Conor O. Duffy

(he/him/his)

Partner

  • Overview

    Biography

    Conor Duffy is a member of the firm's Health Law Group and its Data Privacy + Cybersecurity Team. He advises hospitals, physician groups, community providers, and other health care entities on general corporate matters and health law issues. He also counsels clients on what measures are needed to safeguard data and patient information.

    Regulatory

    Conor provides legal counsel to health care clients on various regulatory matters, such as Medicare and Medicaid program compliance, federal fraud and abuse laws, and the Emergency Medical Treatment & Labor Act (EMTALA). He also assists with the full spectrum of state health law matters, including those related to licensure and staffing. Conor represents clients in state and federal administrative appeals and provides counsel related to internal investigations. He is a frequent speaker and writer on recent developments in fraud and abuse enforcement and False Claims Act jurisprudence.

    Transactional

    Conor advises health care clients on structuring transactions to meet their business objectives in accordance with federal and state law. He assists with transactions involving contracting, affiliations, joint ventures, leasing agreements, clinical service agreements, and the establishment of accountable care and physician-hospital organizations. 

    Information Privacy and Security

    As a member of the firm’s Data Privacy + Cybersecurity team, Conor assists health care providers with compliance with the Health Insurance Portability and Accountability Act (HIPAA). He helps clients protect against impermissible disclosures of data and provides guidance on data breach response efforts. He also advises clients on security programs, policies, education, and the implementation of administrative, technical, and physical safeguards. Conor is a regular contributor to the firm’s Data Privacy + Security Insider publication. He is also a vice-chair of the American Bar Association Health Law Section’s Web & Tech Committee, a role in which he supports the online activities of the Health Law Section’s interest groups and manages technological matters on behalf of the Health Law Section.

    Pro Bono and Community Involvement

    Conor regularly undertakes pro bono matters. He has represented an Ethiopian political activist in his application for asylum. He also has provided pro bono counsel on reputation management related to unfavorable online search engine results, counseled a public high school on the establishment of a tax-exempt booster club, and reviewed contracts for a prominent veterans’ support organization. While in law school, Conor interned at the University of Connecticut School of Law's Asylum & Human Rights Clinic, where he participated in the representation of a Middle Eastern journalist during her successful application for asylum in the United States.

    He contributes to the firm's blog, Health Law Diagnosis.

    Conor is a member of the Executive Committee of the New Haven County Bar Association. 

     

  • Experience
    • Experience

      Experience

      • Represented Visiting Nurse Association (VNA) in the sale of its home health and hospice operations to Amedisys, a leading national provider of home health, hospice, and personal care. 

      • Assisted hospital client with formation of professional corporation for employment of physicians in private practice model.

      • Provides regular representation of health care providers such as hospitals and nursing homes on matters of corporate governance, contracts, regulatory compliance, corporate compliance, risk management, policies, fundraising and tax exemption, employment, labor and litigation.

      • Advises hospitals on physician recruitment and retention matters, including providing advice regarding Stark exceptions, anti-kickback safe harbors and tax exemption restrictions and drafting of income guarantees, loan forgiveness arrangements and employment agreements.

      • Supports clients in administrative licensure investigations and proceedings before the Connecticut Department of Public Health.

      • Provides advice to hospitals regarding issues involving the Emergency Medical Treatment & Labor Act (EMTALA).

      • Provides counsel to hospitals and physician clients in connection with their adoption of electronic health record systems, including on relevant fraud/abuse and privacy obligations under federal and state law.

    • Professional Associations

      Professional Associations

      American Bar Foundation
      Fellow (2019)

      New Haven County Bar Association
      Executive Committee (2019)

      New Haven Legal Assistance Association
      Member, Board of Directors (2020)
    • Honors + Awards

      Honors + Awards

      Selected by his peers for inclusion in Best Lawyers: Ones to Watch in the area of Health Care Law since 2021.

      Selected as a Rising Star to the Connecticut Super Lawyers list from 2017 to 2022.

      2018-2021 JD Supra Readers' Choice Top Author in the area of healthcare.

      Recognized as a New Leader in the Law by the Connecticut Law Tribune, 2021

    • Community Involvement

      Community Involvement

      First Choice Health Centers, Inc.
      Board of Directors (2022)
  • NEWS + PRESS
    • Publications

      Publications

      "Compliance Corner—The End of the Public Health Emergency: What’s Next for Telehealth?" co-authored with Kathleen G. Healy, published in Health Law Connections, the member magazine of the American Health Law Association (May 2023)
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      "Second Circuit Affirms HHS Rejection of Direct Copayment Assistance under Anti-kickback Statute," co-authored with Benjamin M. Daniels, published in Physicians Practice (9/16/2022)
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      "Telehealth confusion could create issues for physicians," co-authored with Seth B. Orkand, published in Medical Economics (7/27/2021)

      "Construction and Maintenance: Connectivity and Cyber Security Considerations," co-authored with Virginia K. Trunkes, published in Healthcare Facilities Today (3/31/2021)

