Andrea Ferrari is a partner in the Corporate Practice Group and a member of the firm’s Healthcare Industry Team. Prior to joining Jones Walker, she was a partner and chief diversity, equity and inclusion officer at one of the nation’s most prominent healthcare valuation and consulting firms. Before joining that firm, she was a member of the healthcare practice group of a global Am Law 100 law firm.
Andrea’s regulatory practice is national in scope and includes providing transactional, operational, governance, and dispute resolution counsel for a broad array of nonprofit, for-profit, and governmental clients. She focuses on structuring, documenting, managing, and, when necessary, defending financial arrangements involving healthcare providers, which often involves attention to the “Big Three” compliance requirements of being fair market value, being commercially reasonable, and not inappropriately taking into account the volume and value of referrals. Her work includes assisting clients with mergers and acquisitions, affiliations, joint ventures, public-private partnerships, enterprise-level compliance programs, and healthcare workforce recruitment and management arrangements, including significant incentive, independent contractor, and employment arrangements that exceed $1 million in annual compensation. Her work also includes outside general and special counsel services for healthcare clients, often with respect to their contracting and compensation practices.
In addition to assisting healthcare clients in significant transactions, investigations, litigation and compliance planning, Andrea utilizes her public health training to assist clients both within and outside of the healthcare industry with post-pandemic population health strategies, including protocols for health services staffing, vaccination, quarantine, emergency preparedness and response, and the promotion of health equity.
Andrea brings to her work broad healthcare industry experience and unique perspective on the common regulatory requirements of fair market value and commercial reasonableness developed in her years as a valuation professional focused on healthcare and as the author of more than 100 presentations and publications on these topics. In her more than 25 years in the healthcare industry, Andrea has worked with some of the largest health systems, physician groups, and life sciences companies in the United States, as well as numerous Fortune® 500 and Fortune® 100 companies and False Claims Act defense counsel. In addition to her experience as partner at one of the nation’s leading healthcare-focused valuation and consulting firms, Andrea draws on her experience as an attorney in the healthcare practice group of a global Am Law 100 law firm, as contract associate general counsel for a regional public health system providing safety-net and trauma care, working in-house in a major urban academic medical center, coordinating clinical research at several well-known teaching hospitals and working with life sciences companies through a firm providing drug development consulting for the pharmaceutical industry.
Although Andrea’s experience includes a broad spectrum of healthcare transactions, investigations, and litigation, she is most-known for her work with uniquely experienced “Rockstar” physicians and academic, safety-net, and public hospitals. Her recent focus areas have also included:
- Providing pre- and post-transaction due diligence for major acquisitions, joint ventures, and affiliations, including financial review for compliance with fraud and abuse laws, tax exemption regulations, antitrust laws, anti-discrimination laws, other legal and regulatory requirements, and Environmental, Social, and Governance principles
- Assisting clients in transitioning to value-based payments, including structuring compliant compensation plans and incentive payments in the context of coordinated care and provider alignment strategies, such as clinically integrated networks, accountable care organizations, hospital quality and efficiency programs, gainsharing arrangements, and co-management and bundled payment arrangements
- Avoiding fraud and abuse issues in clinical research agreements, including establishing and maintaining clinical research compliance programs for proper budgeting and payments
- Advising clients on compliant provider recruitment and retention strategies, including for shortage areas and uniquely experienced teaching, thought leader, and “Rockstar” physicians
- Addressing staffing and contracting issues for essential providers, including safety-net and rural provider organizations, children’s hospitals, and public hospitals and health systems
- Assisting clients with significant medical director and physician consulting agreements, including as the author for medical director arrangements for multiple editions of the American Health Law Association and Business Valuation Resources joint guide to healthcare arrangements
- Designing regulation-compliant population health and public health advancement strategies, including compensation and incentives to promote health equity and diversity in the provider workforce
- Providing counsel on public and population health topics such as vaccination, quarantine, supply chain management, disability accommodation, and mandated requirements for disaster preparedness for both healthcare and non-healthcare clients, including hospitality industry clients