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Key Legal Issues for ABA Providers

SKU: BUS6100
General Credits
1
Price$50
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Description

This CLE program examines the evolving legal and regulatory landscape affecting Applied Behavior Analysis (ABA) providers and the significant compliance challenges facing organizations in this rapidly growing sector. Attendees will gain a practical understanding of key legal issues, including fraud and abuse risks, corporate practice of medicine concerns, HIPAA compliance obligations, and emerging data privacy and cybersecurity considerations.

The program will explore current enforcement trends, common operational risk areas, and legal pitfalls that may arise in provider arrangements, business structures, and patient information management. Participants will also receive practical guidance on developing compliance strategies, mitigating legal exposure, and implementing proactive measures to manage risk while navigating applicable federal and state requirements.

Lecturer Bios

Roger A. Cohen, Esq.

Roger A. Cohen is a partner in Goodwin’s Healthcare practice. He counsels healthcare services, life sciences, digital health, and investor clients concerning compliance with the myriad laws and regulations governing the delivery of healthcare services such as the Anti-Kickback Statute, the Physician Self-Referral Law (the Stark Law), the False Claims Act, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Medicare and Medicaid rules and regulations, and laws governing reimbursement, licensure, and certification.

Roger’s experience includes extensive work on healthcare transactions, including mergers and acquisitions, venture and growth equity financings, and capital markets transactions. He has represented clients in acquisitions and financings involving a wide variety of healthcare providers, digital health, and life sciences companies, including hospitals, ambulatory surgery centers, physician groups, management services organizations (MSOs), skilled nursing facilities, rehabilitation and physical therapy facilities, behavioral health and substance abuse treatment providers, dental clinics, home healthcare providers, clinical laboratories, pharmacies, and care management companies, among others.

Roger also has deep experience assisting clients in transactions involving and providing strategic counsel to a wide range of digital health companies, including telemedicine, electronic health record, revenue cycle management, artificial intelligence, remote physiologic monitoring (RPM), remote therapeutic monitoring (RTM), patient scheduling, and mobile health (mHealth) companies.

In addition to his counselling and transactional work, Roger has a long track record of successfully representing healthcare services, digital health, and life science clients in government investigations and litigation. He has represented clients in many high-stakes healthcare fraud investigations, frequently convincing the government not to pursue enforcement action against his clients and obtaining dismissals in a number of actions that have proceeded to litigation. Roger also frequently assists clients with internal investigations related to fraud and abuse and advises clients concerning self-disclosures.

Roger also represents clients in managed care reimbursement disputes and litigation. Among other matters, in a case that received significant attention in the legal press, he established new precedent in New York, convincing an appellate court to recognize an implied private right of action for health care providers under New York’s Prompt Payment Law.

Roger has been recognized as a leading healthcare lawyer by a number of industry publications, including Chambers USA, Best Lawyers, and Super Lawyers. Chambers USA noted that clients praised Roger’s regulatory expertise, ability to provide practical commercial advice, and good judgment.

Since 2017, Roger has been a Lecturer at the Weill Cornell Graduate School of Medical Sciences where he teaches a class on healthcare law to students in the Executive MBA/MS in Healthcare Leadership program sponsored by Weill Cornell and the Cornell SC Johnson College of Business. Roger is also a frequent speaker at healthcare industry events and regularly publishes articles about healthcare law. In addition, he is the editor of a chapter covering healthcare privacy in a prominent privacy law treatise and served on the editorial board of the American Health Lawyers Association’s Corporate Practice of Medicine: A Fifty State Survey.

Prior to joining Goodwin in 2017, Roger was a senior counsel at Proskauer Rose.

Tzvi Weiser, J.D., M.B.A.

Tzvi Weiser is an LLC formation and compliance specialist with NUCO Filings. NUCO Filings works with ABA owners, real estate investors, sponsors, attorneys, accountants, and business owners on entity formation, multi-state registration, registered agent service, annual reports, reinstatements, and ongoing compliance.

Tzvi has a JD, MBA, and accounting background. Tzvi works closely with clients helping them streamline weak structures, track filing obligations, and avoid preventable compliance failures. His approach is practical, direct, and built around one goal, making sure the entity structure supports the business instead of becoming the problem.

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