Jennifer Csik Hutchens

  1. People /

Jennifer Csik Hutchens

Jennifer Csik Hutchens

Partner

  1. People /

Jennifer Csik Hutchens

Jennifer Csik Hutchens

Partner

Jennifer Csik Hutchens

Partner

Charlotte

Partner and Global Leader - Healthcare & Life Sciences Team

T: +1 704 749 8931

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Biography

Jennifer Hutchens is the global leader of the Healthcare & Life Sciences Practice. She represents healthcare providers, ancillary service providers, licensed agencies, non-profits, management services organizations, medical device companies and other industry-based clients of all sizes. In the midst of this complex and highly technical regulatory landscape, clients rely on Jennifer to help achieve their strategic, operational and compliance goals.

Jennifer builds and maintains long-term relationships with clients and is a trusted partner and adviser. She has a strong passion for the healthcare and life sciences industries and particularly excels in advising clients as they implement novel, first-of-their-kind solutions and transactions. She regularly advises clients on topics of health innovation, including artificial intelligence (AI), telehealth and concierge medicine. Jennifer also exceeds in assisting companies pivoting their business into the healthcare and life sciences industries for the first time, providing client intelligent solutions.

Jennifer has deep experience interpreting federal and state healthcare guidance, including the Anti-Kickback and Stark laws, corporate practice of medicine and fee-splitting prohibitions, federal Physician Sunshine Transparency Act, surprise/balance billing laws and price transparency rules.

Jennifer's transactional practice is focused on joint ventures, mergers and acquisitions, and other affiliation and collaboration transactions, as well as healthcare contracting matters (professional services, managed and value-based care, and other arrangements).

Civic Involvement & Honors

  • North Carolina Super Lawyers - Health Care, 2024
  • Best Lawyers of America - Healthcare Law, 2015 -2024
  • Chambers USA: America’s Leading Business Lawyers - Healthcare, 2018-2023
  • Career Choices in the Law (Charlotte Mecklenburg Middle Schools) - Mentor, 2023
  • North Carolina Lawyers Weekly Healthcare Power List, 2023
  • Duke Alumni Admissions Program - Admissions Interviewer, 2007-present
  • Coca-Cola Scholars Foundation - Scholar & Alumna, 1999-present
  • Toyota Scholars - Scholar & Alumna, 1999-present
  • North Carolina Super Lawyers Rising Star - Healthcare, 2013-2021
  • Charlotte Healthcare Law Lawyer of the Year, 2018
  • Mecklenburg County Bar Young Lawyers Division - Young Lawyer of the Year, 2011

American Health Law Association

  • Board of Directors, 2023-present
  • Development and Advancement Council, 2020-2023
  • Nominating Committee, 2019-2020
  • Fundamentals in Health Law Conference Planning Committee, 2017-2023
  • Governance Advisory Council, 2017-2019
  • Young Professionals Delegate to Board, 2016-2017
  • Young Professionals Council - Chair 2014-2016, Vice-Chair 2013-2014
  • Hospital and Health Systems Practice Group Leadership Development Program, 2012-2021
  • Best Practices Health Law Curriculum Steering Committee, 2014

Leadership Council on Legal Diversity - Fellow, 2021

North Carolina Bar Association 

  • Member, 2009-present
  • Health Law Section Council - Chair 2017-2018
  • Vice Chair, 2016-2017
  • Secretary, 2015-2016
  • Treasurer, 2014-2015

North Carolina Society of Health Care Attorneys

  • Member, 2013-present
  • Education Committee, 2013-2016

American College of Healthcare Executives, Member

Women Business Leaders of the U.S. Health Care Industry Foundation, Member

Greater Charlotte Healthcare Executives, Member

American Bar Foundation Fellow

Admissions

  • North Carolina, 2007

Education

Duke University-School of Law, J.D., Order of the Coif, summa cum laude, 2007

Duke University, B.A., Phi Beta Kappa, summa cum laude, 2003

Experience

Strategic, Operational and Compliance Counsel

  • Serves as strategic counselor to preeminent retailer for pet products, supplies, and prescriptions, including related to health, insurance and pharma platform offerings.
  • Provides risk mitigation strategies and best practice advice and guidance to clients as they implement evolving and disruptive technologies, including the implementation of artificial intelligence-informed software and solutions.
  • Counsels a variety of healthcare industry clients in connection with telemedicine, digital health, remote patient monitoring/prescribing and virtual care (e.g., informed consent, state professional licensure, scope of practice, corporate practice, telemedicine credentialing and reimbursement). Including specific experience with dentistry, dermatology, and veterinary medicine, among other sub-specializations. 
  • Interprets federal and state healthcare guidance in connection with surprise/balance billing and transparency for hospitals and health systems, laboratories, radiology platforms and other ancillary service providers.
  • Offers best practices advice and guidance to clients pursuing concierge or other alternative medical practice models, ranging from provider/patient contracts and related policies and procedures, to compliance (including federal law issues such as Medicare billing (opt out) rules as well as unique state law issues such as scope of practice, corporate practice, fee-splitting and insurance laws).
  • Counseled national radiology platform and its affiliated practices and service lines on a variety of corporate, healthcare, operational and regulatory matters.
  • Provided comprehensive counsel to a North Carolina hospital in connection with its pilot virtual hospital program offering for orthopedic patient recovery.
  • Led healthcare due diligence review and analysis on behalf of an international public healthcare company for its $2 billion acquisition of a home dialysis equipment maker.
  • Serves as local regulatory counsel in connection with large transactions, advising out-of-state buyers/sellers on state and local laws and regulations in the Carolinas.

