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Brian F. Higgins
Managing Associate
Cincinnati, OH
Managing Associate
Cincinnati, OH
Brian is a corporate lawyer with particular knowledge of the health care industry’s nuanced statutes and regulations. He advises health care clients on corporate formation, transactions, and regulatory concerns to ensure compliance with the anti-kickback statute and the Stark law. He has also implemented company-wide compliance policies and procedures addressing fraud, waste, and abuse and patient privacy protections through HIPAA and the federal Part 2 regulations for substance abuse programs. Brian knows the unique challenges presented by medical marijuana laws and assists health care providers and entrepreneurs with understanding the federal law interaction with such laws.
Prior to joining the firm, Brian was a corporate attorney at Medpace, Inc., a publicly-traded clinical research organization focused on the development of pharmaceuticals and medical devices. Brian also served as a legal intern to The Christ Hospital’s legal department.
Negotiated and closed million dollar asset acquisition of compounding and retail pharmacies in accordance with DEA, Medicare/Medicaid, and Board of Pharmacy regulations.
Assisted private medical practice in defending and reducing an overpayment allegation from a private insurer by around 88%.
Created and implemented organization-wide approaches to various healthcare facilities’ approach to medical marijuana.
Advised clients on the federal Stark law and anti-kickback statute and their state law equivalents when structuring investment opportunities for physicians in management services organizations.
Counseled clients on patient privacy issues and disclosures under federal law like HIPAA and the Part 2 Regulations.
Provided regulatory and corporate law advice on the structure and operations of substance use disorder clinics.
Negotiated the regulatory licensure transfer for a non-profit health system’s sale to a for-profit buyer in the midst of a multi-million dollar acquisition.
Drafted corporate and offering documents for investment in ambulatory surgical centers.
Assisted in negotiating the multi-million dollar sale of a physician group to a national health system.
Drafted corporate formation documents, including operating agreements, bylaws, and codes of regulations for healthcare entities.
Advised pharmaceutical manufacturers on Medicare’s 340B program.
University of Cincinnati, College of Law, J.D., 2015
Dean’s List – Spring 2014, Fall 2014, Spring 2015
Moot Court Honor Board Member
Associate Editor of the Immigration and Nationality Law Review
Denison University, B.A., Spanish, 2009
Dean’s List Fall 2006, Spring 2007, Spring 2008
National Spanish Honor Society Inductee (Sigma Delta Pi)
New York State Supreme Court, Judge John Curran
Co-Chair, Cincinnati Bar Association’s Health Law Committee
COVID-19 Hospital Funding & Other Related Issues |Â Kentucky and West Virginia Hospital Associations (Webinar), May 21, 2020
Medical Marijuana Law Update | The Health Collaborative (Cincinnati, Ohio), April 1, 2019
Medical Marijuana Law for Elder Care Professionals | The Forum on Aging’s Annual Conference (Sharonville, Ohio Convention Center), March 12, 2019
Medical Marijuana Law for Health Care Professionals |Â Law Office of Dennison Keller (Blue Ash, Ohio), February 28, 2019
Ohio’s Medical Marijuana Law: What Elder Care Professionals Need to Know | Law Office of Dennison Keller (Blue Ash, Ohio), August 23, 2018
Ohio’s Medical Marijuana Law | Cincinnati Bar Association’s Health Law Series (Cincinnati, Ohio), December 6, 2018
Medical Marijuana Law Update | The Health Collaborative (Cincinnati, Ohio), November 2, 2018
Medical Marijuana Law for Health Care Professionals and Employers Webinar | Rich Moore and Brian Higgins, November 13, 2018
Ohio’s Medical Marijuana Law | Cincinnati Bar Association Brown Bag Series (Cincinnati, Ohio), October 3, 2018
Medical Marijuana Law for Hospitals |Â Ohio Hospital Association Annual Conference (Columbus, Ohio), June 5, 2018
What will Happen to the Affordable Care Act under the Trump Administration? | Frost Brown Todd (Cincinnati, Ohio), February 10, 2017
April 22, 2021 | Blogs
On April 19, 2021, the State of Ohio Board of Pharmacy approved increasing the number of medical mar...
March 16, 2021 | Blogs
As the health care industry continues to integrate, providers and health care professionals are chal...
March 10, 2021 | Blogs
The Department of Health and Human Services (HHS) issued a Notice of Proposed Rulemaking (the “NPR...
March 1, 2021 | Blogs
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule applies only to...
February 19, 2021 | Blogs
In the first draft of the State of Ohio budget, Governor Mike DeWine has proposed that hospitals bec...
February 12, 2021 | Blogs
On November 20, 2020, the Centers for Medicare & Medicaid Services (CMS) and the Department of H...
November 16, 2020 | Blogs
On October 29, 2020, the Department of Health and Human Services, the Department of Labor, and the D...
July 28, 2020 | Blogs
The Ohio Medical Marijuana Control Program (the “OMMCP”) is scheduled to accept new testing labo...
July 14, 2020 | Coronavirus Response Team
The IRS has recently issued FAQ guidance regarding the tax implications for providers who are the ...
May 11, 2020 | Blogs
The Ohio State Board of Pharmacy (the “Board”) has filed amended rule changes to the Ohio Medica...
May 1, 2020 | Coronavirus Response Team
As most health care providers (and many of their patients) are aware, the CARES Act allocated $100 b...
