Overview
Attorney Trish Wagner counsels health care and life sciences clients in two of the most complex areas affecting their business: privacy regulations and antitrust issues. A scientist as well as a lawyer, she brings a deep understanding of health care to developing creative, pragmatic strategies to minimize risk.
Trish's privacy clients count on her to guide them through the labyrinth of HIPAA and other privacy laws and regulations that protect patient and consumer information. In addition to traditional health care clients, she excels at working with innovative wellness companies that may be new to health industry privacy laws. She oversees contract terms with payors and vendors, and helps create compliance systems that address diverse state, national, and international privacy regulations. And, in the event of a data breach, she assists in investigations and notifications as well as government and private litigation. Trish leverages her experience with clients’ complex data systems to assist clients across the health care spectrum in understanding their obligations and risks under interoperability initiatives and information blocking prohibitions.
As the health care industry continues to consolidate, Trish helps hospitals and other integrated nonprofit health systems navigate competition issues and secure antitrust clearances from the Federal Trade Commission (FTC), the U.S. Department of Justice, and state antitrust authorities. Her understanding of the relationships among providers, payors, and contractors enables her to argue persuasively about the competitive impact of a particular business combination. And to keep her clients up to date on important antitrust counseling and defense issues, Trish coauthors Antitrust Byte client alerts on a biweekly basis.
Before becoming a lawyer, Trish received a doctorate in microbiology and worked as a research microbiologist at institutions, including the Centers for Disease Control in Atlanta, Georgia. She credits her scientific training with allowing her to efficiently analyze complex information and construct a plan of action.
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Focus Areas
Services
- Antitrust
- Artificial Intelligence
- Behavioral Health
- Cybersecurity Risk Assessment
- Data Asset Management
- Data Breach and Incident Response
- Data Breach/Cybersecurity Investigations & Litigation
- Data Protection
- Digital Health
- Health Care
- Insider Threats
- Internet of Things (IoT)
- Interoperability
- Managed Care
- Privacy Compliance Strategies
- Privacy, Cybersecurity & Data Asset Management
- State Privacy Law Compliance
Industries
Trending Issues
Experience
- Structured privacy and contract terms for medical technology device and application companies, and advised on their negotiations with payors.
- Counselled a digital provider of health coaching services on the privacy aspects of its contracts with payors and companies it acquired as it expanded its service lines.
- Provides ongoing advice to a regional hospital system to help it acquire multiple physician practices and ancillary providers.
- Convinced the FTC and a state attorney general to allow a nonprofit hospital to acquire a distressed competing hospital by proving its continued operation was essential to the community.
- Helped a health insurer defeat a data breach class certification motion following the loss of a flash drive containing the personal health information of more than 283,000 individuals.
- Assisted a client in successfully responding to an inquiry from the U.S. Department of Health and Human Services’ Office for Civil Rights related to a breach of protected health information involving one of the client’s vendors.
Recognition
- Acritas, Top 13 Female Acritas Star (2018)
- BTI M&A Client Service All-Star (2021)
- JD Supra Readers’ Choice Award, Top Author – Antitrust & Trade Regulation (2020)
- The Legal 500 United States, Healthcare: Service Providers and Healthcare: Health Insurers (2016, 2017)
- Washington DC Super Lawyers, Health Care (2014, 2015)
Credentials
Education
- Saint Louis University School of Law (J.D., cum laude, 2000)
- Certificate, Health Law Studies Program
- University of Kansas (Ph.D., 1990)
- Microbiology
- University of Kansas (B.A., 1984)
Bar Admissions
- District of Columbia
- Missouri
Professional & Community Involvement
- American Bar Association
- American Health Lawyers Association
Media
Events
Past Events
- June 27-29, 2022
Insights
Insights
