Michael R. Costa - KSL Law Firm

25-Year Corporate Regulatory and Transactional Healthcare Counsel

Michael Costa is Of Counsel with our firm. He has over 25 years of experience in providing comprehensive legal and business advice to a range of health care entities on matters including mergers and acquisitions, regulatory and licensure matters, drafting and negotiation of contracts and leases, litigation oversight and management, as well as advice regarding operational issues, strategic planning and general corporate matters. Michael serves as General Counsel to NVISION®, leading its Legal Department. He also serves Hamil Little’s clients in his role of counsel to our firm, representing physicians, physician groups, medical practices and various closely-held healthcare businesses.

Michael possesses deep experience as a healthcare lawyer. Previously, he served as EVP & General Counsel to the Center for Autism and Related Disorders (CARD) which is a Blackstone-backed portfolio company and among the world’s largest autism treatment providers with over 260 locations in 33 states, South Africa, and Thailand and the third largest non-governmental organization in the United States contributing to autism research. Immediately prior to CARD, Michael served as EVP & General Counsel at American Renal which was the 3rd largest publicly-traded dialysis provider in the United States with over 245 clinics operating in 29 states and the District of Columbia with over 5,000 employees.

Michael also practiced law at Greenberg & Traurig LLP, is one of the largest and most elite law firms in the United States as well as two other Boston-based health care boutique law firms.

Michael earned his J.D. from Suffolk University Law School, his MPH from the Boston University School of Public Health and his B.S. from Roger Williams University.

