Posternak Blankstein & Lund LLP is now Arent Fox. Read the press release

Gayland O. Hethcoat II

Counsel
Gayland advises hospitals, physician practices, and other healthcare providers on transactional, regulatory compliance, and corporate matters.
Gayland O. Hethcoat II, Counsel, ArentFox Schiff

Gayland is a strategic legal advisor to providers and stakeholders across the healthcare delivery spectrum. With years of experience as in-house legal counsel for some of the nation’s leading hospitals and health systems, Gayland offers a practical, business-minded approach to supporting his clients.

As regulatory counsel, Gayland develops solutions for complying with the complex web of federal and state laws governing the healthcare sector, including in the emerging fields of telemedicine and digital health. Gayland possesses particular expertise regarding health data privacy and security laws (including HIPAA, the California Confidentiality of Medical Information Act (CMIA), 42 C.F.R. Part 2 substance abuse confidentiality regulations, and the FTC Health Breach Notification Rule) and healthcare fraud and abuse laws (including the Stark Law, Anti-Kickback Statute, and Civil Monetary Penalties Law). In addition, he routinely advises on healthcare licensure and scope-of-practice requirements, Medicare and Medicaid program rules, and controlled substance regulations.

In his transactional practice, Gayland drafts and negotiates various types of contracts and legal instruments, with an emphasis on financial arrangements between hospitals and physicians. He also assists with matters involving for-profit and nonprofit corporate board governance, conflicts of interest, and discharge of fiduciary duties.

Client Work

Gayland has represented hospitals and health systems, physician practices, retail pharmacies and clinics, clinical laboratories, home health agencies, telehealth platforms and health tech start-ups, and management service organizations. His professional experience includes:

  • Advising on issues involving COVID-19 testing and vaccination requirements for healthcare workforce members, supply chain disruptions, and regulatory waivers and flexibilities during the COVID-19 pandemic
  • Supporting senior compliance officers in administering healthcare compliance programs, including internal investigations, audits, and risk assessments
  • Providing representation in enforcement actions and investigations conducted by the U.S. Department of Justice, Office for Civil Rights in the U.S. Department of Health and Human Services, the California Department of Public Health, and other federal and state agencies
  • Drafting, negotiating, and advising on joint venture arrangements, asset purchase agreements, shareholder and LLC agreements, affiliation agreements, professional service agreements, employment agreements, settlement agreements, and other healthcare transactions
  • Engaging valuators, appraisers, and other third-party firms under attorney-client privilege to provide fair market value and reasonableness assessments in support of hospital-physician arrangements
  • Evaluating telehealth and digital health business plans for compliance with corporate practice of medicine restrictions, licensure requirements, controlled substance prescribing rules, and other healthcare regulations
  • Counseling hospitals and medical staffs on credentialing and peer review matters
  • Participating on hospital and health system committees with oversight of virtual care, data privacy and security, revenue cycle operations, and human subjects research

Previous Work

Prior to joining ArentFox Schiff, Gayland served as Senior Legal Counsel and Director of Compliance at Children’s Hospital Los Angeles, an internationally renowned pediatric academic medical center affiliated with the University of Southern California Keck School of Medicine. Before that, he was Corporate Counsel with oversight of hospital operations at Dignity Health, an affiliate of CommonSpirit Health, one of the largest nonprofit health systems in the United States. Gayland began his legal career in Chicago, where he practiced in the healthcare industry group of a large national law firm.

Professional Activities

Gayland is an active member of the American Health Law Association, California Society for Healthcare Attorneys, and Health Care Compliance Association. He is also a member of the Privacy Law Section of the California Lawyers Association and has participated on its California Privacy Rights Act (CPRA) Rulemaking Working Group.

Publications, Presentations & Recognitions

Publications, Presentations & Recognitions

Gayland regularly speaks and writes on various health law topics. His presentations and publications include:

  • Employee Health Information: When Is It PHI Protected Under HIPAA?, at the Health Care Compliance Association’s 26th Annual Compliance Institute in Phoenix, Arizona (March 28, 2022)
  • HIPAA Privacy Basics for Legal Professionals, at the 43rd Annual Los Angeles Paralegal Association in Glendale, California (October 12, 2019)
  • The Social Determinants of Health: The Next HIPAA Frontier, at the 27th National HIPAA Summit in Arlington, Virginia (March 28, 2018)
  • The Non-Physician Practitioner Assistance Exception to the Stark Law: A New Tool for Healthcare Workforce Recruitment, 2016-09 Health Care Law Monthly 1 (2016)
  • A Legal Primer on Clinical Privileging of Nurse Practitioners, Physician Assistants, and Other Advanced Practice Professionals, at the National Association of Medical Staff Services’ 39th Educational Conference and Exhibition in Seattle, Washington (October 5, 2015)
  • Terminating the Hospital-Physician Employment Relationship: Navigating Conflicts Arising from the Physician’s Dual Roles as Employee and Medical Staff Member, 23 University of Miami Business Law Review 425 (2015)
  • Understanding the Challenges of Implementing the Affordable Care Act, before the Illinois State Bar Association in Chicago, Illinois (September 12, 2014)

Life Beyond the Law

Gayland is the father of two young daughters, the oldest of whom was born on his birthday. He is a lover of exotic plants, podcasts, and mid-century design.