Jeffrey L. Kapp | Lawyers

Jeff Kapp practices in the area of health care transactions and has 30 years of experience in M&A and various types of unique and innovative joint ventures, affiliations, and outsourcing transactions. He represents hospitals and health systems in strategic transactions, such as hospital mergers and acquisitions, joint ventures, contractual arrangements, academic affiliations, and distressed transactions, including transactions involving ambulatory surgery centers, hospice and home health services, and federally qualified health centers. Jeff represents hospitals and health systems in a variety of physician contracting matters, including co-management, recruitment, employment, medical director, and hospital-based physician agreements.

Jeff counsels health systems, hospitals, emergency medical service providers, academic medical centers, and private equity firms (and their portfolio companies) regarding regulatory compliance matters, including Medicare fraud and abuse and Stark Law compliance, tax-exempt organization rules, HIPAA's privacy and security regulations, security breach notification laws, and other general health law issues.

Jeff has counseled dozens of clients regarding compliance with governmental orders and return to work issues. Jeff's outsourcing practice focuses on negotiating and drafting customer-side transactions for information technology and administrative services.

Jeff is a member of the American Health Law Association and served as a vice chair for the AHLA's Business Law and Governance Practice Group. He served as president of the Society of Ohio Healthcare Attorneys. He is a past board chair of Vocational Guidance Services and serves on the board of Cleveland Play House, both Cleveland-based nonprofit organizations.

Experience

Celtic Healthcare and Allegheny Health Network complete joint venture to combine home health and hospice assets in western PennsylvaniaJones Day advised Celtic Healthcare, Inc., a majority owned subsidiary of The Graham Holdings Company and an innovative leader in the delivery of home health care in Pennsylvania and Maryland, in the formation of a joint venture with Allegheny Health Network that will combine each organization's home health and hospice assets in the western Pennsylvania region to create a new, fully integrated and industry-leading provider of post-acute care services operating under the AHN brand and managed by Celtic's support service and leadership team.

Academic medical center forms company for joint operation of new inpatient unit focused on acute care needs of elderly patientsJones Day represented an academic medical center in connection with the formation of a company for the joint operation, with the local affiliate of a national health care system, of a new and unique inpatient unit focused exclusively on the acute care needs of elderly patients with multiple co-morbidities.

Cleveland Clinic Foundation purchases medical office building in suburban Cleveland, OhioJones Day represented The Cleveland Clinic Foundation in connection with the purchase of a suburban Cleveland, Ohio, medical office building as part of, and as contemplated by, a Master Agreement with the City of Lakewood, Ohio, concerning the cessation of operations of Lakewood Hospital and the future construction by The Cleveland Clinic of a $30+ million Family Health Center in Lakewood, Ohio.

Academic medical center invests in regional health systemJones Day advised an academic medical center in its significant financial investment in a regional health system.

Henry Ford Health System and Health Alliance Plan of Michigan sell Medicaid business in multiple Michigan countiesJones Day represented Henry Ford Health System and Health Alliance Plan of Michigan in the sale to Molina Healthcare of Michigan of certain assets of HAP Midwest Health Plan related to the Medicaid and MIChild business in five Michigan counties.

Riverside acquires Marena GroupJones Day represented The Riverside Company in connection with the acquisition and related financing of The Marena Group, LLC, a manufacturer of medical grade and fully-customizable compression garments, primarily used in post-surgical applications.

KeyBanc Capital Markets-led syndicate completes $110.9 million public offering of Common Stock by CareTrust REITJones Day represented KeyBanc Capital Markets Inc. and Wells Fargo Securities, LLC, as representatives of the several underwriters, in connection with the $110.9 million public offering of Common Stock by CareTrust REIT, Inc., a real estate investment trust focused on healthcare and senior housing properties.

KeyBanc Capital Markets-led syndicate completes public offering of Common Stock by CareTrust REITJones Day represented the underwriters, led by KeyBanc Capital Markets Inc. and Raymond James & Associates, Inc. in connection with the $171.4 million public offering of Common Stock by CareTrust REIT, Inc., a real estate investment trust focused on healthcare and senior housing properties.

Manufacturing company seeks advice on potential employee appropriation of dataJones Day assisted a manufacturing company with assessing legal compliance obligations in connection with an employee's access to company data.

Explorys acquired by IBMJones Day advised Explorys, Inc. in connection with its merger with IBM.

