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  • Robert D. Belfort
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Robert D. Belfort

Belfort_Robert_New-Bio-2019-Template-730-x-730

Partner

Manatt Health
Contact
  • rbelfort@manatt.com
  • Phone: 212.830.7270
  • Download vCard
  • New York
Bar Admissions
  • New York
Education
  • New York University School of Law, J.D. 1988
    Order of the Coif; Root-Tilden Scholar

    Oberlin College, B.A., Economics and Government, magna cum laude, 1981
    Phi Beta Kappa

Services
  • False Claims Act
  • Government and Regulatory
  • Healthcare Transactions
  • Privacy and Data Security
Industries
  • Manatt Health

Show Full Bio

  • Profile
  • Speaking Engagements
  • Honors & Awards
  • Memberships
  • Publications
Profile

Profile

With more than 25 years of experience in healthcare law, Robert Belfort advises healthcare organizations on regulatory compliance and transactional matters. His clients include hospital systems, other health care providers, health insurers, managed care organizations, accountable care organizations (ACOs), pharmacy chains, IT vendors, healthcare industry investors and trade associations. Bob handles a wide variety of transactions, including mergers and acquisitions as well as joint ventures. He specializes in transactions that raise complex regulatory issues and necessitate sophisticated healthcare due diligence.

For health insurers and other MCOs, Bob helps ensure compliance with federal and state rules and regulations. These include Affordable Care Act standards, Medicare Part C and Part D rules, HIPAA portability and nondiscrimination mandates, state insurance licensing and market conduct laws, and Medicaid managed care requirements.

Bob also counsels insurers and providers that are establishing ACOs and other value-based contracting arrangements. In addition, he drafts and negotiates managed care and accountable care contracts, such as provider participation agreements, specialty carve-out and pharmacy benefit manager arrangements.

Organizations with privacy concerns turn to Bob for advice on managing health information within the parameters established by HIPAA and state confidentiality laws. He drafts privacy policies, conducts internal gap analyses, partners with clients to develop other privacy safeguards, and helps clients respond to complaints and privacy breaches. Bob also works with regional health information organizations and other entities to develop policies and practices about patient consent and other data sharing.

To proactively avoid fraud and abuse, Bob advises clients on structuring transactions and conducting business in compliance with the Anti-Kickback Statute, the Stark law, participation and billing requirements for Medicare and Medicaid, professional licensing rules, and the corporate practice of medicine and fee-splitting restrictions. He also performs risk assessments and develops compliance programs.

Speaking Engagements

Speaking Engagements

Speaker, “Legal Considerations When Partnering on Mobile Health Apps,” eHealth Initiative Executive Advisory Board on Privacy and Security, Washington, D.C., Sept. 20, 2018.

Speaker, “Compliance Challenges Raised by Value-Based Payments,” Health Care Compliance Association Regional Conference, New York, NY, May 2018.

Speaker, “Advancing the Transition to Value-Based Payment,” Eighth National Alternative Payment and Accountable Care Organization Summit, Arlington, VA, June 29, 2017.

Speaker, “Privacy Issues in Electronic Health Information Exchanges,” New York State Bar Association Health Law Section Annual Meeting, January 2017.

Speaker, “The Federal Medicaid Managed Care: New Rights and Obligations for Health Plans,” American Health Lawyers Association Institute for Health Plan Counsel, October 2015.

Speaker, "Value-Based Purchasing Under the Fraud and Abuse Laws," Greater New York Hospital Association, August 2015.

Speaker, “Handling Land Mines in a Risk-Based Environment,” HDM Webinar, July 2015.

Speaker, "Next Steps: What You Need to Know About Medicaid Managed Care," BNA Webinar, April 2015.

Speaker, “Antitrust and Fraud and Abuse Challenges Posed by Delivery System Reform,” New York State Bar Association Health Law Conference, October 2014.

Panelist, “Connecting the Dots: Leveraging Data and Technology to Improve Health Care Delivery,” National Academy for State Health Policy (NASHP) 27th Annual State Health Policy Conference, Atlanta, GA, October 6-8, 2014.

