Yelena Greenberg

Yelena Greenberg

(she/her/hers)

Associate

Yelena Greenberg

(she/her/hers)

Associate

  • Overview

    Biography

    Yelena Greenberg advises hospitals, academic medical centers, nursing homes, physician groups, and university health centers and clinical programs on a broad range of health law issues. Lena is a member of the firm’s Health Law Group.

    Regulatory

    Lena advises health care clients on various privacy-based regulatory matters, including compliance with the Health Insurance Portability and Accountability Act (HIPAA) and its intersection with the Telephone Consumer Protection Act (TCPA, the Family Education Rights and Privacy Act (FERPA), and the 21st Century Cures Act – Information Blocking Rule. In addition, Lena advises clients on 340B Program compliance, Medicare and Medicaid program compliance, and fraud and abuse laws. Lena also counsels health care clients on provider and facility licensing laws and scope-of-practice issues.

    Transactional

    Lena provides counsel to health care clients in transactions involving vendor contracting, clinical affiliations, joint ventures, and clinical service agreements. She also has experience assisting nonprofits in establishing funding agreements, confidentiality agreements, and in conducting due diligence of potential funding candidates.

    Lena is a Rappaport Fellowship Alumni, and previously worked in health policy and research at the Harvard School of Public Health in the areas of surgical safety improvement, medical liability reform, and in studies evaluating the Affordable Care Act.

  • Experience
    • Community Involvement

      Community Involvement

      Rappaport Center for Law and Public Policy
      Student Mentor, Fellowship Program

      Boston University School of Law
      Student Mentor, Health Law Mentorship Program

      Hartford Dress for Success
      Career Mentor
  • NEWS + PRESS
    • Publications

      Publications

      "Legal Considerations When Addressing Health Care Staffing Shortages," co-authored with Sapna K. Jain, published by the Society for Human Resource Management (SHRM) (5/23/2023)
      • » more info

        • Legal Considerations When Addressing Health Care Staffing Shortages

        "Legal Considerations When Addressing Health Care Staffing Shortages," co-authored by Sapna K. Jain and Yelena Greenberg, published by the Society for Human Resource Management (SHRM) (5/23/2023)

        Since the COVID-19 pandemic, significant numbers of healthcare workers have left the industry, leaving hospitals and health care systems between a rock and a hard place – having to continue patient care while maintaining compliance with state and federal health care regulations and, remaining financially solvent. In their article, the authors explore different strategies hospitals and health care systems have tried – including traveling nurses, internal staffing models and data driven targeted hiring and recruitment – and the health care and employment law implications of each. These challenges have forced hospitals and health care systems to adapt and innovate in order to succeed. Evaluating hospitals’ financial conditions and competing risks can help determine which approach is best.


      "Addressing COVID-Related Staffing Shortages," co-authored with Sapna K. Jain, published as part of the MBA Section Review of the Massachusetts Bar Association’s (MBA) eJournal (March/April)
      • » more info

        • Addressing COVID-Related Staffing Shortages

        "Addressing COVID-Related Staffing Shortages," co-authored by Yelena Greenberg and Sapna K. Jain, published as part of the MBA Section Review of the Massachusetts Bar Association’s (MBA) eJournal (March/April)

        The article points out that health care staffing continues to be a challenge for hospitals and health care system across the country due to staff burnout from COVID-19, among other issues, heavily limiting service lines and volumes of services hospitals are able to offer. Yelena and Sapna cover several, cost-effective, long-term solutions that support retention and recruitment of the hospital workforce. The article outlines strategies and key factors that may impact the effectiveness of these solutions.

      • View article

    • Presentations

      Presentations

      "Addressing COVID-Related Staffing Shortages: Strategies to Recruit and Retain Employees," co-presented with Sapna K. Jain, presented by the Massachusetts Bar Association (5/10/2023)
      • » more info

        • Addressing COVID-Related Staffing Shortages: Strategies to Recruit and Retain Employees

        "Addressing COVID-Related Staffing Shortages: Strategies to Recruit and Retain Employees," co-presented by Sapna K. Jain and Yelena Greenberg, presented by the Massachusetts Bar Association (5/10/2023)

        During the webinar, Yelena and Sapna covered different approaches hospitals and health care systems have taken to address staffing shortages and offered approaches from both a health law and employment law perspective, as both are critical to ensuring regulatory compliance.


