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William S. Bernstein

William S. Bernstein

Partner
Chair, Healthcare Division
wbernstein@manatt.com

  • New York City
    Direct: 212.830.7282
    General: 212.790.4500
    Fax: 212.790.4545

Professional Experience

Mr. Bernstein is a member of Manatt, Phelps & Phillips, LLP’s Executive Committee, Chairman of the Healthcare Division, and Administrative Partner of the New York office.  Mr. Bernstein’s law practice concentrates on advising clients in the healthcare industry, including provider organizations, payor organizations, emerging companies and financial institutions.  His practice also emphasizes strategic, business, transactional and regulatory matters.

Mr. Bernstein counsels numerous states, providers, companies and coalitions on healthcare information infrastructure and associated regulatory and financial considerations.  He also speaks and writes extensively on emerging public policy issues in the health information technology field.  He has assisted clients in raising billions of dollars of public-sector financing, ranging from innovative public-private ambulatory initiatives to cutting-edge funding for hospitals.

Mr. Bernstein has served as a law clerk to the Honorable Raymond J. Pettine, United States District Judge for the District of Rhode Island (1983), and as a staff member in the Office of Secretary Joseph A. Califano Jr., the United States Department of Health, Education and Welfare (1979).


Education

New York University School of Law, J.D., 1982.

Brown University, M.A., American History, 1979.

Brown University, B.A., magna cum laude, 1978.
Phi Beta Kappa.


Memberships & Activities

Admitted to practice in New York (1983) and before the United States Court of Appeals, First Circuit.

Director, Center for Democracy and Technology.

Director, Human Rights in China.

Member, American Health Lawyers Association.

Advisory Board Member, BNA.


Honors & Awards

International Best Lawyers, Chambers USA Guide, 2005-2008 and 2010.

The Best Lawyers in America, 1991-2011.

New York Super Lawyers, 2006-2008.

Outstanding Healthcare Transaction Lawyers, Nightingale's Healthcare News, 2005.

Arthur Garfield Hays Civil Liberties Fellow, NYU School of Law, 1981-1982.

Alan Teitler Award for scholarship in the field of Law & Medicine, NYU School of Law, 1982.

Vanderbilt Medal for extraordinary contribution to the School of Law, NYU School of Law, 1982.

HEW Award for outstanding service, 1979.

Root Tilden Scholar, NYU School of Law, 1979-1982.


Publications

Co-Author, "Stage 1 Meaningful Use Requirements Finalized Under HITECH EHR Incentive Program," BNA, Inc., July 2010.

Co-Author, "Implementing National Health Reform in California: Changes to Public and Private Insurance," California Healthcare Foundation, June 2010.

Co-Author, "HITECH Revisited," California Healthcare Foundation, Colorado Health Foundation, and United Hospital Fund, June 2010.

Co-Author, "Health IT Law & Industry Report: Meaningful Use and Certification of Electronic Health Record Under the HITECH Medicare and Medicaid EHR Incentive Programs," BNA, Inc., January 2010.

Co-Author, "HITECH's State Health Information Exchange and Health IT Extension Programs: Providing Infrastructure and Support for Meaningful Use of EHRs," BNA, Inc., November 2009.

Co-Author, "The Role of Local Governments in Administering Medicaid in New York," Medicaid Institute at the United Hospital Fund, August 2009. 

Co-Author, “State Regulation of De-Identified Health Information How States Like New Hampshire Are Getting it Wrong on Privacy, Might Kill Healthcare’s Golden Goose,” BNA’s Privacy & Security Law Report, 8 PVLR 14, April 6, 2009.

Co-Author, “What California Stands to Gain:  The Impact of the Stimulus Package on Health Care,” California Health Care Foundation, March 2009.

Author, “Jumpstarting Access to Personal Information with Rights-based Legislation,” Journal of American Health Information Management Association, July 2008.

Co-Author, “Whose Data Is It Anyway? Expanding Consumer Control Over Personal Health Information,” California HealthCare Foundation, February 2008.

Contributor, “State Level Health Information Exchange:  Roles in Ensuring Governance and Advancing Interoperability,” Preliminary 2007 Findings from State-level HIE Consensus Project, prepared for U.S. Department of Health and Human Services Office of the National Coordinator for Health Information Technology, September 28, 2007.

Co-Author, “Federal District Court Rules that New Hampshire's Broad Prohibition on Transfer and Use of Physician Prescribing Data Violates the First Amendment,” Privacy & Data Security Law Journal, August 2007.

Co-Author, “Health Information Exchange Projects:  What Hospitals and Health Systems Need to Know,” American Hospital Association, April 2006.

Co-Author, “The New Healthcare Frontier:  Navigating Through the Land of Regional Health Information Organizations," Advance for Health Information Executives, March 2005.