Speaker, “Managing New Compliance Risks Under the Affordable Care Act,” American Health Lawyers Association Institute for Health Plan Counsel, April 2014.

Speaker, "Into the Breach Part II, Top Pitfalls of Data Breach Notification, a Legal Perspective," HIMSS Privacy and Security Forum, December 2012.

Speaker, "Marketing as per the Final Privacy Rule: Review and Analysis of Significant Changes," ACI Health Care Privacy and Security Forum, December 2012.

Speaker, "Developing an Effective ACO Compliance Program," Health Care Compliance Association/American Health Lawyers Association's Fraud & Compliance Forum, October 2012.

Speaker, "Recent developments in Stark and Anti-Kickback Statute Enforcement," Health Care Compliance Association, May 2012.

Speaker, "A Question of Kickbacks: Avoiding Real and Present Dangers in Medicare Managed Care," American Conference Institute, January 2012.

Speaker, "Breach: Incidents, Protections, Obligations and Liabilities," American Conference Institute, December 2011.

Speaker, "ACO Fraud and Abuse Issues," New York State Bar Association Health Law Section Meeting, October 2011.

Speaker, "Managing Compliance in Vendor Contracts," American Health Lawyers Association Fraud and Compliance Forum, September 2011.

Speaker, "Security, Privacy and Other Compliance Risks in the ARRA Era," Healthcare Stimulus Exchange National Event Series, April 2010.

Speaker, "Avoiding Legal Land Mines in EHR Subsidy Programs," Greater New York Hospital Association, December 2009.

Speaker, "Compliance Issues for Retail Medical Clinics,” American Health Lawyers Association Fraud and Compliance Forum, October 2008.

Speaker, “Managing Patient Authorization in Regional Health Information Organizations,” Thirteenth National HIPAA Summit, September 2006.

Speaker, “Managed Care in New York State: Current Issues and Future Trends,” New York State Bar Association, September 2006.

Speaker, “Avoiding Anti-Kickback Liability Under the Part D Program,” Health Care Compliance Association Part D Compliance Conference, September 2006.

Speaker, “Designing Health Information Networks for Privacy and Public Trust,” The World Congress Leadership Summit on RHIOs, EMRs and Patient Portals, August 2006.

Speaker, “Criminal Liability Under HIPAA,” Strafford Publications Nationwide Teleconference, November 2004.

Speaker, “Community-Wide Health Information Exchange: HIPAA Privacy and Security Issues,” Ninth National HIPAA Summit, September 2004.

Speaker, “Health Information Exchange: HIPAA Privacy and Security Issues,” Connecting Communities for Better Health Conference, June 2004.

Speaker, “HIPAAs Effect on New York Law,” New York State Bar Association, December 2003.

Speaker, “Special HIPAA Compliance Challenges Facing MR/DD Providers,” National Institution for People with Disabilities Conference, May 2003.

Speaker, “Hospital-Physician Joint Ventures,” New York State Bar Association, March 2003.

Honors & Awards

Honors & Awards

Named to The Legal 500 United States’ elite “Leading Lawyers” list for Healthcare: Health Insurers, 2012–2018

Top-Ranked Attorneys, Chambers USA, 2008–2018

Selected for “The Best Lawyers in America” from 2007–2019 in the specialty of Health Care Law

Memberships

Memberships

Admitted to practice in the state of New York

Member, New York State Bar Association

Member, American Health Lawyers Association

Publications

Publications

Co-author, “Overcoming Data-Sharing Challenges in the Opioid Epidemic: Integrating Substance Use Disorder Treatment in Primary Care,” California Health Care Foundation, July 2018.

Co-author, “Sharing Behavioral Health Information Amid the Opioid Crisis,” eHealth Initiative and Foundation, June 2018.

Co-author, “Sharing Behavioral Health Information in Massachusetts: Obstacles and Potential Solutions,” The Blue Cross Blue Shield of Massachusetts Foundation, March 8, 2016.

Co-author, “Fine Print: Rules for Exchanging Behavioral Health Information in California,” California Healthcare Foundation, July 2015.

Co-author, “Medicaid Managed Care: What’s Ahead in 2015,” Bloomberg BNA’s Health Care Policy Report, February 23, 2015.

