Jennifer Downs Burgar

Partner

Fax: 404.873.8195
Atlanta
171 17th Street NW
Suite 2100
Atlanta, Georgia 30363

Biography

Jenny is a partner in the Healthcare practice and the Food & Drug practice. She co-chairs AGG’s Post-Acute & Long-Term Care industry team and is an active member of the firm’s Hospitals & Health Systems team and Pharmaceuticals & Biologics team.

Jenny’s healthcare practice focuses on the representation of hospitals, post-acute providers and ancillary providers in regulatory compliance matters, government investigations and self-disclosures, and regulatory diligence, with a particular focus on advising private equity investors. She also advises clients on HIPAA compliance, state licensure and permit matters, conditions of participation and reimbursement issues, and operational contracting.

Jenny’s FDA practice focuses on the representation of manufacturers and industry partners in compliance program development and implementation, healthcare regulatory compliance, structuring relationships with healthcare professionals, government investigations and defense, and compliance with the federal and state “Sunshine” laws. She also provides assistance with internal training of sales force members on compliance matters.

Experience

  • Represented a private equity client in its acquisition of a leading national provider of business support services to 350 dental offices in 17 states. AGG’s team worked to deliver regulatory diligence and transaction regulatory support, as well as credit facility-driven post-transaction regulatory work.

  • Assist healthcare provider clients with investigations and responses to HIPAA breaches.

  • Advised private equity investor clients in diligence and regulatory issues related to acquisitions of healthcare providers and industry partners, including behavioral health providers, physical therapy providers, healthcare IT vendors, a dental practice management company, physician management companies, and dermatology practices. Representation includes diligence, working with corporate counsel to address risks and representations in deal documents, and interfacing with lenders and underwriters for rep and warrant insurance.

  • Advised health system on regulatory compliance issues related to innovative, long-term arrangement with a vendor; sought OIG Advisory Opinion to address the novel relationship.

  • Provide practical and straightforward advice on operational issues.

  • Represent clients in government investigations and responses to government audits and inquiries related to fraud and abuse matters and reimbursement matters.

  • Advised clients in compliance analyses and internal investigations, including making resulting self-disclosures to the Centers for Medicare and Medicaid Services and the Office of Inspector General for matters involving Stark or Anti-Kickback issues, as well as repayments to MACs for billing and reimbursement matters.

  • Assist clients with development of compliance programs; conduct related gap analyses and risk assessments and provide compliance program training.

  • Advised a private equity client on its acquisition of a national operator of more than 100 outpatient physical therapy clinics with a strong presence in the Southeast. AGG’s role included healthcare regulatory diligence, regulatory input for the transaction documents, and interfacing with lender counsel and reps and warranties underwriters.

  • Assistance in structuring 15-year agreement with imaging equipment vendor and seeking OI6 advisory opinion in light of discount and risk components of arrangement.

Credentials

  • Vanderbilt University Law School, Juris Doctor
  • University of Tennessee, Bachelor of Arts
    • Phi Beta Kappa
  • State of Georgia 2003
  • State of Mississippi 1999
    • American Health Lawyers Association
    • Healthcare Financial Management Association
    • Medical Group Management Association

Recognition

  • Best Lawyers in America (Healthcare Law), 2015-21
  • The International Who’s Who of Life Sciences Lawyers (Regulatory chapter), 2016-17, 2019
  • “Rising Star,” Georgia Super Lawyers, 2005, 2009-14

News & Insights