Hospital system puts physician services arrangement in place for national orthopaedic surgery programJones Day represented a hospital health care system on anti-kickback matters, Stark, and tax compliance issues of significant physician services arrangements for leading specialists in one of the premier national orthopaedic surgery programs.

Riverside invests in Medical Payment ExchangeJones Day advised The Riverside Company in connection with its investment in Medical Payment Exchange, Inc., a health care-focused information technology company that helps providers manage their reimbursement claims.

RockWood Equity Partners affiliate acquires Altimate MedicalJones Day advised an affiliate of RockWood Equity Partners LLC in connection with its acquisition and related financing of Altimate Medical, Inc., a manufacturer of sit-to-stand assistive devices used in patient rehabilitation, from Invacare Corporation, a manufacturer and distributor of innovative home and long-term care medical products.

Nonprofit health system negotiates joint venture with for-profit rehabilitation hospital operatorJones Day assisted a nonprofit health system in structuring and negotiating a transaction with a national specialty and rehabilitation hospital operator in which the parties created a joint venture that will own and operate a rehabilitation hospital.

Celtic Healthcare acquires VNA-TIPJones Day advised Celtic Healthcare, Inc., a majority owned subsidiary of The Graham Holdings Company and an innovative leader in the delivery of home health care in Pennsylvania and Maryland, in its acquisition of the assets of VNA-TIP HealthCare, a premier home health, hospice and private duty agency in Illinois and Missouri.

Jefferies acts as representative of initial purchasers in $250 million Rule 144A and Regulation S offering by Vantage Oncology, LLC and Vantage Oncology Finance and arranger of revolving credit facility for Vantage OncologyJones Day advised Jefferies LLC, as representative of the initial purchasers, in connection with the issuance of $250 million of 9 1/2% Senior Secured Notes due 2017 in a Rule 144A and Regulation S offering by Vantage Oncology, LLC and Vantage Oncology Finance Co., a leading provider of radiation oncology services.

Major academic medical center forms affiliation with regional health care systemJones Day successfully represented a major academic medical center in connection with the formation of an affiliation with a regional health care system providing for a minority interest in the system and co-branding of multiple hospital facilities with financial sharing arrangements based on improved quality and convenience of care for patients in the community.

Apollo Health Street completes sale to Sutherland Global ServicesJones Day advised Apollo Health Street in connection with its sale to Sutherland Global Services, a provider of business process and technology management services.

AssuraMed acquires Invacare Supply Group for $150 millionJones Day advised AssuraMed, Inc. in its acquisition of Invacare Supply Group for $150 million.

Energy company renegotiates and extends full-scope IT outsourcing agreementJones Day represented a large, multi-state utility company in the renegotiation and extension of a full-scope IT outsourcing services agreement. The new agreement has a seven-year term and is valued in excess of $450 million.

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NOVEMBER 2024 Alert

Additional Publications

March 2010
Emily's Law: Ohio Pharmacy Technicians and Their Employers Face New State Regulations, Cleveland Metropolitan Bar Journal
October 15, 2004
E-Consult Benefits About More Than Reducing Costs, Business First
February 1, 2004
Looking Ahead by Looking Back, Health Management Technology

