Bio
Frank J. Fanshawe, partner with Lippes Mathias, focuses his practice on government relations, health care law, and privacy and data security. He has nearly 30 years of experience, including over a decade in a role as a legal, government relations, and policy counsel with a nationally recognized health insurer.
Mr. Fanshawe previously served as a senior advisor to the New York State Senate Health Committee chair on legislative and public policy issues in connection with New York's deregulation of the hospital payment methodology system (Health Care Reform Act) and other major health care initiatives. He also practiced law with other law firms, where he represented hospitals, medical groups, independent practice associations, physician organizations, home health agencies, and other health care providers.
Government Relations
Mr. Fanshawe is an experienced government relations and advocacy attorney who represents clients before the New York State Legislature, government agencies (particularly the Department of Health and the Department of Financial Services), and the Governor’s Office. Working collaboratively with government agencies, he is skilled at helping clients position themselves to receive favorable outcomes and guiding clients through complex government approval processes. He also develops strategies and guides not-for-profit clients on their requests for government funding.
Privacy & Data Security
Mr. Fanshawe regularly counsels clients on a wide range of cybersecurity and data privacy scenarios, including those involving HIPAA/HITECH compliance. He has successfully resolved numerous data breach situations, where he has counseled and advised clients on their HIPAA/HITECH and other breach response obligations. In these situations, Mr. Fanshawe works with his clients to preserve information; identify the nature and scope of the breach; assess compliance obligations; develop notification communications; report to regulatory authorities, when required; and counsel clients on messaging, logistical support systems, and other measures to help ensure minimal impact to affected individuals and the clients’ image. He also has successfully resolved numerous data breach investigations by the United States Department of Health and Human Services and state regulators.
Corporate Governance and Compliance
Mr. Fanshawe’s in-house experience as a chief compliance officer in the health insurance industry provides him with a distinctive business and operational perspective that leads to sound governance and compliance results that work in real business settings. He counsels boards of directors on governance issues and fiduciary duties. Mr. Fanshawe also works with clients to develop and implement corporate compliance plans, including drafting policies and procedures, directing workforce training, and auditing and monitoring programs.
Health Care Law Counsel
Mr. Fanshawe has served as a trusted advisor to practitioners, boards of directors, CEOs, and other C-suite executives to help clients thrive in the complex health care delivery and reform environment. He works with them to develop and improve their regulatory operations in ways that align with their business objectives. Mr. Fanshawe counsels clients to successfully navigate the intricacies of fraud and abuse laws and regulations, helps them develop strategies to operate within the complexities of the HIPAA and HITECH regulatory framework, and works with them to obtain state licensure and certification.
Commercial Contracts and Joint Ventures
Mr. Fanshawe negotiates major contractual arrangements and joint ventures among providers and between providers and managed care entities, including integrated delivery systems and accountable care organizations. He also assists clients with the regulatory and transactional aspects of joint ventures, mergers and acquisitions, and other strategic arrangements.
Articles & Publications
- Co-author, "New York Poised to More Actively Regulate the Pet Insurance Market," August 15, 2024
- Co-author, “New York Enacts New Requirements for Independent Contractor Relationships,” July 29, 2024
- Author, "US Supreme Court Limits Deference to Federal Agency Action," July 1, 2024
- Co-author, "HHS Issues Final Rule to Expand Discrimination Prohibition in Health Care Serivices," May 17, 2024
- Author, "OMIG to Adopt New Fraud, Waste and Abuse Prevention Requirements," July 13, 2022
- Co-author, "New COBRA Coverage Obligations for Employers," April 28, 2021
- Author, “Business Associate Definition Expanded and HHS Empowered to Impose New Civil Fines,” September 2013
- Author, “Affordable Care Act: Summary of Benefits and Coverage Required for Group Health Plans, Health Insurance Issuers and Third-Party Administrators,” September 2013
- Author, “2014 Business Operations Determine How the Employer Mandate Applies in 2015,” September 2013
- Author, “Omnibus HIPAA/HITECH Rules Require Changes to Notice of Privacy Practices Prior to September 23, 2013," September 2013
- Author, “Affordable Care Act: The Small Business Health Options Program Marketplace,” August 2013
- Author, “U.S. Department of Health and Human Services Imposes $1.2 Million Penalty For Protected Health Information Breach Involving Leased Copiers: HIPAA Breach Involving Leased Copiers leads to Fines for NYC Health Plan," August 2013
- Author, “Affordable Care Act Prohibits Extra Health Insurance Benefits for Executives,” August 2013
- Author, “New Notice Requirements under the Affordable Care Act,” August 2013
Related Content
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Articles
Hospital Administrators – Is Your Hospital Cyber-Secure?
November 6, 2024
In The news
Frank J. Fanshawe Quoted in Rochester Business Journal Article Discussing Health Data Security
September 3, 2024
Articles
New York Poised to More Actively Regulate the Pet Insurance Market
August 15, 2024
Press Releases
86 Lippes Mathias Attorneys Recognized in the 2025 Edition of "The Best Lawyers in America©"
August 15, 2024
Client Alerts
New York Enacts New Requirements for Independent Contractor Relationships
July 29, 2024
Client Alerts
US Supreme Court Limits Deference to Federal Agency Action
July 1, 2024
Articles
HHS Issues Final Rule to Expand Discrimination Prohibition in Health Care Services
May 17, 2024
Press Releases
69 Lippes Mathias Attorneys Recognized in the 2024 Edition of "The Best Lawyers in America©"
August 17, 2023