      "Structuring Clinical Affiliation Agreements, Overview of Key Considerations and Recent Obstacles," an R+C-hosted Education webinar (6/22/2022)
      • » more info

        • Structuring Clinical Affiliation Agreements, Overview of Key Considerations and Recent Obstacles

        "Structuring Clinical Affiliation Agreements, Overview of Key Considerations and Recent Obstacles," presented by Yelena Greenberg, an R+C-hosted Education webinar (6/22/2022)

        The webinar offered a succinct overview of Clinical Affiliation Agreements between universities and health care providers, which Agreements are used to establish clinical internships and practicums for university students. It identified some key provisions for universities to consider when reviewing such Agreements, as well as approaches to negotiations that may help facilitate efficient review of these Agreements. The presentation concluded with a summary of recent challenges to establishing clinical placements and executing Clinical Affiliation Agreements.

        The presentation was designed to be useful for both schools and health care providers seeking to better understand the benefits of establishing a Clinical Affiliation Agreement to govern student internships, or that are considering how best to streamline their review processes to avoid lengthy negotiation.  


    • News

      R+C in the News

      • May 31, 2023

        Yelena Greenberg and Sapna Jain Co-Author SHRM Article on Strategies to Address Nursing Shortages

        • » more info

          Yelena Greenberg and Sapna Jain Co-Author SHRM Article on Strategies to Address Nursing Shortages

          Health Law Group lawyer Yelena Greenberg and Labor and Employment Group lawyer Sapna Jain co-authored the article, “Legal Considerations When Addressing Health Care Staffing Shortages,” published by the Society of Human Resource Management (SHRM) on May 23, 2023. Since the COVID-19 pandemic, significant numbers of healthcare workers have left the industry, leaving hospitals and health care systems between a rock and a hard place – having to continue patient care while maintaining compliance with state and federal health care regulations and, remaining financially solvent. In their article, the authors explore different strategies hospitals and health care systems have tried – including traveling nurses, internal staffing models and data driven targeted hiring and recruitment – and the health care and employment law implications of each. These challenges have forced hospitals and health care systems to adapt and innovate in order to succeed. Evaluating hospitals’ financial conditions and competing risks can help determine which approach is best. Read the article.

      • May 2, 2023

        Yelena Greenberg and Sapna Jain Co-Author Massachusetts Bar Association Article on COVID-Related Staffing Shortages

        • » more info

          Yelena Greenberg and Sapna Jain Co-Author Massachusetts Bar Association Article on COVID-Related Staffing Shortages

          Health Law Group lawyer Yelena Greenberg and Labor and Employment Group lawyer Sapna Jain co-authored the article, “Addressing COVID-Related Staffing Shortages,” published as part of the MBA Section Review in the March/April issue of the Massachusetts Bar Association’s (MBA) eJournal. The article points out that health care staffing continues to be a challenge for hospitals and health care system across the country due to staff burnout from COVID-19, among other issues, heavily limiting service lines and volumes of services hospitals are able to offer. Yelena and Sapna cover several, cost-effective, long-term solutions that support retention and recruitment of the hospital workforce. The article outlines strategies and key factors that may impact the effectiveness of these solutions. Yelena and Sapna will also be presenting an informative webinar by the same name hosted by the MBA on May 10, 2023. Read the full article.

        • View article
    • Legal Updates/Newsletters

      Legal Updates/Newsletters

      "Health Law Diagnosis - Connecticut Expands Nurse Protections Relating to Hospital Nurse Staffing Plans, Scope of Practice, and Overtime" co-authored with Conor O. Duffy and Ivy K. Miller (8/9/23)

      "Health Law Diagnosis - Connecticut Places Checks on PBM Contracts in Support of 340B Covered Entities" co-authored with Ivy K. Miller (7/13/23)

      "Health Law Diagnosis - OIG Compliance Updates" (4/26/2023)

      "Clinical ColLABorative - Legal Insights in Laboratory Compliance" co-authored with Edward J. Heath, Kathryn M. Rattigan and Danielle H. Tangorre (7/14/2022)