- PublicationsFTC Issues RFI on Anti-Competitive Regulations2 minute read
- PublicationsOpposition to Renewed COPA Application in Indiana Reveals FTC Leadership’s Views on Hospital Merger Enforcement ...2 minute read
- PublicationsPresident Trump Fires Two Commissioners and Solidifies Control Over FTC1 minute read
- PublicationsRevised HSR Thresholds Now in Effect1 minute read
- PublicationsNew HSR Premerger Notification Requirements Take Effect2 minute read
- PublicationsNew FTC Chairman Signals Change2 minute read
- PublicationsAgencies Issue Antitrust Guidelines for Business Practices Impacting Workers2 minute read
- PublicationsRecap: Top 10 Antitrust Issues in 20242 minute read
- PublicationsLeadership Changes and a New Direction at the FTC2 minute read
- PublicationsFTC Debuts New Comment Portal2 minute read
- PublicationsFTC Receives Grades for Its FY 2024 Performance2 minute read
- PublicationsHouse Report Is Critical of Chair Khan’s Administration of FTC2 minute read
- PublicationsRevisions to HSR Form Released2 minute read
- PublicationsFTC Withdraws from Interagency Memorandum of Understanding2 minute read
- BlogsOCR Withdraws Appeal of District Court Order Declaring Unlawful and Vacating the “Proscribed Combination” Portion of ...4 minute read
- PublicationsFTC Disputes Whether States Can Effectively Displace Hospital Competition with COPA Regulation2 minute read
- PublicationsFTC and DOJ Signal Continued Interest in Labor Markets with New MOU2 minute read
- Media CoverageAnjana Patel, Trish Wagner Quoted in “Whether Harris or Trump Wins 2024 Election, M&A Challenges Await”3 minute read
- PublicationsInteragency Strike Force on Unfair and Illegal Pricing Holds First Public Meeting1 minute read
- PublicationsFTC Releases Controversial Interim Staff Report on PBMs’ Purported Impact on Drug Prices3 minute read
- PublicationsProposed FTC Budget Signals Continued Enforcement Initiatives2 minute read
- PublicationsBreaking Boundaries: Navigating Challenges to Expanding Across Borders2 minute read
- PublicationsNewly Appointed Commissioner Holyoak Criticizes FTC’s Direction and Policy2 minute read
- PublicationsAgencies Seek Information on Serial Acquisitions2 minute read
- PublicationsClose of Comment Period for RFI on Consolidation in Health Care Markets2 minute read
- PublicationsFTC Requests Substantial Increase to FY 2025 Budget2 minute read
- PublicationsFederal Antitrust Enforcement Agencies Launch New Reporting Tool2 minute read
- PublicationsFive Commissioners and a Vote on Noncompetes to Come2 minute read
- BlogsRevised OCR Guidance Provides New Examples, but Raises More Questions, Regarding Use of Online Tracking Technologies by ...8 minute read
- PublicationsFTC Continues Investigation into PBM Practices2 minute read
- PublicationsAgencies Focus on Private Equity in Health Care2 minute read
- Firm Announcements
Three Epstein Becker Green Attorneys Cited for Noteworthy Thought Leadership in JD Supra 2024 Readers’ Choice Awards ...
4 minute read - PublicationsFTC Calls on Congress to “Modernize” HSR Act and Extend Waiting Periods2 minute read
- PublicationsRevised HSR Thresholds Announced2 minute read
- PublicationsUpdated Merger Guidelines Finalized2 minute read
- PublicationsRecap: Top 10 Antitrust Issues in 20232 minute read
- PublicationsPresident Seeks More Antitrust Scrutiny of Health Care Transactions2 minute read
- PublicationsHHS Publishes Proposed “Disincentives Rule” to Prevent Information Blocking by Health Care Providers15 minute read
- PublicationsLatest Status of Proposed Merger Guidelines2 minute read
- PublicationsFTC Chairwoman Defends Agency’s Enforcement Record2 minute read
- PublicationsThe Federal Trade Commission Moves Closer to a Full Complement of Commissioners2 minute read
- PublicationsFTC and DOL Sign MOU for Cooperation2 minute read
- PublicationsBeyond Civil Enforcement2 minute read
- PublicationsAre Conduct Remedies to Merger Challenges Back on the Table?2 minute read
- PublicationsNew Antitrust Theory: Cross-Market Effects2 minute read
- PublicationsFTC Warns Against Contract Provisions It Believes Could Impede Its Investigations2 minute read
- PublicationsFTC’s Fight with House Judiciary Committee Goes Public2 minute read
- PublicationsAdditional Withdrawals of Long-Standing Guidance and Newly Proposed Merger Guidelines2 minute read
- PublicationsPotential Hart-Scott-Rodino Changes on the Horizon3 minute read
- PublicationsFTC Says State Oversight Cannot Effectively Displace Competition Among Health Care Providers2 minute read