Whitney has particular expertise in managed care and value-based contracting, and she provides strategic counsel and analysis relating to long-term care, home care, behavioral health, risk contracting and ambulatory services. She has represented health care entities before the New York State Executive Branch, including in connection to shaping health care policy and Medicaid design, as well as laws and regulations affecting regulated health care entities in New York.
1. Which aspects of health care law do you focus on?
My practice concentrates on providing strategic business guidance to health care stakeholders with a focus on regulatory compliance as it relates to alternative reimbursement and value-based payment, licensure, certificates of need, requirements for changes of ownership in order to effectuate any type of joint venture, transaction or business relationship. Much of my work ties into the corporate practice of the professions – how care is delivered and how to set up compliant business arrangements and strategies to comply with the various state regulations.
Recently, there has been a big shift in health care toward not just value-based care, but also vertical integration – providing care in the home and expanding the type of care that is delivered at home and through telemedicine. I’ve been working closely with providers, including home health agencies and facilities, about how to position themselves to prepare for this evolution to alternative payment arrangements and alternative settings.
2. In what ways do you pay it forward/how do you mentor the next generation?
As a woman partner, it is very important to me to mentor female associates. I want to provide them with a hands-on experience that will help them move forward in their careers. Law firms historically have used the Socratic Method when it comes to mentoring, which often times does not build up a person. It’s a very male-centric approach, which is not always conducive to females. That’s why I find it so important to mentor in a way that is similar to coaching. Through my own experience as a female associate, I learned what didn’t work for me, and now take a different approach when I mentor and motivate female associates.
I want to help other female lawyers move forward in their careers. Through my own experience, I learned what did and didn’t work, and want others to have the same opportunity.
Outside of the Firm, I believe in giving back to my community and society by volunteering. For 10 years, I served on the board of Camp Dudley, a not-for-profit summer camp. It’s the oldest boys’ camp in the country.
My grandfather, father and brothers all went to Camp Dudley as kids. However, since it was a boys-only camp at the time, I wasn’t able to attend. Fifteen years ago though, Camp Dudley purchased a girls’ camp, Camp Kiniya, which my daughters now attend. It’s terrific to see a place that has meant so much to so many – including my family – continue to thrive as well as evolve and grow.
3. You represent clients looking for a mutually beneficial partnership between a health care provider and a payer (also known as a “payvider”). As payers and providers merge, what should they be aware of?
As buyers look to consolidate or a provider looks to expand their business model to become a payer, it’s important that they be realistic about the costs, risks and regulatory requirements associated with “the other side.” Walk before you run.
Prior to selling, buyers should undergo their own internal compliance and risk assessment in key areas.
4. How do you help them navigate the challenges that may arise from consolidation?
During a transaction, I help ensure that clients have the necessary paperwork – from policies and procedures to contracts and governance documents – in order ahead of the deal to allow for a smoother transition with respect to due diligence. When a seller has its own house in order, the transaction process can be much more efficient and less costly.
For buyers, I use the diligence process to not only assess the value of the deal, but to focus on cleaning up high-risk areas to mitigate potential exposure post-transaction. And, help them navigate and think about implementation and integration issues for and after the transaction, especially as it relates to employment issues such as benefits, training, compliance and policies and procedures.
5. How have you seen health care delivery change?
Now, there is more awareness of the cost of health care and how social determinants impact the quality of care and health equity. Providers are not only identifying ways to control the cost but also how to provide more efficiencies and better quality of care. Consumers are also more engaged and involved in their own patient care. This shift began well over a decade ago and has been evolving. The Affordable Care Act is not just about health care coverage for all, but also how once most have insurance, health policy can shift toward looking at ways to reduce costs and align incentives for better and more efficient coordinated care.