Overview
Stephen W. Bernstein specializes in e-health, “big data”, data engineering, deployment of digital health tools and solutions and health-related matters affected by the internet and the Health Insurance Portability and Accountability Act (HIPAA), as well as private equity investments, mergers, acquisitions, affiliations and joint ventures involving technology, digital health companies, hospitals and physicians. Stephen co-leads the Firm’s Digital Health Practice, which brings together McDermott lawyers from within and outside the Health Industry Advisory Practice Group to develop thought leadership, share information and collaborate on best practices. Stephen served as global head of the Firm’s Health Practice from 2009-2018. He has served on the Firm’s Management, Compensation, Executive and Finance Committees.
Stephen has particular experience working with private equity funds, venture funds, as well as pharmaceutical, biotech and device companies concerning uses of health information for clinical and database research, product/disease registries and marketing matters, electronic health record development and implementation, including the ways these endeavors relate to personalized medicine.
Representative clients include the Best Buy Health, OMERS Private Equity, Modernizing Medicine, Nuance Communications, American Society of Clinical Oncology (ASCO), Stanford University, Physicians’ Organization at Children’s Hospital (Boston), Cape Cod Healthcare, Summit Partners and Caisse de dépôt et placement du Québec (CDPQ).
Stephen has practiced health law since 1988 in Boston, Massachusetts, and in Palo Alto, California. In Palo Alto, he provided on-site counsel to Stanford University Medical Center. Among other accomplishments at Stanford, Stephen participated in the negotiations for the affiliation between Stanford Health Services and Lucile Salter Packard Children’s Hospital. He lectures extensively on healthcare technology privacy/HIPAA and related security matters, digital health, collaborative transformations, data mining, clinical research and product/disease registries as well as electronic health record implementation. Stephen has been featured on National Public Radio’s syndicated program Here and Now and has been quoted by The Wall Street Journal and The Washington Post on medical privacy issues.
Results
- Advised Best Buy Health on its $400M cross-border acquisition of remote Patient Monitoring Company, Current Health
- Advised OMERS Private Equity on healthcare regulatory matters associated with its $900M+ acquisition of Gastro Health
- Advises the American Society of Clinical Oncology on its development and ongoing implementation of CancerLinQ, a national initiative aimed at assembling a vast database of usable, searchable, real-world cancer information designed to improve the quality of cancer care for patients
- Advises BehaVR, a virtual reality company focused on utilizing new technology to for anxiety regulation, pain management and maternal health.
- Serves as outside counsel to major companies, including Modernizing Medicine concerning privacy, security, HIPAA and other data-related matters, in the regulatory, compliance and merger/acqusition contexts
- Served as outside counsel to the Massachusetts eHealth Collaborative (MAeHC) on its implementation of its nationally recognized pilot program with Blue Cross of Massachusetts to implement electronic health records and health information in three communities, involving 600 clinicians and several hospitals, in addition to advising on the implementation of MAeHC’s Quality Data Warehouse and the provision of these services to numerous health systems
Recognitions
- The Best Lawyers in America, Healthcare Law, Boston, 2007 to 2024
- The Legal 500 United States, 2015 to 2019
- Chambers USA, 2010 to 2023, Band 1 in Healthcare
- Who’s Who Legal: Healthcare 2021
- US Healthcare Expert Guide, EuroMoney Legal Media Group
- Boston Magazine, Massachusetts Super Lawyer
Community
- American Health Lawyers Association
- Jewish Family & Children’s Services, member of the Board of Directors and the Disabilities Committee
Credentials
Education
Boston College Law School, JD, cum laude, 1988
Duke University, AB, magna cum laude, 1985
Admissions
California
District of Columbia
Massachusetts
