Contract Drafting & Negotiations
Although Paulette began her career as a trial attorney, she has developed a substantial contract drafting and negotiation practice over more than 25 years in healthcare. She has negotiated and drafted multi-million-dollar agreements for health plans, large IPAs, MSOs, vendors, healthcare systems, and healthcare providers, including inpatient behavioral health facilities and skilled nursing facilities.
Her experience includes agreements among IPAs, MSOs, skilled nursing facilities, providers, payors, vendors, and hospital systems, as well as complex arrangements involving healthcare operations, reimbursement, network participation, management services, and strategic business relationships. She works with clients to structure agreements that support their business objectives while addressing regulatory requirements, operational realities, financial considerations, and risk allocation.
She has always viewed the distinction between litigation and contract work as somewhat artificial.
Paulette explains it as follows:
In my experience, a deep understanding of contract drafting and deal structure makes one a better litigator, while litigation experience provides a heightened awareness of how agreements can create disputes, ambiguities, and unintended risks. The two disciplines are complementary. Understanding how agreements can fail in practice informs better drafting and negotiation, while understanding how agreements are constructed provides a stronger foundation for interpreting and resolving disputes when they arise. My approach is therefore informed not only by the deal a client wants to make, but also by how that agreement is likely to operate—and potentially be challenged—in the real world.
Below are a few sample representations:
- While at Rytes Company & Lichtman Law, between 2023 and 2026, in New Canaan, Connecticut, Paulette represented the following types of entities:
- Management Services Organization — Serviced an MSO with several provider groups that contract nationally with skilled nursing facilities, vendors, and suppliers, with contract drafting, contract management, and development and implementation of its contract management system.
- Remote Patient Monitoring (“RPM”) – Advised a company engaged in RPM and Chronic Care Management in contract negotiations with facilities and vendors.
- Skilled Nursing Facilities – Advised skilled nursing facilities in contract negotiations with vendors on compliance with the Anti-Kickback Statute and utilization of the “safe harbors,” when applicable, and negotiated, redlined, and finalized the arrangements to make certain they protected the client from both compliance and financial risk.
- Accountable Care Organization– Structured and helped to launch a CMS Accountable Care Organization in the long-term care space.
- While an Equity Partner at Bleakley Platt & Schmidt between 2019 and 2023 in White Plains, New York, Paulette represented the following clients:
- New York Innovator (IPA & MSO) – Advised SOMOS Innovation’s MSO in its implementation of various delegated functions (e.g., network contracting, claims payment processing, utilization management, care management, and network expansion) and provided services including contract negotiations, redlined and finalized contracts with payors in New York State and providers to expand the IPA network.
- Managed Care Contracting and Disputes – Led managed care contracting and dispute resolution for the firm, including assisting a commercial Laboratory in negotiating unique contracts with managed care companies during the Covid-19 pandemic. Also assisted a Westchester pediatric group affiliated with a major children’s hospital with regulatory issues with NYS DOH and disputes with government payors.
- Clinically Integrated Network (“CIN”) – Drafted and negotiated contracts with payors for the Pennsylvania Medical Society’s CIN.
- While a Contract Attorney at Epstein Becker & Green Advisors, between 2016 and 2019 in New York, New York, Paulette represented the following clients:
- Assisted a national provider operating behavioral health facilities in several states treating individuals with eating disorders. Negotiated and drafted for client over a dozen contracts with commercial and government payors in NY, FL, CA, OR, PA, and MA.
- While General Counsel at EverCare Choice, Inc, between 2016 and 2019, in Newburgh, New York, Paulette’s role was as:
- Chief legal advisor to CEO and Board for MLTC, CHHA, and adult care programs.
- Led contract negotiations, drafting, and strategy.