Additional Speaking Engagements

April 8, 2022
Cleveland-Marshall College of Law Journal of Law & Health/Global Business Law Review Symposium Day
March 1-4, 2022
The Virtual Thirty-First National HIPAA Summit
January 21, 2015
Identifying and Evaluating the Drivers of Hospitals Experiencing Financial Distress
December 2, 2014
CLE Academy Privacy and Cybersecurity
June 30-July 2, 2014
HITECH Conundrums: Tough and Confusing Issues under the Omnibus Rule, American Health Lawyers Association 2014 Annual Meeting
February 12, 2014
Physician Compensation: New Paradigms in the Post-ACA World: Structuring Payment Models for Cost Reduction, Quality Improvement and Clinical Integration
April 5, 2013
Ohio Charitable Trust Act
March 15, 2013
Drafting Articles of Incorporation and Bylaws for a Nonprofit Corporation
February 27, 2013
Privacy Provisions and New Individual Rights in the Final Rule, National Webinar
July 12, 2012
Employing Physicians: Legal and Human Resource Issues and Panel Discussion
May 9, 2012
Physician Employment
October 19, 2011
Physician Employment, Professional Services Arrangements and Provider-Based Services: Ensuring a Successful and Compliant Relationship, 15th Annual Healthcare Compliance Forum
October 19, 2011
Privacy, Security and Social Media Update, 15th Annual Healthcare Compliance Forum
October 18, 2011
Physician Employment, Professional Services Arrangements, and Provider-Based Services: Ensuring a Successful and Compliant Relationship, Jones Day / Navigant 15th Annual Health Care Compliance Forum
September 23, 2011
Perspectives in Establishing Accountable Care Organizations, Fall Conference for the Society of Ohio Healthcare Attorneys and Ohio Society of Risk Managers Healthcare
April 10, 2011
The Compliance Implications of Health Care Reform, Health Care Compliance Association Compliance Institute
October 21, 2010
Electronic Health Records: Incentives, Compliance Implications and Unintended Consequences, Health Care Compliance Forum
October 8, 2010
Health Care Reform Essentials for Compliance and Finance, HCCA East Central Regional Annual Conference
September 9, 2010
ACG Great Lakes Capital Connection - Health Care Reform-the Potential Impacts for M&A and Corporate Growth
April 18, 2010
HCCA Compliance Institute - What you need to know about Health Care Reform
May 21, 2009
Planning for the New Landscape in Privacy and Security Compliance, National Teleconference sponsored by Health Care Compliance Association
May 1, 2009
Trends in Health Care M&A, 25th Annual Cleveland Metro Bar Association's Health Law Institute
March 13, 2008
Legal Issues for Retail Clinics, Cleveland Metropolitan Bar Association, Health Law Section
February 28, 2008
Stark III. . . Impact on Business Relationships with Physician Payment Models; VHA Senior Information Technology Affinity Group
October 24, 2007
HIPAA Update, 11th Annual Health Care Compliance Forum
October 23, 2006
Compliance Developments regarding the Use and Protection of Electronic Health Information, 10th Annual Health Care Compliance Forum
July 19, 2006
Medical Records Update: Confidentiality, Release of Information and HIPAA
June 12, 2006
Addressing Challenges in the Implementation of Electronic Medical Records, Ohio Hospital Association Annual Summit
May 12, 2005
Hospital Outsourcing and Patient Confidentiality, Avoiding the Compliance Landmines of HIPAA and Other Privacy Laws, panelist
April 19, 2005
E-Health Consult Benefits and Changing Regulatory Environment, the Annual Ohio Employers' Summit on Solutions to Soaring Healthcare Costs
November 18, 2004
The Future of E-Consults, Columbus Association of Group Executives
October 14, 2004
Physician E-Consulting - The Implications of Online Communications Between Patients and Their Health Care Provider, Columbus Bar Association, Health Law Committee
May 13, 2004
Practical Impact of Phase II, Stark II Regulations, Columbus Bar Association, Health Law Committee
December 01, 2003
HIPAA Update: Privacy, Security and TCS - What Have We Learned and Where are We Going? 7th Annual HealthCare Compliance Forum
October 3, 2003
HIPAA: Case Studies in Implementation, PrivacyCon 2003
October 02, 2003
Safeguarding & Liability Issues Concerning Health Information, PrivacyCon 2003
August 07, 2003
HIPAA Update, VHA - Foundation Executives Affinity Group
September 25, 2002
Privacy2002: Information, Security and New Global Realities

Jeffrey L. Kapp (Jeff)

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Experience

New York Imposes Stringent Cybersecurity and Cyber Incident Reporting Obligations on Hospitals

U.S. District Court Invalidates HHS Guidance Overreading HIPAA's Application to Online Technologies

FTC's Final Health Breach Notification Rule: Expanded Scope, New Obligations, and Modified Reporting Requirements

HHS Releases Cybersecurity Performance Goals to Enhance Cybersecurity for Health Care and Public Health Sectors

New York Governor Proposes Stringent Cybersecurity Regulations for Hospitals

My Health, My Data: Washington Enacts First State Comprehensive Health Privacy Law

Consumer Health Information and Increased Scrutiny: FTC Brings First Action Under Health Breach Notification Rule

Telehealth Awareness Week: Insights on Telehealth

Vital Signs: Digital Health Law Update | Winter 2022

Vital Signs: Digital Health Law Update | Summer 2021

Additional Publications

Additional Speaking Engagements

Jeffrey L. Kapp (Jeff)

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