Outside General Counsel

  • Served as outside general counsel to the national testing organization for the profession of optometry.
  • Served as outside general counsel to an innovative joint venture – composed of 12 health systems – formed to operate a provider-led and patient-centered health plan participating in the North Carolina Managed Medicaid Program.
  • Served as outside general counsel to a North Carolina critical access hospital, providing advice on legal, transactional and strategic matters.
  • Served as outside general counsel to a collaborative business venture between seven behavioral health providers pursuing innovation in care in North Carolina.

Transaction/Corporate Healthcare Counsel

  • Advises healthcare industry stakeholders (including providers and professional and trade organizations) in the development of business relationships, affiliations, combinations and integrations.
  • Represented a national healthcare corporation in the negotiation and development of joint venture operations with other hospitals and physician partners.
  • Counseled a national healthcare corporation in its purchases of a wide range of business operations, including dialysis clinics, vascular access centers and physician practice management services.
  • Assisted with corporate representation of a North Carolina insurance company in acquiring minority interest in an urgent care company with multistate clinic operations.

Resources

Publications

A selection of written insights:

  • “Regulatory Reform Could Hasten Transition to Value-Based Care”, October 2018, Hospitals & Health Systems RX, AHLA Newsletter
  • “Legal and Operational Guide for Free Medical Clinics”, Sept. 16, 2015, AHLA and AMA

Speaking Engagements

A selection of events:                                                                     

  • Health Care Buzz in 2023: What You Need to Know to be a Good Partner


    Home Medical Equipment National Conference (Charlotte, NC)
    October 23, 2023

  • Primer on Health Care Transactions: In-House and Outside Counsel Conversations


    AHLA Health Care Transactions Conference (Nashville, TN)
    April 17-19, 2023

  • Mentorship – What Works, What Doesn’t and Where to Begin
    AHLA webinar
    June 24, 2021
  • AKS and Stark Law 2021 Updates: Driving Innovation
    Client webinar
    May 7, 2021
  • Telehealth, Remote Care and Home Care – Legal and Practical Considerations
    i2i Center for Integrative Health webinar
    Dec. 2, 2020
  • The Fundamentals of Health Care Transactions
    AHLA Fundamentals of Health Law Conference (Chicago, IL)
    Nov. 13, 2020
  • Deeper Dive into Health Care Transactions: Adding Value in Deal Negotiations
    AHLA Fundamentals of Health Law Conference (Chicago, IL)
    Nov. 13, 2020
  • COVID-19 Behavioral Health Virtual Roundtable Series: What’s Next?
    Client webinar
    July 21, 2020
  • COVID-19 Behavioral Health Virtual Roundtable Series: Deeper Dive on Employment and Labor
    Client webinar
    May 13, 2020
  • Health Care Practice Group Virtual Roundtable Series: COVID-19 & Medical Practices
    Client webinar
    May 1, 2020
  • COVID-19 Behavioral Health Virtual Roundtable Series: Telehealth Deeper Dive
    Client webinar
    April 30, 2020
  • Behavioral Health Virtual Roundtable Series: Protecting Your Organization and COVID-19
    Client webinar
    April 16, 2020
  • Health Care Practice Group Virtual Roundtable Series: Innovative Businesses Shift to Respond to COVID-19
    Client webinar
    April 9, 2020
  • Behavioral Health Virtual Roundtable Series: COVID-19 & NC’s Behavioral Health Industry
    Client webinar
    April 3, 2020
  • Legal Updates 2019: Forging a Path Forward in a Time of Change
    i2i Center for Integrative Health Conference (Pinehurst, NC)
    Dec. 4, 2019
  • The Fundamentals of Health Care Transactions
    AHLA Fundamentals of Health Law Conference (Chicago, IL)
    Nov. 17, 2019
  • Deeper Dive into Health Care Transactions: Adding Value in Deal Negotiations
    AHLA Fundamentals of Health Law Conference (Chicago, IL)
    Nov. 17, 2019
  • The Path to Trusted Health Care Law Advisor
    AHLA Annual Meeting (Boston, MA)
    June 26, 2019
  • The Fundamentals of Health Care Transactions
    AHLA Fundamentals of Health Law Conference (Chicago, IL)
    Nov. 13, 2018
  • Deeper Dive into Health Care Transactions: Adding Value in Deal Negotiations
    AHLA Fundamentals of Health Law Conference (Chicago, IL)
    Nov. 13, 2018
  • The Fundamentals of a Health Care Transaction
    AHLA Fundamentals of Health Law Conference (Chicago, IL)
    Nov. 15, 2016

Related Insights

Insights
Mar 08, 2024

What is FemTech and how can it meet the privacy needs of its users?

