Colin J. Zick

Partner, Co-Chair, Healthcare Practice and Chair, Privacy & Data Security Practice - Boston

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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, 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.

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Education:

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

Representative Experience

  • 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-kickbackadvisory opinion from the Department of Health and Human Services Office of Inspector General
  • Reported Cases: 
    • 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)
  •  Co-author, State Response to Opioid Crisis and Opioid Prescribing Requirements: A 50 State Survey, American Health Lawyers Association (Nov 2019)
  • 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

Honors

  • Selected by his peers for inclusion in THE BEST LAWYERS IN AMERICA in the field of Healthcare Law (2015-2020) and Privacy and Data Security Law (2019-2020)
  • Ranked by CHAMBERS USA: AMERICA'S LEADING LAWYERS FOR BUSINESS as one of Massachusetts' leading Healthcare attorneys (2010-2019)
  • Listed in MASSACHUSETTS SUPER LAWYERS (2004-2018)
  • 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)
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Bar Admissions

  • Massachusetts
  • New Hampshire

Court Admissions

  • 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