Colin J. Zick

Partner, Co-Chair, Healthcare Practice, Privacy and Data Security Practice and COVID-19 Taskforce - Boston

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Contact Information

617.832.1275

617.832.7000

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Colin Zick’s practice is focused on health care and compliance issues, and often involves the intersection of those two subjects in investigations, administrative proceedings, or litigation. His work has had a particular emphasis on compliance issues related to life sciences, pharmaceutical and medical device companies, laboratories, hospitals, health care providers, and provider organizations. This compliance work includes helping clients establish and maintain effective compliance programs. Colin also defends clients in disputes alleging kickbacks, overpayments, and billing and coding problems, and represents clients before state health care licensing and regulatory entities.

Industries:
Healthcare Life Sciences Technology

Education:

University of Michigan Law School, J.D., cum laude
University of Michigan, B.A., with highest distinction, Phi Beta Kappa

Representative Experience

Advised genetic testing companies on fraud and abuse issues related to physician and patient interactions

Advised healthcare provider organization on response to federal grand jury subpoena

Served as special outside counsel for hospital investigation of Stark and Anti-Kickback issues

Advised international consumer products company on compliance with the California Consumer Privacy Act

Advised social media company on breach response under GDPR

Advised owner of world's largest collection of human genomes on E.U./U.S./international data privacy and security issues related to formation of partnership to discover and develop novel therapeutics and companion diagnostics

Advised Fortune 1000 companies on information security and health information practices and data breach response

Represented the interstate specialty pharmacy in state False Claims Act investigation

Represented specialty health care provider in state False Claims Act litigation

Represented multi-specialty physician practice in creation of urgent care joint venture with teaching hospital

Represented health insurer in data breach response and related indemnification claims against party responsible for breach, collecting seven-figure settlement

Advised multi-specialty physician practice in merger to create 1000+ physician practice with over $2 billion in annual revenue

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

Successfully defended an independent physician association against claims under the federal anti-kickback statute

Advised client selected as one of the first Medicare Shared Savings Program Accountable Care Organizations

Advised hospitals responding to federal "short stay" investigations

Counseled community health center on compliance with HIPAA and related data privacy and security issues.

Advised medical device and pharmaceutical manufacturers on federal and state "sunshine" laws regarding payments to physicians

Represented a health insurer in successful state rate review litigation and administrative proceedings

Represented a national health insurance company in responding to an investigation and lawsuit by a state attorney general’s office

Represented a multi-national defense contractor in establishing its data privacy and security program

Represented the target of a grand jury investigation, who was alleged to have paid illegal kickbacks to physicians

Represented an international pharmaceutical manufacturer in state investigation of sales and pricing practices

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 a specialty hospital in litigation regarding contract for purchase of information services and equipment

Represented a chain of health care providers in negotiations and settlement with the Department of Justice regarding impact of Medicare changes on overpayments

Advised clinical trial sponsors and contract research organizations in contracting and compliance matters

Secured a positive anti-kickback advisory opinion from the Department of Health and Human Services Office of Inspector General

Reported Cases:

Beck v. Boston Med. Ctr. Health Plan, Inc. (Mass. Super. June 4, 2020)

Hsu v. Barclays Bank plc, 2015 WL 2256861 (Mass. Probate and Family Court, May 11, 2015)

Dolan v. Chester, et al., 2011 WL 6982150 (Mass. Super. January 10, 2012)

Dolan v. Comm'r of Education, et al., 2011 WL 3216617 (Mass. Super. 2011)

Community Infusion Services, Inc. v. The National Organization for Rare Disorders, Inc., 2011 WL 2420224 (C.D. Cal. June 14, 2011)

Massachusetts Association of Health Plans v. Murphy, 2010 WL 2102726 and 2010 WL 2010723 (Mass. Super. 2010)

Vranos v. Franklin Medical Center, 448 Mass. 425, 613 N.E.2d 82, 2007 WL 572122 (2007) (amicus)

In re: Young's Case, 64 Mass. App. Ct. 903, 833 N.E.2d 646 (2005) (amicus)

Keene v. Brigham and Women's Hospital, 439 Mass. 223, 786 N.E.2d 824 (2003) (amicus)

Hudson v. DuBois, 50 Mass. App. Ct. 1114, 741 N.E.2d 492, 2001 WL 92991 (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)

