Joel K. Goloskie is a Partner with Pannone Lopes Devereaux & O’Gara LLC. Repeatedly named by Best Lawyers® as a Best Lawyer in Healthcare in the competitive Boston market, Attorney Goloskie has spent the past 25 years guiding clients at the leading edge of innovation and opportunity.
Recognizing decades ago that data would take a central role not just in healthcare but in the global economy, he now serves as regulatory and privacy counsel to numerous cloud-based IT platforms, ranging from the largest healthcare technology company in the U.S., to a rapidly-growing multinational with multiple foreign subsidiaries and offices in eighteen countries. Moreover, with the reasonable overhead structure of a high-quality boutique law firm, Attorney Goloskie is able to offer a rate-structure that is far more viable for PE-funded start-ups and growth companies.
As commerce goes increasingly global, SaaS platforms, medical device manufacturers, and other technology companies represent the future of U.S. competitiveness abroad. American brands in these fields hold valuable cache in the international market, and bring tremendous revenue opportunities. However, this opportunity comes amidst a growing proliferation of national and multinational privacy and regulatory regimes.
From GDPR in the European Union to strict new privacy laws in countries like China and India, or South Korea’s new law on Regenerative Medicine and Advanced Biological Products, overseas opportunities depend like never before on compliance with an array of laws and regulations regarding operational areas ranging from data use and cross-border transfers, to security practices and privacy rights notices, to detailed regulatory contract addenda. Attorney Goloskie guides clients through these and other international regulatory thickets, helping to find pathways to profitability through the complexities of the law.
Attorney Goloskie’s focus on data privacy, utilization and monetization began with the implementation of HIPAA, and has grown domestically to include state-specific laws like California’s CCPA, and the pending American Data Privacy and Protection Act (“ADPPA”), now making its way through Congress. ADPPA will bring a HIPAA-like focus on data privacy and security to large swathes of the American economy. Leading a strong team of partners and associates, Attorney Goloskie is well-equipped to ensure that clients in every industry are prepared for the challenges ADPPA will bring.
At the same time, Attorney Goloskie continues to draw upon his deep background in the world of “traditional” healthcare, whether representing providers with Certificate of Need or Change in Effective Control applications, or helping healthcare providers and SaaS platforms develop innovative business models amenable to private equity investment. Similarly, he continues an active practice of defending physicians and practitioners before licensure boards, and in defending institutional providers charged with healthcare fraud and abuse violations under federal and state laws such as the False Claims Act.
Complex litigation remains a core part of Attorney Goloskie’s practice, for clients ranging from providers and healthcare supply-chain distributors, to large construction companies. He has successfully litigated matters in courts up to and including the Federal Circuit. Fueling his passion for contested matters, Attorney Goloskie was previously a Captain in the U.S. Air Force, flying in combat and serving as an Instructor/Evaluator Special Operations Navigator on C-130 and C-141 aircraft.
Attorney Goloskie received a J.D. from Boston College Law School, an M.B.A. from Webster University, and a B.S. from Thomas College. He is licensed to practice in Massachusetts and Rhode Island.
- Rhode Island
Honors and Awards
- Best Lawyers in America
- Boston College Law School, Boston, Massachusetts
- Webster University
- Thomas College
- Major: Marketing-Management
Professional Associations and Memberships
- Rhode Island Bar Association, Member
- Boston Bar Association, Member
Pro Bono Activities
- Health Care Compliance Association, Member
- American College of Healthcare Executives, Member
- Quality Care & Patient Trust vs. Healthcare Data Breaches: Analyzing the Cost of Data Breaches, Opal Group Healthcare IT & Analytics Summit
- Making a Case: Reforming Prison Opioid Treatment Standards, Mulling it Over with Bob Houghtaling (Podcast)
- Healthcare General Counsels’ Forum – “Unintended Consequences” (with 12 General Counsels from greater-Boston area), Boston Bar Association
- Current Medicaid Issues (with former General Counsel of CMS), Boston Bar Association
- Immigration Issues in Healthcare (with co-panelist now seen regularly on national TV news programs), Boston Bar Association
- Healthcare General Counsels’ Forum – “The Future of Risk” (with 12 General Counsels form greater-Boston area), Boston Bar Association
- Medicare Hot Topics (with lead enforcement attorney and lead auditor from OIG Region 1), Boston Bar Association
- GDPR for Data Security Professionals, Compass IT Security Webcast Series
- Trends in Data Privacy and Security, Association of Independent Colleges & Universities
- Data Security and Cyber-Insurance, Compass IT Security Annual Summit
- “Meaningful Use” – The Electronic Health Records Incentive Program, Boston Bar Association
- Other programs for Boston Bar Association and others
- Facilitated $100 million capital infusion into non-profit hospital system by investor group: created new for-profit health care system with shared ownership by for-profit capital partner and non-profit community board. Transaction entailed a 56-page closing checklist.