      "Government fraud alert for physicians: Watch out for speaker programs," co-authored with Nathaniel T. Arden, published in Medical Economics (11/18/2020)

      "The benefit of COVID-19 waivers to Stark Law, anti-kickback statute," co-authored with Peter H. Struzzi, published in Medical Economics (11/3/2020)
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      "COVID-19 pandemic brings telehealth into U.S. homes," co-authored with Peter H. Struzzi, published in Medical Economics (8/13/2020)
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      "Escobar Materiality Standard for Implied False Certification Claims Poses Acute FCA Compliance Challenge," published in AHLA Connections, co-authored with Theodore J. Tucci and Kathleen E. Dion (September 2017)

      "HIPAA: A Guide to Health Care Privacy and Security Law," co-authored with Lisa M. Boyle (12/1/2016)

      "Third Circuit Delivers Resounding Victory for FTC in Pennsylvania Hospital Merger Case," co-authored with Nathaniel T. Arden (11/22/2016)

      "New Guidance for Health Care Program Exclusions," published in Connecticut Law Tribune, co-authored with Meaghan Mary Cooper (5/2/2016)
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      "Feds Lay Down Law on Corporate Misconduct," published in Connecticut Law Tribune, co-authored with Edward J. Heath (10/19/2015)
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      "ACA, Health Care Overpayments and the 60-Day Rule," published in Law360, co-authored with Leslie J. Levinson and Nathaniel T. Arden (5/26/2015)

      "Legislature Confronts Health Care Issues," published in Connecticut Law Tribune (2/9/2015)

      "Governor Malloy Signs Bill Making Significant Health Law Changes," published in American Health Lawyers Association Newsstand, co-authored with Lisa M. Boyle (6/4/2014)

    • Presentations

      Presentations

      "No Surprises! Overview of New Surprise Billing Protections and What Hospitals Need to Know," co-presented with Nathaniel T. Arden, at the Healthcare Financial Management Association of Massachusetts and Rhode Island / New England Healthcare Internal Auditors “2022 In-Person Compliance & Internal Audit Conference” (11/30/2022)
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      "Access Issues/ Patient Receptivity/ Home Hospital," at the Massachusetts Bar Association's 2022 Health Law Conference (9/30/2022)
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      "Surprise Billing Rules Coming January 1, 2022 – Important Information About New Rules," co-presented with Danielle H. Tangorre and Michael G. Lisitano, an R+C-hosted webinar (12/16/2021)
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      "Telehealth Compliance Amidst COVID-19," co-presented with Nathaniel T. Arden, at the joint Healthcare Financial Management Association (HFMA) MA-RI Chapter and New England Healthcare Internal Auditors (NEHIA) 2021 In-Person Compliance & Internal Audit Conference (12/3/2021)
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      "Massachusetts Bar Association's 2021 Health Law Conference," co-presented with Natale V. DiNatale, Kathryn M. Rattigan and Abby M. Warren, presented by the Massachusetts Bar Association's Health Law Section Council (9/24/2021)
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      "COVID-19 Vaccine Updates and Legal Issues to Consider," co-presented with Abby M. Warren and Bruce B. Barth, an R+C-hosted webinar (2/19/2021)
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      "Physician Compensation Arrangements: Rules, Risks and Reviews," presented at the New England Health Internal Auditors 2019 Audit & Compliance Conference. (12/6/2019)
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      "Turning "Can We Do This?" into "We Can Do This!": Navigating Compliance, Part V," live webinar presented by the American Health Lawyers Association (6/20/2018)
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      "Crucial Steps and Strategies in Managing Risks Under HIPAA & HITECH," webcast, presented by The Knowledge Group (3/14/2018)
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      "Avoiding Pinstripes and Fines: Fundamentals of Health Care Fraud and Abuse," moderated this webinar (9/21/2017)
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      "Recent Developments in Fraud and Abuse Enforcement – Important Issues for Hospitals and Providers," co-presented with Meaghan Mary Cooper, at 2016 Legal Playbook: Best Practices to Keep Your Healthcare Operations on the Winning Side program in Wallingford, Connecticut (2/23/2016)
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    • News

      R+C in the News

      • May 4, 2023

        Kate Healy and Conor Duffy Co-Author American Health Law Association Article on “What’s Next for Telehealth?”