Contributor, Opioid Prescribing - An AHLA 50 State Survey, American Health Lawyers Association (February 2020)

No Harm, No Foul? Private and Public Litigation in Cybersecurity Law, INSIDE COUNSEL (July 7, 2016)

Policymaker Profile: Marylou Sudders, Commonwealth of Massachusetts Secretary of the Executive Office of Health & Human Services, BBA HEALTH LAW REPORTER (May 3, 2016)
In Cybersecurity, No Harm Does Not Necessarily Mean No Foul, LAW360 (February 2016)
No More Free Lunch: Understanding the New Massachusetts Pharmaceutical and Medical Device Marketing Law and Regulations, ABA HEALTH eSOURCE (August 2009)
Massachusetts Healthcare Reform - 2008 in Review and the Outlook for 2009, AMERICAN HEALTH LAWYERS ASSOCIATION (January 2009)
Summary of Fraud and Abuse Statues & Regulations - New Hampshire, AMERICAN HEALTH LAWYERS ASSOCIATION (September 2008)
Co-author, Lessons Learned from the Gulf Coast Hurricanes, AMERICAN HEALTH LAWYERS ASSOCIATION (May 2007)
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)

Foley Hoag Alerts & Updates

United Nations Working Group Approves Cybersecurity Report: What is it and What are the Implications?
April 27, 2021
Federal Public Health Emergency Extended to April 21, 2021
January 11, 2021
Governor Baker Issues New Restrictions for Massachusetts, Effective December 26, 2020
December 23, 2020
EEOC Issues Guidance on COVID-19 Vaccine
December 21, 2020

Honors

Selected by his peers for inclusion in THE BEST LAWYERS IN AMERICA in the field of Healthcare Law (2015-2021) and Privacy and Data Security Law (2019-2021)
Ranked by CHAMBERS USA: AMERICA'S LEADING LAWYERS FOR BUSINESS as one of Massachusetts' leading Healthcare attorneys (2010-2020)
Listed in MASSACHUSETTS SUPER LAWYERS (2004-2020)
High Honor, Massachusetts Supreme Judicial Court, 2019 Pro Bono Honor Roll (November 2020)
Martindale-Hubbell AV Preeminent (R) rating
Massachusetts Health Information Management Association HIM Advocacy Award recipient (2014)
Campbell Moot Court Competition semi-finalist, University of Michigan School of Law (1990)

Involvement

Boston Bar Association, Co-Chair, Health Law Section (2010 - 2012) and Steering Committee member (2010 - 2017)
Lex Mundi
- Chair - Health Care Industries Practice Group (September 2011 - May 2015)
- North America Regional Vice-Chair, Health Care Industries Practice Group (October 2009 - August 2011)
American Health Lawyers Association, Member (Participant, Fraud and Abuse Enforcement Panel)
Health Care Compliance Association, Member
The Alumni Association of the University of Michigan, Director (2000 - 2008)
Board Member, Beacon Hill Civic Association (2007 - present)
Board Member, Friends of the Public Garden (2007 - 2013), Vice Chair (2013 - present)
Board Member and Clerk, Trinity Boston Foundation (2010 - 2017), Board of Visitors (2018 - present)

