Russell E. Barnwell, P.C.

Russ Barnwell counsels preeminent corporate healthcare players: 

from hospitals and health systems
to MedTech startups and digital health companies
to physicians and nurse practitioners—
and all stripe and manner of industry participant in between. 

His practice is broadly focused on the regulatory exigencies of the healthcare economy: 

Russ guides clients along the labyrinth of applicable laws and regulations—whether newly proposed or in vivo, mundane or Kafkaesque; 

He drafts and negotiates key documents when clients traverse enterprise-defining transactions; and 

He takes the helm when clients find themselves caught in administrative headwinds and regulatory riptides. 

Upon graduating from the University of Chicago Law School and passing the New York Bar Exam in 2017, Russ began his practice at the Manhattan office of Ropes & Gray, where he trained under the nation's leading healthcare attorneys.  After returning to Alabama in 2020 and practicing with the healthcare group of a local law firm, he founded his own firm in 2022 to provide concierge review, analysis and guidance through a nimbler and more cost-effective platform than has traditionally been made available to corporate healthcare clients.

His practice and representative matters include: 

• Transactions & Corporate Governance.  

  • • Managing corporate and regulatory components of transactions and business arrangements, including mergers, acquisitions and joint ventures (inclusive of conducting diligence and regulatory filings, as well as drafting deal documents and agreements) 

    • Drafting and negotiating documents governing the flow of sensitive data and protected health information ("PHI"), including Business Associate Agreements ("BAAs") and Subcontractor BAAs, Data Use Agreements, Master Service Agreements and Software Licensing and SaaS Agreements

    • Drafting and negotiating various commercial contracts between vendors and healthcare providers, as well as services and employment arrangements between and among healthcare organizations, physicians and advanced practice providers

    • Advising boards of directors, members, managers, corporate officers, investors and underwriters on matters of legal and regulatory compliance—including with respect to healthcare transactions and securities offerings—as well as the concomitant corporate actions required for a variety of for-profit and not-for-profit entity forms

    • Drafting, reviewing and updating corporate bylaws, operating agreements, policies and procedures, as well as website privacy policies and other business policies and documents

• Government Enforcement Actions & Regulatory Incidents and Investigations.  

  • • Managing HIPAA breach incident response and reporting, both in the context of breaches by covered entities, as well as breaches by business associates, vendors and third parties

    • Conducting and managing regulatory investigations, compliance reviews and audits, including, as appropriate, working on behalf of clients with governmental authorities such as the Federal Bureau of Investigation ("FBI"), the U.S. Department of Justice ("DOJ") and the Office of Inspector General for the U.S. Department of Health and Human Services ("HHS-OIG") (inclusive of both formal regulatory responses and informal presentations and conferences)

• Legal and Regulatory Compliance & Business Strategy.  

  • • Advising clients regarding federal and state laws and regulations governing the healthcare industry, including those relating to facility and professional licensure; payment models; billing and coding; privacy, data and cybersecurity; operational requirements; and fraud, waste and abuse

    • Advising clients regarding HIPAA compliance, as well as compliance with the federal prohibition on information blocking and other laws and regulations on sensitive data (inclusive of drafting and updating key regulatory documents, e.g., patient authorizations; notices of privacy practices; OHCA and HIE documentation) 

    • Advising clients on the ever-developing legal and regulatory landscape, including drafting and submitting regulatory correspondence and commentary on behalf of clients

    • Working with clients and their advisors to determine strategic regulatory risks and advantages associated with business models, market entries and transaction structures

Education:  

J.D., The University of Chicago Law School, 2017; Law Students Association (Vice President & Representative); D'Angelo Law Library Advisory Board

B.A. (English & Political Science), summa cum laude, Huntingdon College, 2013; Margaret Read Scholarship Medal; Omicron Delta Kappa (President); Scholar in Public Service Award

Bar Admissions: 

Alabama, New York

Professional Memberships & Civic Involvement: 

Leadership Council on Legal Diversity ("LCLD"), Pathfinder Fellow

Alabama State Bar - Health Law Section

Empire State Counsel (awarded for pro bono legal services in the State of New York)

Areas of Interest:

Privacy, Data & Cybersecurity

Federal Healthcare Programs

Federal Regulatory Compliance 

Provider Remuneration

Value-Based Care

Whole-Person Healthcare

Healthcare, Federalism and the U.S. Constitution