Speaking & Publications

“CMS Publishes RFI on ACA Essential Health Benefits” Hooper Lundy Health Care Alert- December 5, 2022.
“DHHS Proposes Rule to Align 42 CFR Part 2 and HIPAA” Hooper Lundy Health Care Alert- December 3, 2022.
“Telemedicine 2023 Updates- Top Ten Healthcare Issues”– American Health Lawyers Association- December 1, 2022.
“Will SCOTUS Reexamine the Rights of Providers and Medicaid Beneficiaries to Access Federal Courts” Hooper Lundy Health Care Alert- November 8, 2022.
“DOJ announces far-reaching guidance on corporate criminal enforcement”– Reuters Legal- October 14, 2022.
“A Candid Discussion of General Counsel Compensation Trends”– (Nixon Peabody conference presenter- February 4, 2015, Boston, MA).
“3rd Annual Corporate Counsel Institute”- (Suffolk University Law School- September 19, 2014, Boston, MA).
“15^th Annual Hospital & Health Law Conference”– (Massachusetts Continuing Legal Education, May 16, 2014, Boston, MA).
“In-House Counsel Technology Use”– (2nd Annual Corporate Counsel Institute, Suffolk University Law School, October 4, 2013, Boston, MA).
“Ethical and Business Issues for the Physical Therapist”– (New England Physical Therapy Network- Quarterly meeting, June 22, 2010, Wellesley, MA).
“Update on National Dialysis Chains and National Practices”– (7^th Annual Business & Legal Issues in Dialysis & Nephrology Symposium, May 13, 2009, Chicago, IL).
“Regulatory Compliance Issues for Physical Therapy” (American Physical Therapy Association (Private Practice Section), October 7, 2008, Needham, Massachusetts).
“An Update on Complex Legal Issues in Pay-For-Performance” (The 5th Annual World Congress Leadership Summit on Healthcare Quality and Pay-for-Performance, Boston, MA , August 6, 2007).
“Health law changes vex contract labor shops” (Boston Business Journal – March 23, 2007)
Legal Obstacles to Successful Implementation” Massachusetts Medical Law Report (Vol. 1, No. 5, Winter 2006).
“An Overview of State Privacy Laws and Preemption Issues Under HIPAA” (13^th National HIPAA Summit: Leadership Forum on Healthcare EDI, Privacy, Confidentiality, Data Security and HIPAA Compliance, Washington, DC, September 25, 2006).
“An Outline of Basic Legal Issues in Pay-for-Performance and Understanding the New AMA Principles and Guidelines for Pay-for-Performance Programs” (4^th Annual World Health Congress Leadership Summit on Healthcare Quality and Pay-for-Performance- Boston, MA, August 8, 2006).
“An Act Providing Access to Affordable, Quality, Accountable Health Care”: An Outline of the New Massachusetts Health Insurance Legislation and its Effects on Employers. GT Alert, April 25, 2006.
“Financial Incentives and Legal Issues: Understanding the New AMA Principles and Guidelines for Pay for Performance Programs- A Legal Interpretation” (National Pay for Performance Summit- Los Angeles, CA, February 7, 2006- Hyatt Regency Century Plaza Hotel)
“Understanding the Legal Implications of Direct Access”(2005 PPS Annual Conference and Expo-Phoenix, Arizona , October 28, 2005 – Arizona Biltmore Spa & Resort)
How to Understand and Evaluate Manage Care Contracts (4^th Annual Network Contract Optimization Conference- Orlando, Florida- October 27, 2005- Disney Contemporary Resort)
Current Medicare Compliance Issues in Physical Therapy (Advance for Directors in Rehabilitation, October 2005 edition)
A Detailed Explanation of Medicare Pay-For-Performance Rules (Presentation at Primary Care, LLC Annual Conference- September 27, 2005)
2005 Pharmacy Legislative Initiatives: Understanding Current and Proposed State and Federal Laws Effecting Pharmacy Providers (Presentation before the Northeastern University School of Pharmacy Continuing Education Program- August 18, 2005)
Medical Records Law in Massachusetts/HIPAA Update (Lorman Conference, Taunton, MA, May 10, 2005)
Managed Care Contracting Techniques (World Research Group, Network Optimization Conference, Las Vegas, Nevada, March 29-30, 2005)
Medicare Billing and Compliance Update for Physical Therapists (New England Physical Therapy Network- Waltham, MA, March 11, 2005)
An Understanding of Massachusetts Medical Record Law (Lorman Conference, Peabody, MA, January 18, 2005)
An Understanding of Current Medicare Compliance Issues in Physical Therapy (Presentation at the PPS Annual Conference and Exposition, Colorado Springs, CO November 3, 2004)
The Impact of the Medicare Modernization Act (Presentation at 2^nd Annual Network Contract Optimization Conference, Las Vegas, NV, March 2004)
Regulatory and Design Issues for an Effective Physician Practice Compliance Program (Author of book chapter- Physician Practice Management, Medical Group Management Association, February 2004)
Medicare Electronic Claims Submissions Rule Took Effect In October (Massachusetts Bar Association- Section Review, Vol. 6, No. 1 2003).
Health Law Update on Massachusetts Pharmacy Law (Presentation before Massachusetts College of Pharmacy and Health Sciences- November 21, 2003).
HIPAA: “Where are We Now? Where Are We Going?” (Primary Care, LLC Fall Forum Trade Show, September 30, 2003).