Speaker, “U.S. Legal Developments: California and Beyond,” Boston Bar Association, Virtual Privacy and Cybersecurity Conference, Dec 3, 2020
Speaker, "New Developments in HIPAA and Related Issues in Health Information Law," MaHIMA Dot Wagg Memorial Legislative Seminar, October 28, 2020
Moderator, "MEDTECH Cybersecurity: Elusive but Possible," New England Healthcare Executive Network, October 5, 2020
Speaker, “Returning to Work in the COVID-19 Era,” Webinar, May 26, 2020
Speaker, “Sustaining Your Early Stage Life Science Company During the COVID-19 Pandemic Crisis,” ENET and MDG Joint Webinar, May 5, 2020
Speaker, “CCPA: What you need to know now and what to expect in the future,” Webinar, MassTLC, April 28, 2020
Speaker, “Essential COVID-19 Questions and the Answers You Need," Webinar, TiE Boston, March 30, 2020
Guest, “In It Together,” “How you can better protect your personal information while working from home and while taking advantage of telemedicine,” WGBH News, March 23, 2020
Speaker, “Covid-19 Panel: Prepare Your Agency,” Webinar, CareAcademy, March 20, 2020
Speaker, “ Privacy & Office of Civil Rights (OCR) Updates,” HFMA Massachusetts-Rhode Island Chapter’s Annual Compliance Update, December 12, 2019
“GDPR and Healthcare,” Bloomberg Law Webinar, December 5, 2019
Speaker, 2019 Lex Mundi Healthcare and Life Sciences Global Meeting, November 14-15, 2019
Speaker, “Advanced Cyber Security Center [ACSC] Legal Roundtable: Collaborative Defense,” 2019 Annual Conference, November 7, 2019
“Life in the Fast Lane: Cruising Through the CCPA’s Draft Regulations,“ Podcast: Volume Two (November 2019)
“Welcome to the Hotel California (Consumer Privacy Act): You can check out any time you’d like, but you may still be liable,“ Podcast: Volume One, (August 2019)
Speaker, “New Developments in HIPAA and Related Issues in Health Information Law.” MaHIMA Dot Wagg Memorial Legislative Seminar, November 1, 2019
Speaker, “Market Access Programs: A Legal Perspective.” DxConference - Advancing Market Access for Diagnostics, October 24, 2019
Moderator, "How Tech Companies are Leading Healthcare Innovation," New England Healthcare Executive Network, October 7, 2019
"GDPR, CCPA, and All That Jazz," Mass Technology Leadership Council, September 12, 2019
Panelist, “A Day at the Breach – Cybersecurity and Privacy for your Business,” August 14, 2019
Speaker, “New Massachusetts Data Breach Law Update,” Webinar, AIM - Associated Industries of Massachusetts, June 5, 2019
"Innovations in Health Care," Boston Bar Health Care Conference, May 30, 2019
"GDPR: Lessons Learned From the First Year," Foley Hoag Webinar, April 29, 2019
“Collaboration between Cybersecurity and Legal Functions in Organizations,” Advanced Cyber Security Center Cyber Tuesday, with Stephanie Zierten, Assistant Counsel, Federal Reserve Bank of Boston, February 12, 2019
"New Developments in Health Information Law," MaHIMA Dot Wagg Legislative Seminar, November 9, 2018
"The Interplay of HIPAA, Privacy and Data Security Principles, and Health Information Interoperability," MedInnovation Boston, June 25, 2018
"The Legal Benefits and Practical Problems of Data Encryption in the Workplace (and Elsewhere)," presentation to Union College, Department of Computer Science, March 2, 2018
"Setting Security Strategies and Getting Real About GDPR," MassTechnology Leadership Council CISO Roundtable, February 6, 2018
"New Developments in Health Information Law, or How to Do Your Job and Not Get Arrested," MaHIMA, November 3, 2017
"Surveillance, Security, and Privacy," 2017 Advanced Cyber Security Center Annual Conference, November 2, 2017
"Cybersecurity: Compliance Processes and Audit Tools for the Non-Expert Lawyer," Boston Bar Association, October 3, 2017
"Reducing the Risk of a Data Breach," Lex Mundi COO and Executive Directors Conference, September 15, 2017
"Privacy and the Life Sciences," Boston Bar Association Privacy & Cybersecurity Conference, May 24, 2017
"Privacy and Data Breach Issues for Pharmaceutical/Medical Device Manufacturers and Other Life Sciences Companies," Lex Mundi Health Care and Life Sciences Practice Group Meeting, January 27, 2017
"HIPAA, Industry-Provider Interactions, and Related Compliance Matters," MichBIO Bioscience Regulatory Compliance Workshop, January 17, 2017
"Massachusetts Release of Information for Health Information - Rate Rules and Pushback," MaHIMA Webinar, December 8, 2016
"What Do You Do When Commercial Payers Want Their Money Back?," he Diagnostic Conference (DXCON14), September 29, 2016
