Rachel Hold-Weiss

Client Work

Rachel represents a variety of both nonprofit and for-profit health care providers, including hospices and palliative care programs, home health agencies, skilled nursing facilities, assisted living facilities, continuing care retirement communities, physicians, and physician practices.

Rachel counsels clients undergoing federal and state audits and investigations, including audits and investigations conducted by the Office of Inspector General, the New York State Office of Medicaid Inspector General, and the Centers for Medicare and Medicaid Services Medicare Administrative Contractors. Rachel assists in the defense of individual physicians and institutional providers in fraud and abuse matters including claims of fraud, anti-kickback, self-referral, corporate practice of medicine, and fee-splitting violations.

Rachel has represented investors, owners, and operators of long term care and senior housing companies, home health companies, and hospices with regulatory and corporate due diligence and complex corporate restructurings, sales, and acquisitions. Rachel has also advised senior living property owners through the regulatory process, to enable new operators to take over the operations of nursing home and assisted living facilities when the existing operators of those facilities have defaulted on loans or have filed for bankruptcy protection.

In addition, Rachel advises clients in all aspects relating to certificate of need, facility licensure and professional licensing, Medicare and Medicaid survey issues, and health care privacy and security matters. Rachel also assists clients with the development and implementation of compliance programs and conducting compliance audits.

Professional Activities

Rachel is a current member of the Board of Trustees of the Hospice and Palliative Care Association of New York State (HPCANYS) as well as a member of the regulatory committee of the National Hospice and Palliative Care Organization (NHPCO).

Rachel is an active member of NHPCO, HPCANYS, the National Association for Homecare & Hospice, the Home Care Association of New York State, and the American Health Law Association.

Publications, Presentations & Recognitions

Rachel was rated as one of the top up-and-coming health care attorneys in New York by Chambers USA and has also been rated by Legal 500 US as a national leader in the health care field.

Rachel is a frequent presenter at both national and regional conferences. Rachel's speaking engagements include: 

