Gina Bertolini

Practice Areas

Gina Bertolini advises health care clients on health care privacy and security, fraud and abuse, digital health, and complex commercial health care contracting matters. Gina frequently advises on the complex interplay between privacy, technology, and health care. In the digital health space, she assists health care providers and technology companies in navigating federal and state regulations related to the provision of care via telemedicine, including corporate practice of medicine (CPOM), state licensure, privacy, reimbursement, and state and federal laws for treating and prescribing via remote modalities. In the data privacy and security space, she advises on federal and state privacy laws, structures health care data transactions in the commercial and research spaces, and has managed multiple health system data breaches, from initial mitigation and investigation to interfacing with government regulators and developing notice and response initiatives. Gina develops policies and trainings to address HIPAA, Information Blocking, and Confidentiality of Substance Use Disorder Records compliance, and has advised multiple health systems on the development of their electronic health record systems (including patient portals) and their Information Blocking compliance efforts. Gina also assists health care providers with significant commercial contracting initiatives, including developing comprehensive suites of supply chain contracts and contract playbooks, structuring health system group purchasing organizations (GPOs) and purchasing collaboratives, and negotiating multi-million dollar commercial contract initiatives.

As a former academic medical center in-house attorney, Gina advises on the intersection of complex federal and state policies and the provision of health care, such as EMTALA, 501(r) and state law charity care requirements, the Anti-kickback Statute and Inducements to Beneficiaries laws, and credentialing and peer review. Gina also has experience structuring hospital-third party arrangements, negotiating joint venture and affiliation contracts, and assisting with health care mergers and acquisitions, and advises on physician contracting, including structuring compliant physician compensation arrangements.

Gina has a particular interest in issues related to the facilitation of patient care, including risk management, informed consent, medical ethics, treatment of minors, substance use disorders, and end-of-life decision-making.

Gina is an active author and speaker on critical issues affecting the health care industry.

Publications

“Top Ten Issues in Health Law 2024,” American Health Law Association, 1 January 2024

“Privacy of Health Information After Dobbs: OCR Guidance on Disclosures of PHI and The Privacy of Personal Information on Devices,” Employee Relations Law Journal, Winter 2022

“Ransomware Attacks Target Health Care Industry,” Reuters Westlaw Today, 31 October 2022

“5 Steps For Counsel Managing Health Care Data Breaches,” Law360, 18 March 2022

340B Program Omnibus Guidance: Mega-Changes on the Horizon?, American Health Lawyers Association Rap Sheet, November 2015

Education