April 24, 2020 | Blogs
This will come as welcomed news to Ohio health care providers struggling financially during the COVI...
April 14, 2020 | Blogs
On April 11, 2020, the federal government issued guidance to ensure that Americans with private heal...
April 10, 2020 | Coronavirus Response Team
The CARES Act signed into law on March 27, 2020, provides $100 billion dollars in “Provider Relief...
April 9, 2020 | Coronavirus Response Team
Recently, our Coronavirus Response Team discussed the potential for private nonprofit organizations ...
March 31, 2020 | Blogs
The COVID-19 outbreak has led to several changes with respect to the delivery of mental health and s...
March 2, 2020 | Blogs
Private equity’s expansion into healthcare has proliferated in the past decade, with over 181 priv...
January 29, 2020 | Blogs
Direct primary care practices have received considerable attention lately, so it seems timely to dis...
December 4, 2019 | Blogs
Soil. Seeds. Sunlight. A license – AND A LOT OF HARD WORK. With the explosion of the hemp-derived ...
November 25, 2019 | Blogs
Ohio’s medical marijuana program is almost one year old. Patient numbers have increased since Janu...
October 10, 2019 | Blogs
Background Peppered with references to ride sharing, interoperability, cybersecurity, and electronic...
September 11, 2019 | Blogs
In a first of its kind enforcement action, the Office of Civil Rights at the Department of Health an...
July 31, 2019 | Blogs
It’s official — with Governor DeWine’s signature, Senate Bill 57 legalized hemp-derived produc...
July 22, 2019 | Blogs
According to the Centers for Medicare & Medicaid Services (CMS) final rule, effective September ...
July 17, 2019 | Blogs
The Centers for Medicare and Medicaid Services (CMS) and the Office of the National Coordinator for ...
July 8, 2019 | Blogs
Marijuana products liability claims are inevitable. As the marijuana industry increases in size, and...
April 23, 2019 | Blogs
State laws vary considerably in terms of the professional obligations they place on physicians obtai...
March 29, 2019 | Blogs
Hemp is not marijuana – let us start there. This is a critical distinction the Ohio legislature ha...
December 20, 2018 | Blogs
Labs, clinical treatment facilities, and recovery homes BEWARE! If you are currently using marketers...
November 15, 2018 | Publications
Using marijuana or other controlled substances has long been known to be a basis for inadmissibility...
October 29, 2018 | Blogs
On October 3, 2018, Congress approved the SUPPORT for Patients and Communities Act (H.R. 6). This bi...
July 19, 2018 | Blogs
Co-Author: Maxwell Williams Cash only? Informed consent forms? Waivers of liability? The original...
July 13, 2018 | Blogs
Co-author: Ashley Ramm In response to President Trump’s American Patients First Blueprint, ...
June 26, 2018 | Blogs
Co-author: Nathan Truitt Ironically named the “Choice Demonstration,” the Centers for...
April 9, 2018 | Blogs
“Grandma’s tremors appear to have gotten worse lately. She mentioned she wants to try ...
March 20, 2018 | Blogs
Ohio doctors can now apply to become certified to recommend medical marijuana for treatment. The O...
January 31, 2018 | Blogs
Physicians interested in recommending medical marijuana are already completing the two hours of co...
December 4, 2017 | Blogs
It’s already a stressful time of year, but for those vying for a license to convert marijuan...
December 1, 2017 | Blogs
The Centers for Medicare and Medicaid Services (CMS) recently released a Final Rule that will cut ...
October 31, 2017 | Blogs
Ohio physicians interested in treating patients with medical marijuana need to understand their ob...
August 16, 2017 | Blogs
Ohio’s medical marijuana program is set to begin just a little over a year from now. The pro...
July 11, 2017 | Blogs
Only 13! That is the percentage of applicants who will ultimately receive an Ohio medical marijuan...
May 4, 2017 | Publications
Many will apply, few will win. The race is on for prospective cultivators to present the best case p...
March 20, 2017 | Blogs
President Trump said he was “100 percent” in favor of medical marijuana during his cam...
March 7, 2017 | Publications
$214 million dollars. That was the amount a Court of Federal Claims judge recently decided the gover...
January 31, 2017 | Publications
Cultivators will farm it. Dispensaries will sell it. But, how will Ohio’s medical marijuana ge...
January 23, 2017 | Publications
Ohio’s medical marijuana regulations are budding. Ohio recently released proposed rules for cu...
January 23, 2017 | Blogs
Ohio’s medical marijuana regulations are budding. Ohio recently released proposed rules for ...
December 20, 2016 | Publications
Throughout his presidential campaign, President-Elect Donald Trump criticized President Obama’...
December 20, 2016 | Publications
On December 15, 2016, the Ohio Board of Pharmacy posted its proposed rules governing the operation o...
December 20, 2016 | Blogs
On December 15, 2016, the Ohio Board of Pharmacy posted its proposed rules governing the operation...
October 3, 2016 | Publications
“Let’s get together and feel alright” sang the Ohio legislature to those suffering...
October 3, 2016 | Blogs
“Let’s get together and feel alright” sang the Ohio legislature to those sufferi...
August 26, 2016 | Press Releases
Frost Brown Todd announces that Associate Brian F. Higgins has joined the firm’s Health Law pr...
March 12, 2015 | Blogs
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