Melissa (Lisa) Thompson

Melissa (Lisa) Thompson

Partner

Melissa (Lisa) Thompson

Partner

  • Overview

    Biography

    Melissa (Lisa) Thompson advises companies, senior management, and their boards of directors, with a focus on the health care, life sciences and technology industries. She is a member of the firm’s Health Law Group, Data Privacy + Security Team, and Intellectual Property and Technology Law Practice Group.

    Health Care, Life Science and Technology Industries

    Ms. Thompson represents domestic and international clients in the health care, life science and technology industries, such as pharmaceutical companies, medical device manufacturers, biotechnology companies, hospital systems, academic medical centers, health information exchanges (HIEs) and technology services providers. In addition, she has represented laboratories, physician practices, pharmacies and retail pharmacy chains, among others in these industries.

    Ms. Thompson handles a range of matters, including corporate law and contracting, government investigations and audits, clinical research law, and matters involving Institutional Review Boards (IRBs). She has extensive experience representing clients on matters involving privacy and security including HIPAA, reimbursement, Medicare and Medicaid, state and federal surveys and termination actions, managed care disputes, pharmacy and compounding laws, fraud and abuse, Stark Law, anti-kickback, and federal program exclusions.

    Ms. Thompson’s life sciences experience includes U.S. Food and Drug Administration (FDA) compliance and regulatory matters, product recalls and liability claims, FDA citizen petitions and appeals, labeling review, advertising and marketing compliance, drug and medical device reimbursement, clinical research agreements, Sunshine Act compliance, and commercial contracting.  Her technology sector experience includes advising on privacy and security, software licensing, data use agreements, information exchange system agreements, and regulatory requirements.

    Ms. Thompson formerly served as chief counsel for an international medical device manufacturer and as in-house corporate counsel for a major academic health care institution. She is a co-editor and contributor for the firm’s blog, Health Law Diagnosis.

    Administrative and Federal Court Appeals

    In addition to corporate and regulatory matters, Ms. Thompson also serves as a litigator. In this capacity, she handles administrative and federal court appeals for clients in the health care, life sciences and technology sectors. Ms. Thompson has obtained results for clients, including prevailing in consolidated reimbursement appeals cases before the U.S. Department of Health and Human Services administrative law judges and obtaining temporary restraining orders in U.S. District Court against government entities. Ms. Thompson has successfully helped clients resolve matters through alternative dispute resolution. She has negotiated settlements with the U.S. Department of Justice, the HHS Office of Inspector General (OIG), the Centers for Medicare & Medicaid Services (CMS), and the Food and Drug Administration (FDA) on behalf of clients. Ms. Thompson also has experience with complex commercial litigation, product liability lawsuits, toxic torts and environmental litigation, class actions, shareholder suits, managed care issues, and insurance coverage disputes.

    Arbitration and Mediation

    Ms. Thompson provides mediation and arbitration services, both as an advocate and as a neutral. She is an arbitrator and mediator with the American Arbitration Association, serving on its Commercial Panel and National Healthcare Panel. She is also on the panel of arbitrators and mediators of the American Health Lawyers Association and has provided arbitration services for consultants preparing clients for arbitration.  Her matters have included:

    • International and domestic commercial contract disputes
    • Federal and state government party mediations
    • Class actions
    • Intellectual property and technology
    • Product liability claims
    • Real estate and franchise matters
    • Partnership, employment, non-compete, and recruitment agreements
    • Insurance coverage disputes
    • Managed care arbitration between plans and providers
    • Physician practice and hospital contract disputes
    • Wrongful death and torts
  • Experience
    • Experience

      Experience

      • Prevailed in individual and in consolidated reimbursement appeals cases before administrative law judges for the U.S. Department of Health and Human Services.

      • Analyzed Stark and anti-kickback compliance and provided advice regarding provider self-disclosures and settlement in Stark law, anti-kickback and excluded individuals cases.

      • Negotiated settlements with the U.S. Department of Justice, the Centers for Medicare & Medicaid Services, and state Medicaid in termination and enrollment actions, and with the HHS Office of Inspector General (OIG) in matters involving excluded individuals.

      • Obtained temporary restraining orders in federal court in hospital Medicare termination actions on behalf of a company that operates over 350 hospitals and ambulatory centers.

      • Handled HIPAA investigations and provided advice regarding HIPAA breaches with the Office for Civil Rights (OCR) for hospitals, physician practices, and home care companies.

      • Negotiated a favorable settlement of a criminal and civil action with the U.S. Food and Drug Administration (FDA) on behalf of an international medical device manufacturer involving allegations of violations of Good Manufacturing Practices (GMP).