"Disruptive Digital Health Technology: A Boon or Bane to Medical Care?," New England Healthcare Executive Network, September 26, 2016
"Cybersecurity Challenges and Solutions for Emerging Managers," Hedge Fund Association Symposium, June 23, 2016
"Finding the Rx for Your Patient Assistance Program: Keeping Up with the Competition and with Law Enforcement Trends," Premier Source Operations Managers and TC Learning Session, April 13, 2016
“Massachusetts Health Information Management Association Winter Meeting: Compliance Beyond HIPAA,” January 22, 2016
“Data Breaches and Standing to Sue: Does Walker v. Boston Medical Center Mean the End of the Need for Particularized Injury Allegations?” Boston Bar Association (with Linn Freedman, Esq.), January 15, 2016
"Legal, Regulatory and Compliance Issues for Labs," American Clinical Laboratory Association Annual Meeting, May 5, 2015
"Connecting Medical Products to the Internet of Things: Legal and Related Challenges for Connected and Mobile Medical Devices," Medical Development Group Seminar, April 29, 2015
"Cyber Risk and the Boardroom: The Role of Cyber Insurance," New York Stock Exchange Governance Series, April 21, 2015
"Industry Update: Lessons Learned from First Open Payment Reporting Period," 4th Annual Program on Medical Communications and Dissemination of Healthcare Information, February 26, 2015
“2014 Healthcare Conference: Transforming Healthcare through Technology and Innovation,” Mass Technology Leadership Council, December 3, 2014
“Update on Massachusetts Law of Health Information: ROI, Privacy and Security, The State of the Law and Its Possible Future Direction,” MaHIMA Dot Wagg Legislative Seminar, November 7, 2014
"Planning for 2015 – Bracing for the Impact of the Public Reports," 6th Annual Forum on the Sunshine Act, Open Payments and Aggregate Spend Compliance, October 20, 2014
"Mastering Legal, Regulatory and Compliance Issues Associated with Laboratory Developed Test," The Diagnostic Conference (DXCON14), September 19, 2014
"In the Belly of the Breach: What Every In-House Counsel Needs to Know about Data Breach Response," ACC International Legal Affairs Committee (with Gant Redmon, Co3 Systems), May 8, 2014
"Regulating Electronic Health Records and Clinical Decision Support Software as Medical Devices: Implications for Industry, Compliance and Health Policy," Health Information and Management Systems Society, January 30, 2014
"Looking Ahead: The Future of Cyber Liability Insurance," Professional Liability Underwriting Society (PLUS) Cyber Liability conference, September 19, 2013
"Mastering Legal, Regulatory and Compliance Issues Associated with Lab Developed Tests," he Diagnostic Conference (DXCON14), August 13, 2013
"Healthcare Privacy and Security: Breach Prevention and Mitigation / Insuring for Breach," Boston Bar Association, April 8, 2013
"Fraud and Abuse in the Sale and Marketing of Drugs: Building Anticipated Enforcement Priorities into Your Aggregate Spend Compliance Program," American Conference Institute, March 22, 2013
"The Final CMS Sunshine Rule: Analysis, Interpretation and Implementation," American Conference Institute Webinar, March 6, 2013
"HIPAA Compliance: Understanding the New Federal Omnibus Rules and Preparing to Respond to a State/Federal Audit," Massachusetts Hospital Association, February 6, 2013 (with Kevin C. Conroy)
"Release of Health Information Update," Massachusetts Health Information Management Association Dot Wagg Memorial Seminar, November 9, 2012
"Protecting Health Information: Health Data Security Training," Attorney General Martha Coakley and Massachusetts Medical Society, October 25, 2012
"Patient Access Programs: A Legal Perspective," he Diagnostic Conference (DXCON14), October 23, 2012
"A 'Modest' Proposal: Massachusetts' New Emergency Regulations and Their Implications," ACI Physician Payment and Aggregate Spend Conference, October 17, 2012
"Protecting Privacy and Security in the New Health Data Ecosystem," Health Data Initiative Forum III - Health Datapalooza, June 7, 2012
"Understanding the New U.S. Sunshine Act and Its Impact on Health Care Providers and Industry," Lex Mundi Webinar, January 18, 2012
"Good Governance Practices for Health Care, Educational & Other Non-Profit Organizations," Boston Bar Association, October 25, 2011
"What Every In-House Counsel Needs to Know About Data Security and Privacy," Association of Corporate Counsel and Lex Mundi, with Ed Palmieri, Privacy Counsel, Facebook, September 7, 2011
"What Law Applies in the Cloud," CloudCamp, June 2, 2011

