Brian F. Higgins
Brian is a corporate lawyer with specialized knowledge of the healthcare industry’s nuanced statutes and regulations. He advises healthcare clients on corporate formation, transactions, and regulatory concerns to ensure compliance with the anti-kickback statute and the Stark law. He has also implemented company-wide compliance policies and procedures addressing fraud, waste, and abuse and patient privacy protections through HIPAA and the federal Part 2 regulations for substance abuse programs. Brian knows the unique challenges presented by medical marijuana laws and assists healthcare providers and entrepreneurs with understanding the federal law interaction with such laws.
Prior to joining the firm, Brian was a corporate attorney at Medpace, Inc., a publicly-traded clinical research organization focused on the development of pharmaceuticals and medical devices. Brian also served as a legal intern to The Christ Hospital’s legal department.
Created and implemented organization-wide approaches to various healthcare facilities’ approach to medical marijuana.
Advised clients on the federal Stark law and anti-kickback statute and their state law equivalents when structuring investment opportunities for physicians in management services organizations.
Counseled clients on patient privacy issues and disclosures under federal law like HIPAA and the Part 2 Regulations.
Provided regulatory and corporate law advice on the structure and operations of substance use disorder clinics.
Negotiated the regulatory licensure transfer for a non-profit health system’s sale to a for-profit buyer in the midst of a multi-million dollar acquisition.
Drafted corporate and offering documents for investment in ambulatory surgical centers.
Assisted in negotiating the multi-million dollar sale of a physician group to a national health system.
Drafted corporate formation documents, including operating agreements, bylaws, and codes of regulations for healthcare entities.
Advised pharmaceutical manufacturers on Medicare’s 340B program.
Memberships & Affiliations
- Ohio State Bar Association
Recent Blog Posts
- Ohio, Let’s Talk About C-B-D, Let’s Talk About Hemp Baby
- Long-Term Care Facilities – Update Your Residential Agreements with Binding Arbitration Provision
- Information Blocking and the API Standard: Proposed Rules Look to Shake-up Data in the Healthcare Industry
- Growing Products Liability Claims Against the Marijuana Industry
- Physician Alert: Patient Informed Consent for Medical Marijuana Treatments
- Hemp and CBD Sales Bill Cultivated in Ohio
- Medical Marijuana and the Terminally Ill: How Ohio Hospice Programs Can Learn to Cope with “Dope”
- New Medical Marijuana Developments Show Green Wave Cresting Across the Country
- Are you innovating with cannabis? Patent protection might help you secure a foothold in your industry.
- EKRA’s Interaction with the Anti-Kickback Statute: Just What the Government Intended
- Foreign National’s Marijuana Investment = U.S. Lock Out?
- The Green Rush is on: Don’t be left out!
- Ohio Cultivates Marijuana Dispensary Rules as White House Sends Smoke Signals of Approval
- Huge Payday for Insurance Company under the Affordable Care Act’s Exchanges
- Ohio Releases Proposed Rules for Medical Marijuana Processors
- High Street Releases Proposed Rules for Ohio’s Medical Marijuana Cultivators
- Highlights of Medical Marijuana Proposed Rules for Ohio Dispensaries and Physicians
- What will Happen to the Affordable Care Act Under a Trump Administration? (Part 1)
- Ohio's Medical Marijuana Law
Non-FBT Publications and Events
Medical Marijuana Law Update – The Health Collaborative (Cincinnati, Ohio) - April 1, 2019
Medical Marijuana Law for Elder Care Professionals – The Forum on Aging’s Annual Conference (Sharonville, Ohio Convention Center) - March 12, 2019
Medical Marijuana Law for Health Care Professionals – Law Office of Dennison Keller (Blue Ash, Ohio) - February 28, 2019
Ohio’s Medical Marijuana Law – Cincinnati Bar Association’s Health Law Series (Cincinnati, Ohio) - December 6, 2018
Medical Marijuana Law for Health Care Professionals and Employers Webinar -- Rich Moore and Brian Higgins - November 13, 2018
Medical Marijuana Law Update – The Health Collaborative (Cincinnati, Ohio) - November 2, 2018
Ohio's Medical Marijuana Law – Cincinnati Bar Association Brown Bag Series (Cincinnati, Ohio) - October 3, 2018
Ohio's Medical Marijuana Law -- What Elder Care Professionals Need to Know – Law Office of Dennison Keller (Blue Ash, Ohio) - August 23, 2018
Ohio Hospital Association Annual Conference, "Medical Marijuana and The Opioid Crisis: Risk Management for Hospitals" - June 5, 2018
Published book review (2013) in the Immigration and Nationality Law Review’s national publication about Ediberto Roman’s book titled “Those Damned Immigrants: America’s Hysteria over Undocumented Immigrants.”