      • Submitted a constitutional law-based FDA petition on behalf of an international radiopharmaceutical company involving compounding laws.

      • Arbitration and mediation experience includes managed care disputes, commercial contract matters, tort and wrongful death cases, insurance coverage, physician/hospital compensation agreements, and real estate matters.

    • Professional Associations

      Professional Associations

      Rhode Island Bar Association

      Boston Bar Association

      American Health Lawyers Association

      Massachusetts Bar Association
      Council Member, Dispute Resolution Section

      American Arbitration Association
      Commercial Panel

      American Bar Association
      Dispute Resolution Section
    • Community Involvement

      Community Involvement

      Go Red for Women, American Heart Association, Southern New England
      Vice Chair and Member Executive Leadership Team

      Boston Bar Foundation Society of Fellows
      Member

      Go Red for Women, American Heart Association, Southern New England
      Member, Circle of Red

      Massachusetts Bar Association
      Pro Bono Liaison, Dispute Resolution Section
  • NEWS + PRESS
    • Publications

      Publications

      "CMS Revises Process for Reporting Stark Law Violations," blog post from Health Law Diagnosis (4/4/2017)

      "21st Century Cures Act – Implications for Investigators and Research Sites," blog post from Health Law Diagnosis (2/15/2017)

      "Clearing Up Confusion Over the Modified HIPAA Privacy Rule," published in Information Counts (February 2016)

      "HIPAA and Text Messaging," published in Information Counts (November 2015)

      "Update on Fraud and Abuse, chapter in the Health Law Handbook," co-authored with C. Martin and published by Thomson Reuters (2011 and 2012)

      "Medicare Termination: How to Get out of the Frying Pan and Avoid the Fire," co-authored with Louise Joy, AHLA white paper (2011)

      "Recovery Audit Contractor (RAC) Appeal Strategies," published in the American Health Lawyers Association (AHLA) Regulation, Accreditation and Payment Practice Group RAP Sheet (June 2010)

      "Accreditation, Licensure, Certification, and Surveying Bodies, chapter in the Risk Management Handbook for Health Care Organizations," co-authored with R. Robinson and published by the American Society for Healthcare Risk Management (2010)

      "Medicare Termination: It Could Happen to You," co-authored with Dan Peterson, AHLA Connections (August 2009)

    • Presentations

      Presentations

      "Arbitration: Important Things You Didn't Know You Didn't Know,"

      "Oversight of HIPAA Business Associates," co-presented with Pamela H. Del Negro, webinar (9/7/2017)
      • » more info

      "Cybersecurity for Medical Devices," panel presentation co-sponsored by Robinson+Cole, the Biomedical Engineering Alliance and Consortium (BEACON), and Court Square Group (CSG). (6/1/2017)
      • » more info

      "Navigating Voluntary Self-Disclosure Protocols," webinar (4/19/2017)
      • » more info

      "Self Disclosures: Navigating the OIG and CMS/Stark Law Self Disclosure Protocols," Annual Health Law Symposium, Massachusetts Bar Association (04/13/2017)

      "Arbitration in Long Term Care, the CMS Regs and their Aftermath," at the Massachusetts Bar Association (11/2016)

      "HIPAA Policies and Procedures for Business Associates," presented at the NNRC Meeting (June 2016)

      "HIPAA for Court Reporters," presented at the NNRC Meeting (June 2016)

      "Security Risk Analysis," presented to Medical Mutual (June 2015 and October 2015)

      "Payment and Reimbursement," presented to the American Bar Association, Health Law Section (February 2014)

      "HIPAA Compliance Audits: Are you Prepared?" presented at the HIM Conference, HealthPort (July 2012)

      "Medicare and Medicaid Enrollment Under Heightened CMS Scrutiny, Best Practices to Obtain and Maintain Enrollment," presented via teleconference for Strafford Publications (April 2011)

      "Accountable Care Organizations," presented at Emerging Programs and Models for Medicare Care Management, Financial Research Associates in Orlando, Florida (February 2011)

    • News

      R+C in the News

      • September 15, 2017

        Lisa Thompson and Pam Del Negro Present Webinar on HIPAA

        • » more info
      • June 7, 2017

        Robinson+Cole Sponsors Panel Discussion on Cybersecurity for Medical Devices

        • » more info
      • May 5, 2017

        Health Law Group Lawyer Presents on Voluntary Self-Disclosure Protocols

        • » more info

      R+C News Releases

      • July 29, 2016

        Robinson+Cole Bolsters Health Law Practice with Two New Lawyers

        • » more info
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