Co-author, “Compliance Corner: Long-Term Care and the OIG Work Plan: As HHS Sharpens its Focus, Providers Should Set Their Sights on Compliance,” Bloomberg BNA’s Health Care Fraud Report, January 21, 2015.

Co-author, “Engaging Patients While Addressing Their Privacy Concerns: The Experience of Project HealthDesign,” Personal and Ubiquitous Computing, August 2014.

Co-author, “The Legacy of Halifax: A New Stark Law Enforcement Landscape?” Bloomberg BNA’s Health Care Fraud Report, June 11, 2014.

“Lowering Risk for Commercial ACOs,” Hospitals & Health Networks Daily, May 29, 2014.

Co-author, “Health Information Technology: Emerging Landscape, Legal Issues and Opportunities,” BNA’s Health Law & Business Series, 2014.

Co-author, “Integrating Physical and Behavioral Health: Strategies for Overcoming Legal Barriers to Health Information Exchange,” Robert Wood Johnson Foundation Issue Brief, January, 2014

Co-author, "Going Digital with Patients: Managing Potential Liability Risks of Patient-Generated Electronic Health Information." Journal of Participatory Medicine, December 18, 2013.

Contributor, "The Legal Framework for Health Information Privacy," Information Privacy in the Evolving Healthcare Environment, Health Information and Management Systems Society (HIMSS), 2013.

Co-author, "Provider-Owned Health Plans: Here's Why the Heightened Interest in a New Industry Landscape," Executive Insight, May 2013.

Co-author, "HIPAA Omnibus Rule Reshapes Landscape for Health Care Privacy, Security Compliance," Bloomberg BNA Health IT Law & Industry Report, January 23, 2013.

Co-author, "A Look at the Newly Released HIPAA Audit Program Protocols," iHealthBeat, July 30, 2012.

Co-author, "Lessons from Project HealthDesign," Journal of Healthcare Information Management, Summer 2012.

Co-author, "ACO Fraud & Abuse Waivers," Executive Insight, March 27, 2012.

Co-author, "Stanford Hospital Data Security Breach May Trigger More Active Monitoring of Business Associates by Covered Entities," Health Lawyers Weekly, October 7, 2011.

"Ten Key Privacy Issues for Health Information Exchanges," Health IT Law and Industry Report, July 29, 2011.

Co-author, "Considerations for the Development of Accountable Care Organizations in New York State," New York State Health Foundation, June 2011.

“A New Fraud and Abuse Paradigm for ACOs: Blurring the Distinction Between Providers and Payers,” BNA Health Care Fraud Report, March 23, 2011.

Co-author, “Congress Acts on the Stark Disclosure Dilemma: Federal Health Care Reform Authorizes New Stark Self-Disclosure Protocol,” New York State Bar Association Journal, Spring 2010.

“Provider Participation in ACOs May Hinge on HHS Regulations,” BNA Health Law Reporter, April 15, 2010.

Co-author, “A Stark Change: New Regulations Will Require Restructuring,” Health Law 360, September 18, 2008.

“Confusion Persists on EHR Subsidies,” Health Care IT News, December 2005.

“Patient Blogs,” Health Executive, December 2005.

Co-author, "Through the Land of RHIOs,” ADVANCE for Health Information Executives, March 2005.

“Anti-Kickback and Stark Law Issues Faced by Health Care Systems,” New York State Bar Association Health Law Journal, Summer/Fall 2004.

“Play It Safe When Marketing Drug Cards,” Modern Healthcare, April 5, 2004.

“Employers Say Confusion About HIPAA Compliance Is Widespread,” Andrews Employment Litigation Reporter, November 3, 2003.

Author, “Applying Old Laws in New Times: Fraud and Abuse Risk Areas for Medicaid Managed Care Plans,” New York State Bar Association Health Law Journal, Winter 2002.

“Reviewing HIPAA's Medical Privacy Rules,” New York Law Journal, February 2001.

Co-author, “Coverage Gaps: Improving Retention Rates in New York’s Medicaid and Child Health Plus Programs,” The New York Community Trust, December 2000.

