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Colin J. Zick Counsel Boston 617 832 1275 direct 617 832 7000 fax Email Colin Zick’s practice is focused on health care and compliance issues, and often involves the intersection of those two subjects in administrative proceedings or litigation. His work has had a particular emphasis on compliance issues related to pharmaceutical and medical device companies, hospitals, practitioners (including physicians, dentists, optometrists, psychologists, veterinarians), and provider organizations. This compliance work includes helping clients establish and maintain effective compliance programs. Colin defends clients in disputes alleging kickbacks, overpayments, and billing and coding problems, and represents before various state health care licensing and regulatory entities. Colin’s practice also includes work on health care transactional matters. These projects include the establishment of joint ventures, the establishment of new entities, drafting and negotiation of employment contracts, and negotiating clinical trial agreements. Colin’s practice also includes clients in industries beyond health care, ranging from the music industry to Internet start-ups. He frequently counsels clients on issues involving health and business information privacy and security (including HIPAA). He has been involved in litigation relating to antitrust and unfair competition claims, and copyright infringement. Bars and Court Admissions Massachusetts New Hampshire U.S. District Court for the District of New Hampshire U.S. District Court for the District of Massachusetts U.S. Court of Appeals, First Circuit U.S. Court of Appeals, Ninth Circuit Representative Experience The following is a brief summary of Colin's experience and accomplishments: Successfully represented a leading media companies in copyright infringement actions Represented an automobile parts supplier in asserting price fixing claims, resulting in favorable settlement Represented a national insurance company in responding to an investigation and lawsuit by a state attorney general’s office Served as counsel for Fortune 100 company in price fixing class action Advised clinical trial sponsors and contract research organizations in contracting and compliance matters Advised Internet site providers on privacy and confidentiality issues Represented a landfill operator against Sherman Act claims, resulting in a defense verdict Reported Cases: - Vranos v. Franklin Medical Center, 448 Mass. 425, --- N.E.2d ----, 2007 WL 572122 (2007) (amicus) - Keene v. Brigham and Women's Hospital, 439 Mass. 223, 786 N.E.2d 824 (2003) (amicus) - Hudson v. DuBois, 741 N.E.2d 492, 2001 WL 92991 (Mass. App. Ct. 2001) - Landry v. Attorney General, 429 Mass. 336, 709 N.E.2d 1085 (1999) (amicus) - Newman v. City of Malden, 1998 WL 324201 (Mass. Super. 1998) - Mayfield v. Dalton, 109 F.3d 1423 (9th Cir. 1997) (amicus) - Hunneman Real Estate Corp. v. Eastern Middlesex Association of Realtors, Inc., 860 F.Supp. 906 (D.Mass. 1994) - Attorney General v. Dime Savings Bank of New York, FSB, 413 Mass. 284, 596 N.E.2d 1013 (1992) Represented the target of a grand jury investigation, who was alleged to have paid illegal kickbacks to physicians Drafted the compliance policies of a physician practice at a major teaching hospital and advised that practice on the establishment of its compliance program Represented corporations, physicians, dentists, and veterinarians before state licensing boards Represented physician groups in connection with Physicians at Teaching Hospitals (“PATH”) investigations of billing and coding issues Represented a chain of health care providers in negotiations and settlement with the Department of Justice regarding impact of Medicare changes on overpayments Represented a specialty hospital in litigation regarding contract for purchase of information services and equipment Drafted the compliance policies of a physician practice at a major teaching hospital and advised that practice on the establishment of its compliance program Conducted review and analysis of health care compliance plan of publicly-held pharmaceutical company with over $2 billion in annual revenues and 8,500 employees Represented a major pharmaceutical manufacturer in state investigation of sales and pricing practices professional / civic involvement New England Council -- Health Care and