HIPAA Compliance Creates Ongoing Challenge (Lawyers Weekly USA, September 1, 2003).
Understanding HIPAA’s Impact on Nurses (Presentation before the American Association of Office Nurses, July 23, 2003).
HIPAA Designed to Protect Privacy of Medical Records (Structured Settlements, 2^nd Issue, July 2003)
Negotiations Beginning in Tufts, Partners Care Deal (quoted in Boston Business Journal, May 16, 2003).
HIPAA Final Security Regulations Announced (Massachusetts Bar Journal, Vol. 5, No. 2 2003)
HIPAA’s Enforcement (Boston Business Journal, May 9, 2003).
HIPAA Locks the Gate- Lawyers, Health Care Providers Get Ready to Tighten Patient Privacy Rules this Month (Massachusetts Bar Journal- May 5, 2003).
Lawyers Must Alter Practices to Conform With HIPAA (Lawyers Weekly USA, April 14, 2003)
Drug Purchasing Coalitions (Product Management Today, March 2003)
How to Develop an Effective Corporate HIPAA Compliance Program (Lead Presenter- Sixth National HIPAA Summit- Washington, D.C. , March 28, 2003)
Far-reaching HIPAA leaves area law firms scrambling (Boston Business Journal- March 14, 2003)
Law Firms Offer Health Care Compliance Software (Boston Business Journal- February 17, 2003)
U.S. Court of Appeals Strikes Down Healthy Maine Prescription Program (Product Management Today- January 2003).
Understanding HIPAA and its Impact on Healthcare Providers: For the Beginner and Expert (Presentation before Massachusetts Bar Association- December 11, 2002).
Implementation of New Medicare Appeals Procedures Delayed (For the Record- December 2, 2002).
Biotechs Must Pay Attention to Some HIPAA Regulations (Boston Business Journal- October 25, 2002).
The Effect of HIPAA Privacy Rules on Personal Medical Records (Journal of Compensation and Benefits, July/August 2002, Vol. 18, No. 4).
HIPAA Extension Still Available- Get it While You Can (BNA Health Plan & Provider, Vol. 8, No. 37, September 18, 2002).
Understanding HIPAA’s Impact on Physical Therapists (Presentation before the New England Physical Therapy Network, September 20, 2002).
Health Care Administration (Author- Hospital Compliance Chapter, Third Edition, Aspen Publications).
Legal Challenge to Reductions in Medicaid Payments Could Advert Anticipated Closures of Massachusetts Skilled Nursing Facilities (Boston Bar Association Journal- Summer 2002).
Student Protests- Is the National Resident Matching Program in Violation of Antitrust Laws? (Lead author, Medical Crossfire, Vol. 4, No. 7, July 15, 2002).
Legal Challenge to Reductions in Medicaid Payments Could Avert Anticipated Closures of Massachusetts Skilled Nursing Facilities (Boston Bar Journal- Summer 2002)
As HIPAA Deadline Looms, Extensions Gain Attention (Boston Business Journal- July 19, 2002)
An Overview of the Final Report of the Massachusetts Health Care Task Force (Massachusetts Bar Journal- Summer 2002)
Improving the Medicare Appeals Process- Will BIPA Accomplish its Goals? (Medical Crossfire- Vol. 4, No. 5, May 15, 2002)
Health Care Benefits Law (Authored Chapter on Medicare Secondary Payer Program and HIPAA Privacy Regulations- May 2002)
“Income First” Method for Calculating Medicaid Eligibility Upheld by United States Supreme Court (Boston Bar Association Health Law Section Journal- Spring 2002)
Health Risk: The Rescue of Ailing Deaconess- Waltham Hospital (Quoted in- Boston Business Journal- April 19, 2002)
Tackling the HIPAA Giant- There May Be Strength in Numbers (Lead Article- TIPPS in Managed Care, Vol. 6, No. 1, March/April 2002))
Hub Trails Nation in Medicare (Quoted in- Boston Business Journal- March 15, 2002)
HIPAA: Countdown to Compliance (Mass HighTech Magazine, March 11, 2002)
MBA Health Law Update 2002: Challenging Issues for Health Law Attorneys and Their Clients (Presentation before the Massachusetts Bar Association- Topic: Physician Reimbursement Issues in 2002, Boston, MA, March 1, 2002)
The Effect of HIPAA on Paper-Based Medical Records (For the Record, March 2002)
Physician/Hospital Joint Ventures (Presentation before the Boston Bar Association- February 14, 2002)
New Health Insurance Regs Come at a Cost (Massachusetts Lawyers Weekly- January 14, 2002)
Hospitals Say AG Probing Medical Ties (Lead Article- Boston Globe- January 11, 2002)
Helping Physicians Navigate the Stark Physician Self-Referral Rules (Physicians’ Financial News- February 2002)
Suit Targets Nursing Home Medicaid Payments (Quoted in- Boston Business Journal- December 20, 2001)
A Report on Chapter 141 (the “Patients Bill of Rights”): One Year Under Our Belt- Are Consumers Any Better Off? (Massachusetts Bar Journal- Volume 4, Number 4 Fall 2001)
A Report on Health Care Reform: A One-Year Experience of Chapter 141 of the Acts of 2000: “Managed Care Reform Act” (Lead Presenter at Annual Health Care Law Conference- November 29, 2001)
The Health Insurance Portability and Accountability Act of 1996- Understanding the Final Health Privacy Regulations (Authored complete chapter in Health Care Benefits Law- Law Journal Press- November 2001)