Foley Hoag, 55 Attorneys Named to Massachusetts Supreme Judicial Court 2019 Pro Bono Honor Roll
November 12, 2020
Best Lawyers in America Names 32 Foley Hoag Attorneys in 2021 Rankings
August 20, 2020
27 Foley Hoag Lawyers Recognized in Chambers USA 2020
April 23, 2020
Best Lawyers in America Names 33 Foley Hoag Attorneys in 2020 Rankings
August 15, 2019
26 Foley Hoag Lawyers Recognized in Chambers USA 2019
April 30, 2019
Foley Hoag Advises Orig3n in Closing of Series B Funding Round
August 28, 2018
Best Lawyers in America Names 33 Foley Hoag Attorneys in 2019 Rankings
August 15, 2018
27 Foley Hoag Lawyers Recognized in Chambers USA 2018
May 4, 2018
Foley Hoag Advises CutisPharma in Sale to NovaQuest Capital Management
March 27, 2018
Best Lawyers in America Names 32 Foley Hoag Attorneys in 2018 Rankings
August 15, 2017
25 Foley Hoag Lawyers Recognized in Chambers USA 2017
May 30, 2017
Nine Foley Hoag Attorneys Selected for JD Supra 2017 Readers Choice Awards
May 8, 2017
Foley Hoag to Partner with MichBio Association
April 14, 2017
Foley Hoag Represents GMI in Partnership Agreement with AbbVie, WuXi NextCode
January 16, 2017
Best Lawyers in America Names 30 Foley Hoag Attorneys in 2017 Rankings
August 15, 2016
28 Foley Hoag Lawyers Recognized in Chambers USA 2016
May 27, 2016
Foley Hoag Represents ShapeUp in Sale to Virgin Pulse
March 16, 2016
The Best Lawyers in America Names 32 Foley Hoag Attorneys in 2016 Rankings
August 24, 2015
Foley Hoag Receives Lex Mundi Pro Bono Foundation Award
June 23, 2015
Chambers USA 2015 Ranks Foley Hoag Lawyers, Practices
May 18, 2015
Foley Hoag to Host Seminar on ISO 27018 Cloud Code of Practice
May 11, 2015
Foley Hoag and ComplySmart to Offer Healthcare Privacy and Data Security Seminar
April 30, 2015
Foley Hoag Partner Colin Zick to Speak at NYSE Governance Services’ “Cyber Risks & the Boardroom” Event
April 15, 2015
Foley Hoag Partners with NYSE on Life Sciences Industry Peer Exchange
April 8, 2015
Foley Hoag Partner Colin Zick to Speak at Q1 Annual Medical Communications and the Dissemination of Scientific Information Conference
February 16, 2015
Foley Hoag Represents ORIG3N in Funding Round
February 9, 2015
Foley Hoag Partner Colin Zick to Speak at 6th Annual Forum on the Sunshine Act, Open Payments and Aggregate Spend Compliance
October 19, 2014
Foley Hoag Partners Brian Carey and Colin Zick to Speak at DXcon14 - The Diagnostic Conference
September 16, 2014
The Best Lawyers in America Names 29 Foley Hoag Attorneys in 2015 Rankings
August 20, 2014
Chambers USA 2014 Ranks Foley Hoag Lawyers, Practices
May 23, 2014
New Foley Hoag-EHRIntelligence Webinar Series Kicks Off With Session on Impact of New FDA Healthcare Tech Regulations
January 24, 2014
Chambers USA 2013 Ranks Foley Hoag Lawyers, Practices
May 24, 2013
Chambers USA 2012 Ranks Foley Hoag Lawyers, Practices
June 7, 2012
Client Physicians of Cape Cod ACO Selected as One of 27 ACOs Nationally to Participate in Medicare Shared Saving Program
April 11, 2012
Foley Hoag Congratulates Alma Del Mar Charter School on Opening for Its First School Year
September 20, 2011
Chambers USA 2011 Ranks Foley Hoag Lawyers, Practices
June 13, 2011
Foley Hoag Client Genetic Technologies Obtains Approval for U.S. Launch of Breast Cancer Risk Test
June 10, 2011
Boston Bar Association Names Foley Hoag Partners Section Co-Chairs
June 8, 2011
Foley Hoag Lawyers in Chambers USA 2010
June 11, 2010
Foley Hoag Partner Colin Zick Nominated to North American Regional Vice Chair of the Health Care Industries Practice Group of Lex Mundi
October 8, 2009
Foley Hoag Names New Partners
January 12, 2009

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Colin J. Zick

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Colin J. Zick

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