“The Next Y2K: Getting Ready for HIPAA,” Hospital and Health News, October 2000.

Co-author, “Organizing a Managed Care Plan: A Road Map for Hospitals,” Managed Medicare & Medicaid, December 1998.

Rankings

Ranked as a leading lawyer in Chambers USA 2018

Named as one of The Best Lawyers in America, 2019

Recognized as a leading lawyer in The Legal 500 United States, 2018

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Bob in the News

  • 08.15.18

    64 Manatt Attorneys Named to 2019 Best Lawyers in America List

    Sixty-four Manatt attorneys have been named to Best Lawyers ’ 2019 list of the Best Lawyers in America. This annual recognition of ...

  • 05.30.18

    Eleven Practices Receive National Recognition by Legal 500

    Manatt has received 11 national practice area rankings in the newly released 2018 edition of The Legal 500 United States, published on May 30, ...

  • 05.03.18

    Manatt Practices Rank in 2018 Chambers USA Guide

    Chambers USA announced that it has ranked nine Manatt practices and 23 lawyers in its 2018 list of leading lawyers for business in the United ...

  • 04.23.18

    Humana Acquires Curo Health Services for $1.4B

    Law360 covered Manatt’s representation of Humana in a transaction involving the acquisition of Curo, one of the nation’s largest ...

Show More

Bob's Articles

  • 07.18.18

    Overcoming Data-Sharing Challenges in the Opioid Epidemic

    The opioid epidemic has prompted efforts across the country to increase the availability of substance use disorder (SUD) treatment. Through ...



  • 06.20.18

    Sharing Behavioral Health Information Amid the Opioid Crisis

    As the old model of patient care silos—where behavioral health providers treat patients separately from the rest of the healthcare ...



  • 03.17.16

    Sharing Behavioral Health Information in Massachusetts: Obstacles ...

    In a new report for the Blue Cross Blue Shield of Massachusetts Foundation, Manatt Health provides a review of the primary Massachusetts and federal ...



  • 02.23.15

    Medicaid Managed Care: What's Ahead in 2015

    Managed care is the dominant delivery model in state Medicaid programs, and is rapidly growing with the Affordable Care Act bringing over 8 million ...



Show More


Bob's Newsletters

  • 02.14.19

    HHS Proposes Revising Anti-Kickback Safe Harbor on Pharmaceutical ...

    On January 31, the Department of Health & Human Services (HHS) Office of Inspector General (OIG) issued a proposed rule to fundamentally change ...

  • 01.23.19

    CMS Final Rule Redesigns the Medicare Shared Savings Program

    On December 21, 2018, the Centers for Medicare & Medicaid Services (CMS) issued a final rule redesigning the Medicare Shared Savings Program (the ...

  • 11.26.18

    New Webinar: Information Sharing During the Opioid Crisis: Challenges ...

    In 2016, 11.5 million Americans were misusing prescription opioids, with the abuse reaching epidemic levels in 2017.

  • 10.23.18

    Data Breach Obligations, Preparation and Risk Mitigation

    Under the Health Insurance Portability and Accountability Act (HIPAA), a breach is defined as “the acquisition, access, use or disclosure of ...

Show More


Bob's Events and Webinars

  • 04.02.19

    What Marketplace and Regulatory Drivers Are Transforming Healthcare ...

    The number of healthcare transactions reached a record-smashing 1,738 in 2018. 1 According to a new Capital One poll, mergers and acquisitions are ...



  • 12.12.18

    Information Sharing During the Opioid Crisis: Challenges and Solutions

    In 2016, 11.5 million Americans were misusing prescription opioids, with the abuse reaching epidemic levels in 2017. The opioid crisis has ...



  • 10.18.18

    Lessons Learned From Recent Healthcare Fraud and Abuse Cases

    On Oct. 18, Manatt will host a CLE-eligible breakfast and briefing in the New York City office, featuring a compelling panel discussion with outside ...



  • 07.31.18

    How Can You Protect Your Organization From Ransomware Attacks?

    Learn the answer at a new Manatt webinar, “Ransomware Attacks in Healthcare: Preparing and Protecting Your Organization.” ...



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