Nathaniel T. Arden

(he/him/his)

Partner

  • Overview

    Biography

    Nathaniel Arden has extensive experience advising clients on health care regulatory compliance, fraud and abuse issues, health care information technology issues, managed care arrangements and clinical trials. Nathaniel also advises clients, both within and outside of the health care field, on complex software licensing, software-as-a-service agreements and other technology outsourcing, maintenance and service arrangements and related data issues. He is a member of the firm's Health Law and Intellectual Property + Technology Groups.

    Health Care Regulatory, Contracting and Governance

    Nathaniel advises health systems, hospitals, physician groups and accountable care organizations on general regulatory compliance matters, including Medicare and Medicaid regulations, the Stark law and federal anti-kickback statute, as well as similar state laws, information blocking laws, hospital price transparency matters, Health Insurance Portability and Accountability Act (HIPAA) and state privacy laws, provider and facility licensing laws, and scope of practice issues. He regularly negotiates clinical services agreements, clinical trial agreements and advises clients on related clinical research issues. He has advised clients on the use of digital tracking technologies in compliance with the Office of Civil Rights’ (OCR) 2022 tracking technologies guidance.

    Nathaniel has broad experience representing hospitals, health systems, clinically integrated networks and telehealth providers in negotiation of managed care agreements, including with Medicare Advantage plans.

    Nathaniel’s practice also includes counseling health care entities on corporate governance issues including bylaws, certificates of incorporation, board member obligations and corporate restructurings.

    Information Technology

    Nathaniel focuses a significant amount of his practice on counseling health care providers, digital health companies and other software companies on information technology issues. He advises clients on enterprise software license, software as a service (SaaS), data license, reseller arrangements, mobile and digital health matters and similar information technology agreements, including matters involving electronic medical records systems, population health management tools and health information exchanges. He has experience assisting clients with licensing of artificial intelligence-supported software, as well as experience with data use and ownership issues.

    He is a contributor to the firm’s health law blog, Health Law Diagnosis.

  • Experience
    • Experience

      Experience

      • Advised health care providers on complying with the information blocking rules under the 21st Century Cures Act, including through development of policies and procedures to implement operations necessary for compliance with such rules.

      • Represented electronic medical record SaaS provider in licensing its software to customers, as well as regulatory compliance matters.

      • Negotiated value-based care arrangements with nationally recognized health care organization, and advised physician-owned entity on compliance with Stark law and federal Anti-kickback Statute.

      • Represented AI-based remote patient monitoring software provider and a provider of AI-based health care billing in drafting customer license and service agreements, and advised clients on use of data in compliance with HIPAA and state privacy laws.

      • Advised health care provider clients on use of pixels, web beacons, cookies and other tracking technologies in wake of OCR’s 2022 tracking technologies guidance. Nathaniel’s work included updating clients’ privacy policies and implementation of procedures to ensure continued compliance with OCR’s guidance.

      • Represented solar energy technology company to create a customer agreement template for sale of hardware, licensure of a SaaS platform and performance of related services.

      • Advised hospital client regarding compliance with the federal hospital price transparency rules.

      • Advised health care provider clients on privacy, security and technology issues related to negotiation of a health information exchange agreement for participation in a state-mandated health information exchange.

      • Negotiated numerous commercial payor and managed care agreements on behalf of health care provider clients, including agreements involving pay-for-performance models and capitated payment models.

      • Advised clinical laboratory consortium in the creation of master SaaS agreements used to offer its technology platform to customers.

      • Represented a clinically integrated network in negotiating and implementing an organization wide, cloud-based population health management system.

      • Represented hospitals in connection with acquisition of electronic medical record software.

      • Represented hospitals in connection with their donation of electronic medical record software to community physicians, including advising clients on Stark law and federal Anti-kickback Statute compliance.

      • Represented health care providers in connection with the purchase and implementation of telemedicine platforms.

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    • Professional Associations

      Professional Associations

      American Health Law Association

      American Bar Association

      Connecticut Bar Association

      New York State Bar Association

      Health Information Management Systems Society
    • Honors + Awards

      Honors + Awards

      Selected as a Rising Star to the Connecticut Super Lawyers list from 2019 to 2023.

