Jaya White

Thorough and responsive counsel for health care providers

Jaya White represents a wide range of health care clients — primarily in the long-term care industry — in regulatory and transactional matters. She also has ample experience advising pharmacy, physician, wholesale distribution and infusion providers in a broad array of issues. Jaya's clients include:

• Buyers, sellers and investors in the sale or purchase of long-term care facilities
• Skilled nursing, assisted living and independent living facilities
• Continuing care retirement communities
• Home health, home infusion and hospice providers
• Behavioral health providers
• Pharmacies
• Clinical laboratories

Jaya understands the rapidly evolving world of the health care industry and stays current on the regulatory landscape so she can immediately guide her clients with their changing needs. Clients appreciate her thorough analysis and responsive nature when issues arise.

Jaya is the national co-chair of the Long-term Care Practice, the Clinical Laboratories Practice and the Behavioral Health Providers Practice.

• Advises and works as health care regulatory counsel for long-term care and behavioral health clients on issues including compliance with applicable federal and/or state requirements, Medicare and Medicaid reimbursement requirements, and transactional representation, including drafting and submitting required governmental notices and applications for changes of ownership (CHOW) and changes of information (CHOI).
• Counsels clients regarding fraud, abuse and privacy issues, including the Stark Law, Anti-Kickback Statute, Eliminating Kickbacks in Recovery Act (EKRA), Office of Inspector General (OIG) exclusion authority, the Health Insurance Portability and Accountability Act (HIPAA) and state privacy law considerations.
• Advises clients on operationalizing home infusion and infusion suite business models by analyzing licensure requirements, conducting licensure gap analyses and seeking waivers of applicable regulations.
• Drafts and negotiates various agreements related to mergers and acquisitions (M&A) of health care providers, including acting as regulatory counsel and handling the health care-related aspects of purchase and sale agreements, management, operations transfer and transition services agreements, marketing and consulting agreements, HIPAA business associate and confidentiality and nondisclosure agreements, general service agreements and other health care-related agreements.
• Assists pharmacy and wholesale distributor clients in developing regulatory compliance strategies, including review and analysis of laws and regulations in all 50 states.
• Counsels Clinical Laboratory Improvement Amendments (CLIA)-certified clinical laboratory clients on all regulatory, licensure and reimbursement aspects. 

• Regulatory counsel for skilled nursing and assisted living operators in the purchase and sale of facilities, including managing the related licensure and certification processes.
• Provides ongoing regulatory counsel to national assisted living client related to both federal and state guidance throughout the COVID-19 pandemic.
• Helped national assisted living provider navigate the Provider Relief Fund through the application, reporting and auditing process.
• Manages the purchase and sale of home health agencies and hospice providers, ensuring compliance with applicable Medicare conditions of participation.
• Provided regulatory and reimbursement counsel to a national CLIA-certified clinical laboratory in response to the COVID-19 pandemic.