- Serves as HIPAA Compliance Counsel to the nation’s largest cloud-based analytics platform, housing medical data pertaining to over 230 million Americans and 30 billion medical events.
- Built/upgraded Regulatory and HIPAA Compliance Programs and advised clients on related issues for nearly 20 years – from HHS’ first publication of Compliance Program Guidance in 1998 to recent development of integrated Legal, Compliance and Ethics departments, processes and training programs for newly-integrated multi-hospital system.
- Assists full range of medical and behavioral health providers in reimbursement disputes with governmental and third-party payors. Recovered over $40 million in Medicare/Medicaid reimbursement for 60 hospital in 15 states.
- Assisted federal court-appointed monitors in overseeing implementation of hospital’s Compliance and Ethics programs as part of second-in-nation Deferred Prosecution Agreement between hospital and U.S. Attorney’s Office.
- Prevailed in appeal of $6 million “use and occupancy” award in the U.S. Court of Appeals for the First Circuit. Established new legal threshold for test of unjust enrichment.
- Represented 12 Massachusetts and Rhode Island developmental disability providers in federal court action, led to state agency agreement with providers that avoided future funding cuts.
- Developed and actively guiding growth of leading-edge multi-state medical franchise system. Lucrative business model provides alternative for physicians dissatisfied with 7-minute patient encounters, increased centralization and labyrinthine external compensation metrics.
- Developing dental management services organization in high-end, full-service niche of market. Experience with dental recruiting services (both new grads and near-retirees) creating a strategic advantage for both site placement and staffing. Targeting niche unserved by national chains.
- Guiding growth of integrated care institute in New York and Southeast New England; helping establish locations, assemble academic and practitioner staff, create contractual structures, etc.
- Supporting expansion of opioid treatment center into innovative, reimbursable service lines; building model that can be replicated nationally to respond to exploding national epidemic.
- Assisting the ACA-fueled growth of a federally-qualified health center from a community clinic into the largest provider of primary and specialty services in New England’s third-largest city. Building Compliance and Privacy program consistent with growth of enterprise.
- Advising NYC-based health care consulting firm on fraud and abuse aspects of pharmaceutical clients’ providing co-pay cards for both the underlying drug and related administration services.
- Created collaborative of four rural hospitals and three federally-qualified health centers, obtained 501(c)(3) status and multiple grants, including from Robert Wood Johnson Foundation; served as executive director for first year until growth required hiring of full-time director.
- Represented seller of home care agency in seven-digit transaction complicated by fact that buyer was international corporation with foreign headquarters.
- Advised client on complex fraud and abuse aspects of sale of partial ownership interest in Medicare-participating provider to physicians and other investors.
- Counselled several Florida-based entities on significant fraud and abuse exposure related to the provision of marketing services for federally-funded health care entities.
- Guiding data analytics start-up through initial phases of formation, client acquisition, funding strategies. Advising client on differentiation; CEO presenting at various forums including TEDx.
- Positioned ambulance company owner to obtain sentence one-third below federal minimum sentencing guideline, despite federal court finding client guilty of obstructing a federal audit, making false statements and two counts of health care fraud.
- Developed defense of orthotics supply company owner that led state Medicaid Fraud Unit to drop criminal charges despite client’s partner having been convicted and agreeing to testify in client’s trial.
- Represented numerous organizational and individual clients before federal and state regulatory bodies, ranging from Equal Employment Opportunity Commission to boards of professional licensure and discipline.
- Cybersecurity Enforcement Risks For ERISA Plan Sponsors
- Danger Lurks with Incentive-Based Sales Strategies for Health IT Platforms
- Health care lawyer facilitates novel solutions to opioid crisis
- Why Cyber Insurance is Not Enough
- Health Law Case Brief: “But What Does it Mean?” – An Analysis of Douglas v. Independent Living Centers of Southern California, Inc.
- The Real Risk Of GDPR Non-Compliance In Your Organization
- The Danger Of A WISP
- Opting Out: The Ultimate MACRA Alternative
- Medical Franchising: A Practice Model for the Millennium
- Project Nightingale and the Take-Away Lesson for Providers And Payors
- Companies lagging in GDPR compliance, survey finds, Massachusetts Lawyers Weekly Interview
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