Stephen W. Bernstein specializes in e-health, “big data,” deployment of electronic health record systems 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, hospitals and physicians. Stephen is co-chair of the Firm’s Life Sciences Practice and served as global head of the Health Practice from 2009-2018. He also co-leads the Firm’s Digital Health affinity group, 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 has particular experience working with regional electronic health record collaborations as well as pharmaceutical, biotech, device companies, technology companies, health care providers and insurers 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.
In the transactional arena, Stephen has extensive experience advising academic medical centers and hospitals, large, multi-specialty physician practice groups both within and outside of the tax-exempt sectors, as well as venture capital/private equity firms and their health-related portfolio companies.
Representative clients include the American Society of Clinical Oncology (ASCO), Cape Cod Healthcare, Cardinal Health, Inc., Covance, Emdeon, Harvard University, The Massachusetts eHealth Collaborative, Modernizing Medicine, Northstar Realty Finance Corporation, Physicians’ Organization at Children’s Hospital, Risk Management Foundation/CRICO, Stanford University and TA Associates.
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 health care privacy/HIPAA and related security issues, data mining, clinical research and product/disease registries as well as physician compensation, and 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.
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 useable, searchable, real-world cancer information designed to improve the quality of cancer care for patients
Advised Northstar Realty Finance, a real estate investment trust on health care regulatory matters surrounding: (i) its $1.05 billion acquisition of 80 senior living facilities in 15 states, (ii) a follow-on acquisition of more than 160 health care-related properties, and (iii) an additional acquisition of a diversified portfolio of 295 health care properties in 31 states and the United Kingdom
Serves as outside counsel to major companies, including Cardinal Health, Emdeon and Modernizing Medicine concerning privacy, security, HIPAA and other data-related matters, in the merger and acquisition, regulatory and compliance contexts
Serves 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
Advised MedSolutions, a portfolio company of TA Associates, on its sale and integration with CareCore National to form eviCore Solutions
Do not send any information or documents that you want to have treated as secret or confidential. Providing information to McDermott via email links on this website or other introductory email communications will not create an attorney-client relationship; will not preclude McDermott from representing any other person or firm in any matter; and will not obligate McDermott to keep confidential the information you provide. McDermott cannot enter into an attorney-client relationship with you until McDermott has determined that doing so will not create a conflict of interest and until you and McDermott have entered into a written agreement or engagement letter that sets forth the terms of our relationship.