Speaking Engagements

Faculty, State Alliance for e-Health 2nd Annual State Learning Forum, National Harbor, MD, September 2009.

Moderator, "State Leadership in the Context of the Federal HIE Agenda: NHIN and Aligning Standards, Policies, Incentives and Resources with State Efforts," State Health Information Exchange Leadership Forum, Alexandria, VA, May 2010.

Presenter, "Health Information Technology and the American Recovery and Reinvestment Act of 2009," Weill Cornell Medical College Fellowship Program in Health Care Quality and Medical Informatics Research, New York, NY, May 2010.

Presenter, "State Designation: What Support Will State Designated Entities and Regional Health IT Extension Centers (RECs) Provde Now and Throughout My EMR Deployment?," Healthcare Stimulus Exchange National Event Series, New York, NY, April 2010.

Co-presenter, "Stimulating Meaningful Use: Legal and Practical Issues Facing Hospitals, Physicians and Medical Groups," California Society for Healthcare Attorneys Annual Meeting and Spring Seminar, Monterey, CA, April 2010.

Moderator, "The Next Wave in Health Care: Using Health Information Technology for Improving Front Line Programs," New York University Wagner Executive Briefing Series, New York, NY, January 2010.

Panelist, "Applying for Stimulus," Axolotl's 8th Annual Customer Conference, Las Vegas, NV, September 2009.

Speaker, National Committee on Vital and Health Statistics Executive Subcommittee, Hearing on Meaningful Use of Health Information Technology, Washington, DC April 2009.

Co-speaker, "Hey, That's My Data!: Expanding consumer Control over Personal Health Information," Healthcare Information and Management Systems Society  Conference, Chicago, April 2009.

Keynote Speaker, "Privacy & Technology," Lifetime Healthcare Companies Boards of Directors Spring Conference, Skaneateles, New York, April 2008.

Panelist, “Creating Public Trust in Having Their Health Information on the Net,” Connecting Americans with Their Health Care Conference, Hosted by The Markle Foundation, La Jolla, CA, December 2007.

Conference Chair, “Defining Key Health Information Technology Terms,” The National Alliance for Health Information Technology Network Conference, November 2007.

Keynote Speaker, “National Healthcare Policy and Health IT Implications for Employers,” ActiveHealth Client Advisory Group, New York, NY, November 2007.

Panelist, “State Level Health Information Exchange:  Roles in Ensuring Governance and Advancing Interoperability,” Preliminary 2007 Findings from State-level HIE Consensus Project, eHealth Initiative Annual Meeting, October 2007.

Facilitator, "Using Data Analytics to Improve Care and Transform Insurance Design:  ActiveHealth's Vision," California Healthcare Institute's California Healthcare Policy Forum, La Jolla, CA, August 2007.

Panelist, “Recent Legal Decisions and their Implications,” Future Directions and Issues:  Game Changers Panel, American Medical Informatics Association (AMIA) Invitational Conference:  National Framework for the Secondary Use of Health Data, Reston, VA, June 2007.

Speaker, “Advancing Health Information Technology: Lessons from New York State and National Efforts,” Pennsylvania eHealth Initiative Strategic Planning Retreat, January 2007.

Speaker, “RHIOs: The Emerging Legal Issues,” The Healthcare Roundtable for Corporate Counsel, Carmel, CA, September 2006.

Speaker, “Regional Health Information Organizations (RHIOs),” Orange County Business Council (OCBC) Healthcare Task Force's Regular Meeting, Orange County, CA, September 2006.

Speaker, “Beyond Managing Care: Striving for Excellence,” New York State Department of Health Office of Managed Care Conference, Saratoga Springs, NY, May 2006.

Speaker, “Regional Health Information Organizations: Roles for Hospital Associations,” American Hospital Association State Issues Forum Meeting, Washington, DC, April 2006.

Speaker, “Sustainable Funding Models for RHIOs,” Get Connected Knowledge Forum, Dallas, TX, June 2005.

Speaker, “Patient Safety and Health Information Technology: Making the Health Care System Safer Through Implementation and Innovation,” Agency for Healthcare Research and Quality 2005 Annual Meeting,  Washington, DC, June 2005.

Panel Facilitator, “Giants Talking-Feds Listening: Turn the Call for Change into Actual Change,” Healthcare Information and Management Systems Society (“HIMSS”) Summit: Achieving National Healthcare Transformation, New York, NY, June 2005.

Track Co-Chair, “Organizational and Legal Issues,” 2nd Annual Connecting Communities for Better Health Learning Forum, Washington, DC, May 2005.

Speaker, “A Leading Forum on the Electronic Health Record and Rapidly Emerging Health Information Technology Policy,” The Health Information Technology Summit West, March 2005.

Keynote Speaker, “Emerging Health Information Technology Trends,” Health Data Management Solutions Client Conference,  January 2005.