In part one of our series "FemTech: how this growing industry can build trust, protect privacy and redress healthcare inequity… one app at a time", we take an introductory look at the industry, and offer some commercially-minded approaches to address users’ privacy needs.
Insights
Feb 21, 2024

Lessons from the growth of FemTech and women’s health

BCLP’s Healthcare & Life Sciences Practice Group recently partnered with EMIG Digital Health Group to co-host an in-person breakfast seminar and networking event focused on FemTech. Specialists from across the FemTech and wider digital health, pharma and life sciences sectors heard speakers from Flo Health, Apricity and Theramex, amongst others, discuss key themes and lessons learnt from the growth of FemTech. Chaired by Darren Spevick, Managing Director of Russell Strategy Partners, topics discussed included the ecosystem and market and how innovation, effective partnerships, high quality content, and a simple and tangible digital strategy can drive growth in the sector. Attendees also heard from members of BCLP’s dedicated FemTech team about the current themes in, and the direction of travel for, UK and EU privacy and data protection and how robust compliance can help to fuel trust and drive value.
Insights
Dec 05, 2023

New final rule requires U.S. nursing homes disclose ownership structure

On November 17, 2023, the Centers for Medicare and Medicaid (CMS) published a final rule implementing additional disclosure requirements for U.S.-located, Medicare skilled nursing facilities and Medicaid nursing facilities (nursing facilities).  This additional information will be available to the public via a CMS website.  According to CMS, the intent behind the new regulations is to (i) allow the public to be better informed about the ownership of the nursing facilities they use and (ii) allow CMS to better track quality and cost outcomes for facilities owned or operated by private for-profit companies, like private equity companies (PECs) and real estate investment trusts (REITs).

Related Insights

Events
Apr 15, 2024
American Health Law Association’s Health Care Transactions Program
Insights
Mar 08, 2024
What is FemTech and how can it meet the privacy needs of its users?
In part one of our series "FemTech: how this growing industry can build trust, protect privacy and redress healthcare inequity… one app at a time", we take an introductory look at the industry, and offer some commercially-minded approaches to address users’ privacy needs.
Insights
Feb 21, 2024
Lessons from the growth of FemTech and women’s health
BCLP’s Healthcare & Life Sciences Practice Group recently partnered with EMIG Digital Health Group to co-host an in-person breakfast seminar and networking event focused on FemTech. Specialists from across the FemTech and wider digital health, pharma and life sciences sectors heard speakers from Flo Health, Apricity and Theramex, amongst others, discuss key themes and lessons learnt from the growth of FemTech. Chaired by Darren Spevick, Managing Director of Russell Strategy Partners, topics discussed included the ecosystem and market and how innovation, effective partnerships, high quality content, and a simple and tangible digital strategy can drive growth in the sector. Attendees also heard from members of BCLP’s dedicated FemTech team about the current themes in, and the direction of travel for, UK and EU privacy and data protection and how robust compliance can help to fuel trust and drive value.
Insights
Dec 05, 2023
New final rule requires U.S. nursing homes disclose ownership structure
On November 17, 2023, the Centers for Medicare and Medicaid (CMS) published a final rule implementing additional disclosure requirements for U.S.-located, Medicare skilled nursing facilities and Medicaid nursing facilities (nursing facilities).  This additional information will be available to the public via a CMS website.  According to CMS, the intent behind the new regulations is to (i) allow the public to be better informed about the ownership of the nursing facilities they use and (ii) allow CMS to better track quality and cost outcomes for facilities owned or operated by private for-profit companies, like private equity companies (PECs) and real estate investment trusts (REITs).
Insights
Nov 03, 2023
HHS Proposes Rule to Establish Penalties for Committing Information Blocking: What Providers Need to Know
Insights
Nov 01, 2023
State Regulation of Physician Practice Transactions: What Investors Need to Know
Insights
Aug 23, 2023
U.S. Healthcare and Life Sciences Alert: CMS Updates ACO REACH Program to Encourage Increased Participation
Awards
Aug 17, 2023
The Best Lawyers in America® 2024
Insights
Aug 01, 2023
RWI Market Turning to Unlikely Industries for New Deals: Health Care RWI Terms & Conditions Improving