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      • December 20, 2022

        Conor Duffy Named to First Choice Health Centers’ Board of Directors

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      • October 19, 2022

        Conor Duffy Quoted in Law360 Article on Pfizer Lawsuit and the Anti-Kickback Statute

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      • September 21, 2022

        Conor Duffy and Ben Daniels Author Article on Second Circuit Interpretation of the Anti-Kickback Statute for Physicians Practice

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      • August 4, 2021

        Conor Duffy and Seth Orkand Author Medical Economics Article on Telehealth Waivers Creating Provider Compliance Concerns

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      • May 21, 2021

        Transactional Health Law Team Represents Visiting Nurse Association and BlackTree/Simione in Recent Deals

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      • May 13, 2021

        Connecticut Law Tribune Honors Seven Robinson+Cole Lawyers During Connecticut Legal Awards

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      • April 5, 2021

        Virginia Trunkes and Conor Duffy Author Healthcare Facilities Today Article on Cybersecurity in Health Care Design

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      • March 31, 2021

        Robinson+Cole Lawyers Receive “Top” Honors in JD Supra’s 2021 Readers’ Choice Awards

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      • November 20, 2020

        Conor Duffy and Nathaniel Arden Author Article on OIG Special Fraud Alert Published in Medical Economics

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      • November 4, 2020

        Conor Duffy and Peter Struzzi Author Article on Published in Medical Economics

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      • August 18, 2020

        Conor Duffy Appointed to New Haven Legal Assistance Board of Directors

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      • August 14, 2020

        Conor Duffy and Peter Struzzi Author Article on Telehealth During the COVID-19 Pandemic Published in Medical Economics

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      • April 29, 2020

        Robinson+Cole Lawyers Receive “Top” Honors in JD Supra’s 2020 Readers’ Choice Awards

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      • June 5, 2019

        Conor Duffy Is Named a Fellow of the American Bar Foundation

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      • April 1, 2019

        Robinson+Cole Receives “Top” Honors in JD Supra’s 2019 Readers’ Choice Awards

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      • October 18, 2018

        51 Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • October 17, 2018

        Conor Duffy Quoted in Renal & Urology News Article on Criminal Charges for HIPAA Violations

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      • June 22, 2018

        Conor Duffy Presents Webinar on Compliance for American Health Lawyers Association

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      • March 27, 2018

        Conor Duffy Presents Webcast on Managing Risks Under HIPAA & HITECH

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      • March 14, 2018

        Conor Duffy Quoted in Cook County Record Article on $100,000 Fine for Defunct Business Associate Due to Improper Disposal of Medical Records

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      • September 29, 2017

        Conor Duffy Moderates ABA Webinar on Health Care Fraud and Abuse

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      • September 27, 2017

        Ted Tucci, Kate Dion, and Conor Duffy Co-author Article Published in AHLA Connections

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      • June 22, 2017

        Robinson+Cole Lawyers Participate in THE RIDE For Our Vets

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      • May 31, 2016

        Health Law Lawyers Write Article for CLT's Special Health Law Section

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      • March 2, 2016

        Hartford Lawyers Present at HFMA Program

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      • October 29, 2015

        Hartford Lawyers Pen Article on the US DOJ's Controversial Yates Memo for CLT

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      • June 15, 2015

        Health Law Lawyers Pen Article for Law360

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      R+C News Releases

      • October 11, 2022

        Robinson+Cole Lawyers Recognized in 2022 Super Lawyers®

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      • August 18, 2022

        74 Robinson+Cole Lawyers Listed in The Best Lawyers in America 2023

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      • December 8, 2021

        Robinson+Cole Elects New Partners and Counsel

      • October 14, 2021

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • August 19, 2021

        65 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2022

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      • October 15, 2020

        47 Robinson+Cole Lawyers Recognized in Super Lawyers®

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      • August 20, 2020

        61 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2021

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      • October 19, 2019

        52 Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • October 17, 2017

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • July 17, 2014

        Robinson+Cole Welcomes Six New Lawyers

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    • Legal Updates/Newsletters

      Legal Updates/Newsletters

      "Health Law Diagnosis - Unanimous Supreme Court Endorses Subjective Belief Standard for False Claims Liability" co-authored with Seth B. Orkand (6/2/2023)

      "Health Law Diagnosis - DEA Extends Pandemic Telehealth Prescribing Flexibilities For Up To 18 Months" (5/10/2023)

      "Health Law Diagnosis - HHS Seeks to Strengthen Protections of Reproductive Health Information with Proposed Changes to HIPAA" co-authored with Paul J. Sevigny (04/17/2023)

      "Health Law Diagnosis - OCR Reminder: Pandemic-Era HIPAA Flexibilities Will End May 11, 2023" (4/13/2023)

      "Health Law Diagnosis - Stark Settlement Targeting Hospital and Physicians a Reminder for Health Care Organizations" (04/05/23)

      "Health Law Diagnosis - CMS Issues Guidance for Providers on Waivers, Flexibilities and End of COVID-19 Public Health Emergency" co-authored with Erin C. Howard and Paul J. Sevigny (3/17/2023)

      "OSHA COVID-19 Emergency Temporary Standard for Healthcare Industry Takes Effect" co-authored with Megan E. Baroni, Lisa M. Boyle and Jonathan H. Schaefer (6/21/2021)

      "Running a Successful COVID-19 Testing Program: Considerations for Employers Using Third-Party Vendors" co-authored with Emily A. Zaklukiewicz, Britt-Marie K. Cole-Johnson, Alisha N. Sullivan and Abby M. Warren (1/7/2021)