Associate Attorney
Melnik Legal PLLC • Tampa, FL, US
Posted 16 hours 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 role. You will dive deep into a world where HIPAA compliance meets cutting-edge machine learning. You’ll help healthcare providers, hospital networks, and healthtech vendors safely deploy AI tools, architect modern privacy programs, and handle complex security incidents in an era of strict federal enforcement.
Responsibilities
Data Privacy Compliance
- AI Compliance Counseling: Advising hospital networks, medical groups, and healthtech vendors on the legal risks, liabilities, and regulatory boundaries of integrating artificial intelligence and machine learning into clinical and administrative settings.
- HIPAA & Federal Privacy Advisory: Interpreting and applying HIPAA, HITECH, and evolving federal privacy regulations to digital healthcare practices, automated workflows, and data processing.
- Privacy Framework Drafting: Designing, reviewing, and implementing legally sound privacy programs, governance policies, and Business Associate Agreements (BAAs) that ensure compliance with current data protection laws.
- Data Security Breach Counseling: Providing legal representation during data security incidents, managing notification requirements, and mitigating risk during federal enforcement actions or regulatory investigations.
Healthcare Fraud, Abuse & Transactional Structuring
- Federal Anti-Kickback Statute (AKS) & Stark Law Compliance: Reviewing, structuring, and auditing software licensing agreements, joint ventures, and subscription models between healthtech vendors and providers to ensure arrangements do not offer improper remuneration to induce federal healthcare program referrals.
- State-Level Fraud & All-Payer Kickback Advisory: Evaluating client business models, marketing practices, and commercial arrangements against state-specific anti-kickback statutes, "all-payer" laws, and state False Claims Acts to prevent illegal referral or billing arrangements.
- State Financial Self-Referral Counsel: Advising physician practices and networks on state-specific mini-Stark laws and self-referral prohibitions regarding ownership interests in ancillary health service entities.
- Billing & Utilization Fraud Prevention: Auditing automated billing platforms, utilization management software, and AI documentation tools to prevent upcoding or systemic false claims.
Physician Licensing, Scope of Practice & Professional Regulation
- Corporate Practice of Medicine (CPOM) Safeguards: Structuring Management Services Organization (MSO) agreements and technology contracts to ensure healthtech vendors do not violate CPOM doctrines or improperly interfere with a physician’s independent clinical judgment.
- Scope of Practice & Supervision Advisory: Counseling healthcare networks on state-specific legal boundaries and supervision requirements for Advanced Practice Providers (APPs, such as NPs and PAs) utilizing clinical AI decision-support tools.
- Professional Board & Department of Health Defense: Representing licensed practitioners and medical groups before state licensing boards and departments of health regarding administrative complaints, billing audits, or professional disciplinary actions.
Qualifications
Helpful Professional Experience & Knowledge
- Healthcare Regulatory Expertise: A strong command of HIPAA (Privacy, Security, and Breach Notification Rules), the HITECH Act, and state-specific medical privacy laws.
- Technology & Privacy Law Background: Experience handling data privacy frameworks, cyber incident response, and data breach laws. Familiarity with emerging federal guidelines on Artificial Intelligence and machine learning transparency in healthcare is highly relevant.
- Transactional Skills: Experience drafting and negotiating complex technology agreements, software-as-a-service (SaaS) contracts, and Business Associate Agreements (BAAs).
Professional Skills
- Regulatory Analysis: The ability to take dense, evolving technology guidelines and translate them into clear, actionable risk management advice for hospital executives and tech developers.
- Crisis Management: The composure and legal precision required to guide a client through a high-stakes data breach or federal investigation under tight legal deadlines.
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.
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