Technology Committees American Bar Association, Member - Litigation Section - Health Law Section American Health Lawyers Association, Member (Participant, Fraud and Abuse Enforcement Panel) Health Care Compliance Association, Member Massachusetts Bar Association, Member Boston Bar Association, Member COMMUNITY INVOLVEMENT The Alumni Association of the University of Michigan, Director (2000 to present) - Executive Committee, Member (2003-05) - Bylaws Committee, Member (2003) - Council of Alumni Clubs, Chair (2002-03) - Governance Committee, Chair (2003-05) University of Michigan Club of Greater Boston, President (1993-96) Board Member, Beacon Hill Civic Association (May 2007 to present) Member, Boston Common Frog Pond Advisory Committee (February 2007 to present) SPEECHES AND CONFERENCES “Integrating Electronic Health Records, Personal Health Records, and e-Prescribing: A Collision?”, Massachusetts Health Data Consortium 2007 Healthcare Information Technology Conference, February 2, 2007 “Report Cards: A New Evaluation Tool for Hospital Boards and Trustees,” New England Healthcare Assembly 27th Annual Trustee Conference (with Shirin Philipp, Esq.), December 7, 2006 Presenter, Massachusetts Joint Legislative Ambulatory Surgical Center – Magnetic Resonance Imaging Commission, October 23, 2006 “Privacy - Risk & Opportunities -- Examining Privacy Issues and Investment Opportunities,” Massachusetts Network Communications Council, October 18, 2006 “The Health Care Legal Leadership Conference,” sponsored by Reed Logic, April 2006 “Old Records in New Format: How EHR Impacts Requests for Patient Records Made by Third Parties,” Massachusetts Health Information Management Association Dot Wagg Memorial Seminar, April 13, 2006 “Ten Commandments for Trustees of Non-Profit Hospitals: A Trustee Primer,” New England Healthcare Assembly 26th Annual Trustee Conference (with Shirin Philipp, Esq.), December 8, 2005 “Hospital Compliance: Recent Developments from the OIG and the Supreme Court,” Massachusetts Hospital Association, March 30, 2005 “Successful Product Launch and Product Marketing: Implications of the Changing Health Regulatory Environment,” Massachusetts Biotech Council, September 14, 2004 “EPA New England's New Focus on Hospitals,” Massachusetts Hospital Association, June 4, 2004 (with Adam Kahn, Esq.) “HIPAA Operational Issues: Release of Information Pursuant to Subpoena and the Pre-emption Puzzle,” Massachusetts Health Information Management Association Fall Educational Meeting, September 10, 2002 “Privacy, Security & Access to Information,” Massachusetts Health Data Consortium 24th Annual Meeting & Policy Forum, April 12, 2002 (Moderator and presentor, “Pre-emption of State Laws by HIPAA”) “Rules, Regs and Rights: A Stark II Regulations Briefing,” Massachusetts Medical Society/Massachusetts Hospital Association, April 24, 2001 “Measuring Effective Compliance: Where Does Your Program Stand?” Massachusetts Hospital Association 2000 Corporate Compliance Series, May 3, 2000 “Health Care Fraud and Abuse: Addressing Issues of Corporate Compliance,” Massachusetts Hospital Association, November 5, 1997 “Fraud and Abuse: Minimizing Organization Risk,” American Health Information Management Association, national teleconference, August 27, 1997 “Telemedicine and the Law: Legal and Practical Issues at the Cutting Edge of Health and Communications Law,” Boston Bar Association, June 19, 1996 publications The Massachusetts eHealth Collaborative and Its Efforts to Bring Electronic Health Records to Massachusetts (with Micky Tripathi), 1 THE BOSTON HEALTH LAW REPORTER 18 (Spring 2006) Peer Reviewer, MASSACHUSETTS HEALTH AND HOSPITAL LAW MANUAL (Massachusetts Continuing Legal Education 2005 edition) Editor, THE MEDICOLEGAL GUIDE TO HEALTH RECORD INFORMATION (Massachusetts Health Information Management Association) (1997 and 2005 editions) Contributor, HIPAA Preemption Analysis, BOSTON BAR ASSOCIATION, HEALTH LAW SECTION (April 2003) HIPAA: The New Federal Privacy Rules and Their Implications, BOSTON BAR JOURNAL (September/October 2002) The Continuing Dilemma of Compliance with Requests for Health Information, BOSTON BAR JOURNAL (May/June 1999) Compensation for Telemedicine Services, 2 JOURNAL OF MEDICINE AND LAW 117 (Spring 1998) Co-author, “Massachusetts” Chapter, PRODUCT LIABILITY DESK REFERENCE (Little, Brown and Company, 1993-1995, M.F. Daller, ed.) |