An Overview of HIPAA for Rehabilitation Specialists (Presentation before the Annual Conference of the New Hampshire Rehabilitation Association- November 8, 2001)
Recent Updates in Massachusetts Pharmacy Law (Presentation before the Massachusetts College of Pharmacy and Health Sciences- October 24, 2001, November 18, 2001 and December 15, 2001)
Patients’ Bill of Rights Legislation (Journal of Compensation and Benefits- Volume 17, No. 5- September/October 2001)
An Overview and Analysis of the New Health Insurance Consumer Protection Regulations: A Victory for Patients, But at What Cost? (Massachusetts Bar Journal- Volume 3, Number 3 Summer 2001)
Prevention Strategies in Managing Patients with Asthma & Understanding HIPAA and Its Impact on Pharmacy (Presentation before the Massachusetts College of Pharmacy and Health Sciences- July 31, 2001)
CEO’s firing raises questions about future of CareGroup (Quoted in- Boston Business Journal- July 27, 2001)
Hospitals say they Embrace new Disclosure Rules (Quoted in- Boston Business Journal- July 20, 2001)
Nursing Shortage Catches Attention of Lawmakers (Quoted in- Boston Business Journal- June 8, 2001)
Understanding HIPAA and its Impact on Freestanding and Hospital-Based Pharmacies (Presentation before the 26^th Annual Meeting of the Massachusetts Association of Health Systems Pharmacists- May 12, 2001)
HIPAA Compliance Can Help Preserve Your Company’s Health (Boston Business Journal- April 27, 2001)
Health Insurers Keep Mum as State Law Adds to Costs (quoted extensively as legal position to new Massachusetts regulation- Boston Business Journal- April 27, 2001)
The Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (Lead Article- Boston Bar Association Health Law Journal- March/April 2001)
The Final Stark II Regulations (Program Chair and Moderator, Presentation before the Massachusetts Bar Association, March 30, 2001)
A Step-by-Step Analysis of the Final Rules Governing Inpatient Rehabilitation Facilities (Presentation before the National Rehabilitation Association, March 9, 2001)
Understanding HIPPA and Its Impact on Health Care Providers (Program Chair, Presentation before the Massachusetts Bar Association, February 27, 2001)
Advising Health Care Clients on the Implications of the Medicare, Medicaid and SCHIP Benefits Improvement and Protection Act of 2000 (Program Chair- Presentation before the Massachusetts Bar Association, January 29, 2001)
Massachusetts Hospital Association, Corporate Compliance Series- Understanding and Complying with the new HIPAA privacy requirements (Presentation before the Massachusetts Hospital Association, January 25, 2001)
Advising Clients on the new Office of Inspector General Final Compliance Guidance for Individual Physician and Small Group Physician Practices (Presentation before the Boston Bar Association, October 31, 2000)
MBA Health Law Conference 2000 (Presentation before the Massachusetts Bar Association- Topic: Emerging Issues in E-Health and Telemedicine, Boston, MA, October 19, 2000)
The Impact of Harvard Pilgrim Healthcare’s Financial Woes on Hospital and Physician Medical Practice and Reimbursement (Presentation before Grand Physician Rounds – Deaconess-Waltham Hospital, Waltham, MA, June 15, 2000)
Advising Elders on Practical Aspects of Long Term Insurance Plans (Presentation before Bristol Elder Services, Fall River, MA, May 18, 2000)
Understanding and Advising Client’s on Medicare’s New Outpatient Prospective Payment System (Program Chair- Presentation before the Massachusetts Bar Association, May 9, 2000)
Current Reform in the Medicare Disproportionate Share Hospital Program. (Boston Bar Association, Health Law Section Newsletter, April./May 2000).
Recent Developments in Health Information Privacy (Program Chair- Presentation before the Massachusetts Bar Association, March 28, 2000).
What Lies Ahead for Health Care? (Program Chair- Presentation before Massachusetts Bar Association with Alan Sager, PhD and Rep. Harriett Chandler, House Chair, Joint Committee on Health Care- March 15, 2000).
Advising Health Care Clients on the Implications of the Balanced Budget Refinement Act of 1999 (Program Chair- Presentation before the Massachusetts Bar Association, February 9, 2000).
Coverage of Hospital Outpatient Services Under MassHealth When Those Services are Provided at a Site Other Than the Inpatient Campus (Co-Chair- Presentation before the Boston Bar Association (Health Law Section) November 22, 1999).
Compliance Issues Facing Skilled Nursing Facilities Under the Medicare Prospective Payment System, Featured Article (Boston Bar Association, Health Law Section Newsletter, Nov./Dec. 1999).
Hospital-Physician “Gainsharing” Agreements Prohibited By Federal Law, Healthcare Financial Management, Vol. XXVI, Number 9 (September, 1999).
Genetic Testing: International Strategies To Prevent Potential Discrimination in Insurance Risk Classification, Suffolk Transn’l L. Rev. Volume 20:1 (Winter 1996).
Impaired Drivers: A Physician’s Dilemma, Bulletin of Medical Licensure and Discipline, Summer 1995.