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

    • Community Involvement

      Community Involvement

      Connecticut Association for the Gifted
      Member, Board of Directors (2015 - 2017)
  • NEWS + PRESS
    • Publications

      Publications

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

      "Health Information Technology Community Awaiting Much-Needed Proposed Rule," article featured in Robinson+Cole's IP+T Intelligence Newsletter (Q2 2018)

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

      "ACA, Health Care Overpayments and the 60-Day Rule," published in Law360, co-authored with Leslie J. Levinson and Conor O. Duffy (5/26/2015)

      "Recent Case Law Extends Stark Law to Medicaid," published in Becker's Hospital Review, co-authored with Leslie J. Levinson (12/2/2014)

    • Presentations

      Presentations

      "Post-Pandemic Compliance – Best Practices and Areas of Regulatory Scrutiny," co-presented with Conor O. Duffy, as part of the New England Healthcare Internal Auditors (NEHIA) 2023 Compliance and Internal Audit Conference (11/30/2023)
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      "Mobile Health Applications - New FTC Regulatory Guidance on Applications," as part of the Massachusetts Bar Association’s (MBA) 2023 Health Law Conference (9/29/2023)

      "Payor-Provider Contracting and Dispute Resolution," co-presented with Melissa (Lisa) Thompson, webinar hosted by the Massachusetts Health & Hospital Association (MHA) (7/17/2023)
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      "No Surprises! Overview of New Surprise Billing Protections and What Hospitals Need to Know," co-presented with Conor O. Duffy, 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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      "Telehealth Compliance Amidst COVID-19," co-presented with Conor O. Duffy, 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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      "Contracts 101: Drafting and Negotiating Tips and Strategies," co-presented with Adam Anderson and Alaine C. Doolan, went over the basics in contract negotiation and other tips in Hartford, CT (4/24/2019)

    • News

      R+C in the News

      • November 20, 2020

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

        • » more info
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      • May 17, 2019

        Robinson+Cole Lawyers and Staff Attend MMRF's "Laugh for Life" Fundraiser in NYC

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      • April 24, 2019

        Adam Anderson and Nathaniel Arden Facilitate "Contracts 101" workshop

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      • October 26, 2017

        Robinson+Cole Participates in CVG's CT Tech Tour

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      • June 15, 2015

        Health Law Lawyers Pen Article for Law360

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      • December 8, 2014

        Health Law Lawyers Pen Article for Becker's Hospital Review

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      R+C News Releases

      • October 26, 2023

        Robinson+Cole Lawyers Recognized in 2023 Super Lawyers®

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      • August 17, 2023

        78 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2024

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      • 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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      • January 10, 2020

        Robinson+Cole Elects New Partner and Counsel

      • October 19, 2019

        52 Robinson+Cole Lawyers Recognized by Super Lawyers®

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    • Legal Updates/Newsletters

      Legal Updates/Newsletters

      "Health Law Diagnosis" co-authored with Danielle H. Tangorre, Seth B. Orkand and David E. Carney (3/21/2024)

      "Health Law Diagnosis - CMS Updates Guidance to Allow Texting of Patient Orders" (2/13/2024)

      "Health Law Diagnosis" co-authored with Conor O. Duffy and Adrienne Brown (12/15/2023)

      "Health Law Diagnosis - HHS Proposes Disincentives for Providers that Commit Information Blocking" co-authored with Michael G. Lisitano (11/1/23)

      "Health Law Diagnosis" co-authored with Conor O. Duffy and Michael G. Lisitano (10/24/23)

      "Health Law Diagnosis" co-authored with Conor O. Duffy and Erin C. Turkis (7/21/2023)

      "Health Law Diagnosis" co-authored with Conor O. Duffy and Michael G. Lisitano (7/5/2023)

      "Health Law Diagnosis" co-authored with Erin C. Turkis, Stephen W. Aronson, Michael G. Lisitano and Conor O. Duffy (6/14/2023)

      "IP+T Intelligence Newsletter" co-authored with Alaine C. Doolan, Jacqueline Pennino Scheib and Benjamin C. Jensen (Q2 2018)