Jennifer Downs Burgar
Partner
Suite 2100
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 Hospitals & Health Systems and Life Sciences teams.
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 the internal training of sales force members on compliance matters.
Related Services
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.
- Nine-Facility Portfolio Acquired in $110 Million Deal
- Clearside Biomedical – FDA Regulatory Review Helps Company in its Successful IPO
- Gryphon Investors – AGG Handles Healthcare Regulatory Issues in Acquisition of Outpatient Clinics
- Medicines360 – Framework Created to Distribute Birth Control Device in Sub-Saharan Africa
- Theratechnologies - AGG Handles Pressing Assignments in a Timely and Cost-Effective Manner
- Israeli Pharmaceutical Company - Public Listing Furthers Mission to Produce Highest Quality Life-saving Therapeutics
- Genesis HealthCare: AGG Assists in Acquiring Sun Healthcare Group to Form One of Largest Long-Term Care Providers in the Country
Credentials
- Vanderbilt University Law School, Juris Doctor
- University of Tennessee, Bachelor of Arts
- Phi Beta Kappa
- State of Georgia
- State of Mississippi
- American Health Lawyers Association
- Healthcare Financial Management Association
- Medical Group Management Association
Recognition
- Best Lawyers in America®, Healthcare Law, 2015-25
- Chambers USA: America’s Leading Lawyers, Healthcare, 2021-24
- The International Who’s Who of Life Sciences Lawyers (Regulatory Chapter), 2016-17, 2019
News & Insights
- NewsAGG Increases Number of Attorneys Recognized in 2025 Edition of The Best Lawyers in America® With Four Named “Lawyer of the Year”August 15, 2024 | Rankings & Recognition | News Releases | Arnall Golden Gregory LLP
- EventsAGG Partners to Present at 2024 GHCA Summer ConventionJune 18, 2024 | Speaking Engagements | Amelia Island, Florida
- NewsAGG Earns Significant Practice and Attorney Rankings in Chambers USA 2024 GuideJune 6, 2024 | News Releases | Rankings & Recognition | Arnall Golden Gregory LLP