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Nili S. Yolin

Member

NSYolin@mintz.com

+1.212.692.6799

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Nili helps health care clients understand and navigate the regulatory environment in order to maximize their business opportunities. She draws on her knowledge of federal and state laws to help clients structure complex transactions and enter into professional services, consulting services and other arrangements that reduce their risk of liability under intricate regulatory frameworks such as corporate practice of medicine, anti-kickback, and self-referral (Stark) laws.

Nili counsels hospitals, large and small group practices, community-based providers of behavioral health and social services, managed care organizations and emerging companies in connection with various health care transactional matters such as joint ventures, mergers, acquisitions, divestitures and affiliations, primarily within New York’s heavily regulated environment.  With a deep understanding of the health care industry, Nili oversees comprehensive diligence of target companies and offers practical, creative solutions that lead to successfully closed deals for her clients.

Nili also regularly advises her health care clients on state and federal regulatory compliance matters, including with respect to the corporate practice of medicine, telemedicine, and fraud and abuse. Nili regularly advises tax-exempt hospital systems with medical staff matters, provider and third party payor contracts, executive compensation and corporate governance issues, consults with teaching hospitals and academic medical centers on ACGME accreditation issues, represents physicians undergoing professional misconduct investigations and proceedings, and assists specialty providers, including dialysis centers, adult care facilities and licensed home care services agencies with their New York certificate of need applications.   

  

Education

  • Brooklyn Law School (JD)
  • New York University (BA)

Experience

  • Represented multiple managed care organizations in the sale and acquisition of commercial, Medicare and Medicaid plans.
  • Represented a national behavioral health managed care organization in its initiative to staff employer-based clinics in 42 states with behavioral health care providers.
  • Served as regulatory counsel in connection with an acquisition of a dental discount plan.
  • Represented one of the largest kidney care providers in multiple joint venture arrangements, acquisitions and divestitures in New York and nationwide.
  • Served as transactional counsel in the sale of renowned New York City pediatric ophthalmic practice.
  • Served as regulatory counsel to a large hospital system in connection with the sale of its outreach laboratory to a national laboratory service provider.

Recognition & Awards

  • Chambers USA: New York – Healthcare (2018-2020)
  • Included on the New York Super Lawyers Rising Star: Health Care list (2014 - 2015)
  • Best Lawyers in America: Health Care Law (2020-2021) 

Involvement

  • Member, New York Bar Association
  • Member, American Healthcare Lawyers Association

Viewpoints

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Health Law Diagnosed — Telehealth Transformation: Where We Are and Where We’re Headed

April 9, 2021 | Podcast | By Nili Yolin, Ellen Janos, Cassandra Paolillo

The ability to provide health care from a remote location has been around for many years, but with the arrival of COVID-19, hospitals, physicians, and other health care providers have had to rapidly rethink their traditional models of health care delivery.
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Health Law Diagnosed — Final Rules Amending the Anti-Kickback Statute and Stark Law Regulations: Part 2

March 17, 2021 | Podcast | By Nili Yolin, Karen Lovitch, Rachel Yount

At the end of 2020, the US Department of Health and Human Services Office of Inspector General and Centers for Medicare and Medicaid Services issued final rules modifying and expanding upon the regulatory safe harbors and exceptions to the federal Anti-Kickback Statute and the Stark Law, respectively.
Read more
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Final Rules Amending the Anti-Kickback Statute and Stark Law Regulations: Part 1

February 16, 2021 | Podcast | By Nili Yolin, Karen Lovitch, Rachel Yount

At the end of 2020, the U.S. Department of Health and Human Services Office of Inspector General and Centers for Medicare and Medicaid Services issued final rules modifying and expanding upon the regulatory safe harbors and exceptions to the federal Anti-Kickback Statute and the Stark Law, respectively.
Read more
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Health Law Diagnosed — Bioethical Considerations in a Pandemic

January 7, 2021 | Podcast | By Nili Yolin, Bridgette Keller

Mounting anxiety over how to control the spread of infectious disease outbreaks encourages public and political discourse of bioethics.
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Despite dramatic improvements in the overall health of the population, racial and ethnic disparities in health and in our health care delivery system persist.
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This third post in our multi-part series on the final rules examines the three new AKS safe harbors and four new Stark Law exceptions that offer protection for value-based arrangements. The primary goal of these final rules is to reduce regulatory barriers and advance the health care industry’s transition to value-based care. Value-based care, often referred to as pay-for-performance, is a payment model that offers health care providers and suppliers financial incentives to meet certain performance measures that improve quality of care or appropriately reduce costs, as opposed to traditional fee-for-service or capitated payments healthcare reimbursement.

Plus, we have prepared easy-to-read comparison charts breaking down the current, proposed, and final regulations. These comparison charts offer a quick way to get up to speed on these voluminous final rules and their many historic changes to the AKS and Stark Law.
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In the inaugural episode of Mintz’s Health Law Diagnosed, Dianne Bourque (Member, Mintz Health Law Practice) discusses why HIPAA is so engrained in our collective consciousness, how it was already equipped to handle public health emergencies, and the important changes made over the last several months to address the COVID-19 outbreak.
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Last week, the New York State Department of Financial Services released a proposed amendment to the regulations promulgated under the State’s Emergency Medical Services and Surprise Bills law (the SBL), which adds additional notice requirements for insurers and out of network (OON) providers.
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On January 15, 2019, Governor Cuomo released the 2019-2020 Executive Budget, which proposes substantial legislative changes that would affect pharmacy benefit managers (PBMs).  Among other things, the law would require PBMs to be licensed and places limitations on how they can be compensated. This week, the State Senate released its own Budget that, while joining the Governor's efforts to regulate PBMs, purports to create additional safeguards around PBM business activities, including increased financial penalties on PBMs that violate the law.
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New Jersey Regulates Out-Of-Network Billing

August 31, 2018 | Blog | By Bridgette Keller, Nili Yolin, Hope Foster

News alert for all New Jersey health care providers! A new law went into effect yesterday (August 30, 2018) that changes billing requirements for out-of-network services in New Jersey.
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News & Press

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Mintz partner and Massachusetts lawyer Julie Korostoff is one of 49 attorneys recognized as “Leaders in Their Fields” by the 2018 Chambers USA: America's Leading Lawyers for Business guide. Chambers named Korostoff a “Recognized Practitioner” in Technology.
Thirteen attorneys from Mintz have been named New York Super Lawyers for 2014 and eleven have been named New York Rising Stars. The list will be published in a special advertising supplement in The New York Times Magazine and in a stand-alone magazine, New York Super Lawyers - Metro Edition.

Events

Speaker
Apr
8
2019

Lawline Webinar

Managing Disruptive Physicians in the #MeToo Era

Panelist
Feb
5
2019

AHLA's Physicians and Hospitals Law Institute

Promoting Medical Staff Professionalism in the #MeToo Era

San Antonio, TX

Speaker
Feb
1
2017

Mintz and Grant Thornton Present a Multitopic CLE Workshop

Grant Thornton 757 3rd Avenue and 47th Street New York, NY