provider, Payor and Government Perspective," 15th Annual Healthcare and Life Sciences Private Equity and Finance Conference, February 21, 2018
- Panelist, Healthcare Private Equity, Litigation and Regulatory — Today’s Most Pressing Legal Issues, McGuireWoods LLP Webinar, August 2017
- Speaker, "STARK Regulations and Compliance," Coding, Compliance, and Practice Management Comprehensive Review Courses and Competency Examination, American Society of Interventional Pain Physicians, American Society of Interventional Pain Physicians, Chicago, Illinois, July 2017
- Speaker, "Maximizing Leverage in Key Contracts and Business Arrangements," 15th Annual Business and Legal Issues in Dialysis and Nephrology Symposium, May 2017
- Speaker, "Effective Compliance Planning for Surgery Centers," and Moderator, "Should You Sell Your ASC? Valuation, Operating Agreement, Non Competes, Legal and Process Issues," Becker’s ASC 23rd Annual Meeting: The Business and Operations of ASCs, Chicago, IL, October 2016
- Speaker, 10 Things to Know About the CMS CCJR Model and Gainsharing Arrangements, McGuireWoods LLP Healthcare Webinar, April 2016
- Moderator, "The Outlook for Independent Specialists," 13th Annual Spine, Orthopedic and Pain Management-Driven ASC Conference, June 2015
- Moderator, "Business and Legal Considerations for Nephrology Practice Sales, Mergers and Acquisitions," 13th Annual Business and Legal Issues in Dialysis and Nephrology Symposium, April 2015
- Moderator, "Top Business and Legal Considerations Laboratory, Imaging & Other Diagnostics Investments," 12th Annual Healthcare and Life Sciences Private Equity and Finance Conference, February 2015
- Speaker, Anti-Kickback Statute and Stark Issues, Healthcare Webinar, February 2015
- Speaker, Avoiding Health Care Fraud and Abuse: 2014 Update, The American Law Institute, May 2014
- Speaker, "Financial Relationships Between Healthcare Providers and Physicians," Healthcare Regulatory and Compliance Issues, McGuireWoods LLP Audio Conference Series, March 10, 2014
- Speaker, "Preparing for a Transaction – Physician Contract Review and Other Pre-Transaction Tasks," Community Hospital Transactions and Affiliations, McGuireWoods LLP Complimentary Webinar Series, November 2013
- Presenter, "From Strategy to Transaction: How To Achieve the “Best” Deal for You and Your Physicians," Physician Strategies and Solutions Webcast Series, December 2011
- Presenter, "Should You Sell Your Practice to a Hospital? What Will the Agreement Look Like? What are the Key Issues?," 18th Annual Ambulatory Surgery Centers Conference, October 2011
- Presenter, "Compensation Compliance, Internal Investigations, and Increased Government Investigations," 9th Annual Orthopedic, Spine and Pain Management-Driven ASC Conference, June 2011
- Presenter, "Regulatory and Reimbursement Trends in Nephrology and Dialysis," 8th Annual Business & Legal Issues in Dialysis & Nephrology Symposium, McGuireWoods LLP Seminar, May 2010
- Presenter, "Regulatory and Reimbursement Trends in Nephrology and Dialysis," 7th Annual Business & Legal Issues in Dialysis & Nephrology Symposium, McGuireWoods LLP Seminar, May 2009
- Presenter, "Keys to Compliance for Medical Science Liaisons," Center for Business Intelligence Webinar, October 2008
- Presenter, "Challenges to Physician Ownership in ASCs and Hospitals," Orthopedic, Sine and Pain Management Driven ASC Conference, June 2008
- Hon. Henry L. Adams Jr., U.S. District Court for the Middle District of Florida, 2005-2006
- Hon. Frederick J. Martone, U.S. District Court for the District of Arizona, 2004-2005