Jennifer P. Whitton
Founder & Managing Partner
Jennifer (“Jenn”) comes to AHL with more than a decade of experience advising health systems, institutional healthcare providers, healthcare facilities, investor-backed healthcare companies, and emerging growth healthcare companies. Her unique background in healthcare—encompassing broad M&A, transactional, and regulatory experience—has made Jenn an exceptionally well-rounded counselor to healthcare organizations and providers. She helps them strategically align to navigate mounting industry pressures and find workable solutions to regulatory challenges. She develops creative strategies and practical solutions that assist her healthcare clients in complying with complex statutory and regulatory requirements while efficiently achieving their business objectives.
Jenn focuses her practice exclusively on healthcare law, advising clients on structuring complex transactions, including acquisitions, joint ventures, and other strategic affiliations. She also counsels a range of healthcare clients on day-to-day operational and compliance matters, including federal and state fraud and abuse laws such as the Stark Law, Anti-Kickback Statute, and Civil Monetary Penalties Law; Medicare/Medicaid requirements and reimbursement; licensure and accreditation; telemedicine; HIPAA; and other laws impacting healthcare transactions and operations, including fee-splitting and corporate practice of medicine laws.
In addition to working with large healthcare organizations, Jenn also advises management services organizations, physician practices, telehealth providers, specialty pharmacy companies, laboratories, and healthcare technology companies. Her solutions-oriented strategies and problem-solving communication style help her clients efficiently achieve compliant outcomes during corporate growth and expansion.
SERVICES
Healthcare
Hospitals & Health Systems
Healthcare Regulatory & Compliance
Labs, Pharmacy & Specialty
Outside General Counsel
Clinical Practice Management
Emerging Growth Healthcare Companies
Mergers, Acquisitions & Alliances
PRIOR EXPERIENCE & REPRESENTATIVE MATTERS
Routinely advises hospitals, integrated payor/provider systems, specialty pharmacy management providers, telehealth providers, physicians and practice groups, and ancillary services providers, as well as private equity-backed portfolio companies operating across the U.S. with revenues ranging from $10 million to over $50 billion.
Advises health system senior executives regarding strategic alignment efforts and provides transactional representation for acquisitions, physician affiliation agreements, medical director agreements, consulting services agreements, management services agreements, billing services agreements, and other professional service agreements.
Advises a California-based, private equity-backed, multi-specialty physician practice with over 450 locations nationwide on expansion efforts, corporate structuring for compliance with state corporate practice of medicine and fee-splitting laws, federal fraud and abuse laws, and general compliance matters.
Advises a multi-state clinical laboratory company on acquisitions, general contracting, and regulatory compliance matters.
Advises physicians and physician practices on private practice legal issues, including group practice structuring, buy-ins, physician contracts, practice sales, and regulatory and compliance matters.
Represented a large, multi-hospital, nonprofit community health system in the acquisition of physician practices.
Represented a private equity-backed specialty pharmacy corporation in connection with federal and state healthcare regulations, restructuring its corporate compliance program, drafting the corporation’s primary contracting template for 340B-eligible hospital systems, and assisting with ongoing strategic contracting matters.
RECOGNITIONS
Georgia State University, 40 Under 40 (2024)
CREDENTIALS
Education.
Georgia State University, College of Law – Juris Doctor, summa cum laude, May 2012
Agnes Scott College – Bachelor of Arts, International Relations, cum laude, May 2008
Professional Associations.
State Bar of Georgia
American Health Law Association
Admissions.
Georgia
PRIOR POSITIONS
Krevolin & Horst, LLC – Equity Partner
Baker & Hostetler, LLC – Equity Partner
McKenna, Long & Aldridge, LLP (now Dentons US, LLP) – Associate
Hall Booth Smith, P.C. – Summer Associate
Health Law Partnership (HeLP) – Fellow
COMMUNITY INVOLVEMENT
Atlanta Legal Aid Society
Board of Directors, 2021–Present
Member, Advisory Committee, 2019–2021
Service Council, 2012–2019 (Chair, 2019)
ARTICLES & PUBLICATIONS
Co-author, Health Care Contracts: A Clause-by-Clause Guide to Drafting and Negotiation, American Health Law Association, October 2021.
Co-author, PE Investment in Physician Practice Management – What’s to Come in 2019?, Health Law Update, BakerHostetler, February 2019.
Co-author, Grappling with Site-Neutral Medicare Payments – Hospitals Unhappy With New CMS Policy in 2019 OPPS, AHLA Weekly, November 2018.
Co-author, DOJ Expands Enforcement Activity Under the False Claims Act to Private Equity, American Health Lawyers Association (AHLA) Practice Group Alert, March 2018.
Co-author, The DOJ Enters Another FCA Lawsuit Against UnitedHealth, Health Law Update, BakerHostetler, May 2017.