Associate Attorney - Healthcare, Technology, And Privacy

Melnik Legal PLLCRemote

Posted 2 days ago

Description

Healthcare is pacing the nation in AI adoption, from ambient clinical listening to automated utilization management, but it also faces the tightest regulatory tightrope. We are seeking an ambitious Associate Attorney to join our premier Healthcare Technology & Privacy practice group in Tampa.

This isn't a generic privacy or healthcare attorney role. You will dive deep into a world where HIPAA compliance meets cutting-edge machine learning. You’ll help healthcare providers, hospital systems, and healthcare technology vendors safely deploy AI tools, architect modern privacy programs, negotiate complex transactions, and handle security incidents in an era of strict federal and state enforcement.

This role can also be done on-site at our office in Tampa, Florida, or remotely (so long as you are admitted to practice law in the state where you are physically present).

Responsibilities

Data Privacy Compliance and Technology Transactions

  • AI Compliance Counseling: Advising hospital systems, medical groups, and healthcare technology vendors on the legal risks, liabilities, and regulatory boundaries of integrating artificial intelligence into clinical and administrative settings, securing consent, and evaluating options for data use and data sharing.

  • Federal and State Privacy Counseling: Interpreting and applying HIPAA, HITECH, and evolving federal and state privacy laws, reviewing and revising Business Associate Agreements (BAAs), and advising on privacy compliance programs.

  • Data Security Breach Counseling: Providing legal representation during data security incidents, managing notification requirements, and mitigating risk during federal and state enforcement actions and regulatory investigations.

  • Technology Transactions: Structuring and negotiating technology contracts (including master services agreements, data use agreements, vendor services agreements, and licensing agreements), and drafting contract provisions to meet specific client needs and deal requirements.

Federal Anti-Kickback Statute (AKS) and Stark Law Compliance

  • Fraud and Abuse Counseling: Evaluating client business models, marketing practices, and commercial arrangements (including between healthcare providers, pharmacies, and other ancillary providers and technology vendors) against federal and state fraud and abuse laws (including, the Federal Anti-Kickback Statute, Stark, and the False Claims Act).

  • Federal and State Physician Self-Referral Review: Advising physician practices on the federal Stark law, state-specific mini-Stark laws, and self-referral prohibitions.

Physician Licensing, Scope of Practice, and Professional Regulation

  • Advising on Arrangements Impacting Corporate Practice of Medicine (CPOM): Structuring Management Services Organization (MSO) agreements, technology contracts, and related arrangements to comply with state entity ownership and physician licensing requirements.

  • Advising on Scope of Practice and Supervision Requirements: Counseling medical practices on state-specific legal boundaries and supervision requirements for Advanced Practice and Mid-Level Providers (APPs, such as NPs and PAs), compensation structures, and ownership.

Qualifications

Required Professional Experience and Knowledge

  • Healthcare Regulatory Counseling: Experience with counseling on compliance with the Federal Anti-Kickback Statute and other federal and state fraud and abuse laws, state physician licensing laws, and corporate practice of medicine matters. The ability to take dense, evolving healthcare laws and rules and translate them into clear, actionable advice for healthcare providers, technology developers, and other non-technical stakeholders.

  • Technology and Privacy Knowledge: A strong command of HIPAA and other federal and state data privacy and security laws, how these laws fit together, and how to apply them to client situations (including data breaches and data licensing). Familiarity with emerging federal and state guidelines and laws on artificial intelligence.

  • Transactional Skills: Experience drafting and negotiating complex technology agreements, software-as-a-service (SaaS) contracts, and Business Associate Agreements (BAAs).

Compensation

$100,000 - $160,000/year

About Melnik Legal PLLC

Details You’ll Want to Know

We offer an excellent benefits package to full-time employees, including health insurance (coverage for you is paid 100% by the firm), dental, vision, 401(k) with employer match, short- and long-term disability, life insurance, paid time off, and a home office allowance.

Resume upload*

Do you have a bar license in the state where you are physically present?
Have you passed the BAR exam?
Do you have experience as a practicing attorney?
Do you have at least 3 years of healthcare transactions experience, meaning you drafted and negotiated the contracts?
Do you have at least 3 years of contract drafting experience?
Do you have at least 3 years experience with info technology law - draft/negotiate contracts, reviewed/applied federal and state IT regulations?
Do you have previous law firm experience?
Are you authorized to work in the United States?

Your responses help the employer evaluate your fit for this role.

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