• National Association for Home Care & Hospice (NAHC) 2022 Financial Management Conference, “Compliance Related Financial Risks – Hospice,” Las Vegas, Nevada, July 25, 2022
• American Health Law Association (AHLA) Annual Meeting 2022, “Home Health and Hospice in the Hot Seat – The Compliance Landscape in 2022,” Chicago, Illinois, June 29, 2022
• New England Home Care and Hospice Conference, “Home Health and Hospice in the Hot Seat: The Compliance Landscape in 2022,” Newport, Rhode Island, May 12, 2022
• Hospice & Palliative Care Association of New York State (HPCANYS) Webinar, “New Hospice Survey and Enforcement Requirements,” Online, April 28, 2022
• National Hospice and Palliative Care Organization’s 2022 Leadership and Advocacy Conference, “Understanding Stark and Anti-Kick Back,” National Harbor, Maryland, March 6, 2022
• National Association for Home Care & Hospice (NAHC) Legal Series, Part 10: “Home Health and Hospice Marketing: Compliance, Fraud and Abuse, & Pitfalls,” Online, January 18, 2022
• Home Care Association of New York State’s Senior Financial Managers Retreat, “New CMS Hospice Survey and Enforcement Changes – Is Your Hospice Ready for What is Coming?,” Online, September 9, 2021
• Weatherbee Resources, Hospice Compliance Network Webinar Series’ Quarterly Roundtable, Online, August 25, 2021
• Hospice Fundamentals’ Spring Virtual Compliance Workshop, “How Deep a Dive to Take: Conducting an Internal Investigation,” “Your Marketing Team: Are They an Unmitigated Risk?,” Online, May 20, 2021
• Hospice Fundamentals Subscriber Webinar, “Palliative Care Programs: A Primer,” with Christopher Acevedo, Online, April 9, 2021
• National Hospice and Palliative Care Organization’s 2021 Leadership & Advocacy Conference, “Hospice Marketing Gone Awry: How Do I Fix It?,” Online, March 22, 2021
• Home Care Association of New York State’s Corporate Compliance Symposium, “Conducting Internal Investigations,” Online, November 4, 2020
• Hospice Fundamentals’ Fall Virtual Compliance Workshop, “How Deep a Dive to Take: Conducting an Internal Investigation,” “Your Marketing Team: Are they an unmitigated risk?,” Online, October 1, 2020
• Hospice Fundamentals Subscriber Webinar, “Palliative Care Basics,” with Christopher Acevedo, Online, September 11, 2020
• Weatherbee Resources, Hospice Compliance Network Webinar Series, “Handling HIPAA Breaches in Hospice,” with Michele Gipp, Online, August 19, 2020
• National Association for Home Care & Hospice (NAHC) 2020 Financial Management Conference, “Hospice Compliance Risks,” Online, July 28, 2020
• American Health Law Association Presentation, “Hindsight is 2020: A Look at Home Health and Hospice in the New Decade,” with Kathleen Hessler RN, JD, CHC, CHPC, Online, July 1, 2020
• Weatherbee Resources, Hospice Compliance Network Webinar Series’ Quarterly Podcast, “Hospice Contracts,” Online, June 23, 2020
• National Hospice and Palliative Care Organization and Hospice & Palliative Care Association of New York State, Hospice Compliance Conference, “Conducting an Internal Investigation,” “Understanding and Applying Hospice Fraud and Abuse Laws,” “When Do I Need a Lawyer,” “I Just Got a UPIC Audit… What Do I Do?,” Albany, New York, December 12, 2019
• American Health Lawyers Association (AHLA) Annual Meeting 2019, “Compliance Advice for the Post-Acute Provider: Assess, Audit, and Do It Again,” Boston, Massachusetts, June 24, 2019
• National Hospice and Palliative Care Organization Leadership & Advisory Conference, “Ethical Marketing Practices,” April 15, 2019
• HPCANYS’ 39th Annual Interdisciplinary Seminar and Meeting, “Are You Ready for the Next Wave of Audits?,” Albany, New York, April 3, 2019
• HCA’s and HPCANYS’ Corporate Compliance Symposium, “What Home Care, Hospice Need to Know about NGS Audits,” Albany, New York, October 17, 2018
• National Hospice and Palliative Care Organization Webinar, “Ethical Marketing Practices,” May 22, 2018 
• Home Care Association of New York State Annual Compliance Conference, “Establishing and Maintaining an Effective Compliance Program,” New York, New York, March 23, 2017
• Home Care Association of New York State Compliance Workshop, “Retooling Your Compliance Program,” New York, New York, February 23, 2016
• Home Care Association of New York State Home Care Survival Bootcamp, “Establishing Effective Compliance Manuals,” New York, New York, May 13, 2015
• National Association for Home Care and Hospice - Annual Meeting & Exposition, “I’m on a Board. What are my Legal and Ethical Responsibilities?,” National Harbor, Maryland, October 31, 2013
• Home Care Association of New York State Corporate Compliance Symposium, “Hot Topics in Medicare RAC, ZPIC and MIC Appeals,” with Connie A. Raffa, Albany, New York, October 2, 2013
• Fraud and Compliance Forum, “Fraud and Abuse Developments in Home Health,” with William A. Dombi, Baltimore, Maryland, September 30, 2013

Rachel’s publications include:

• “CMS Proposes Rate Changes and New Nursing Staffing Rules That Will Significantly Impact Skilled Nursing Facilities,” Health Care Counsel Blog, April 14, 2022
• “HHS Once Again Renews Determination That a Public Health Emergency Exists,” Health Care Counsel Blog, January 14, 2022
• “HHS Renews Determination That Public Health Emergency Exists,” Health Care Counsel Blog, October 18, 2021
• “Federal Determination of Continued Public Health Emergency,” Health Care Counsel Blog, July 20, 2021
• “Arent Fox's Stark & Anti-Kickback Statute Final Rules Analysis,” Health Care Counsel Blog, March 2, 2021

• “Changes to Stark Law Definitions Impact Innovative Relationships and 'Commercially Reasonable' Considerations,” Health Care Counsel Blog, January 5, 2021

• “Home Health Sector Due Diligence,” Bloomberg Law, October 9, 2020
• “CMS’s Finalized Radiation Oncology Model Changes Payments for Radiation Therapy,” Health Care Counsel Blog, September 23, 2020
• “CMS Revises Survey Prioritization and Resumes Enforcement Activities,” Health Care Counsel Blog, August 19, 2020
• “A New Look – Medicare Administrative Contractors To Resume Fee-For-Service Medical Reviews,” Health Care Counsel Blog, August 11, 2020
• “AHLA 2020: Hindsight is 2020,” Health Care Counsel Blog, May 27, 2020
• “CMS Is Making It Easier for Rural Health Clinics and Federally Qualified Health Centers to Provide Services and Receive Payments,” Health Care Counsel Blog, April 21, 2020
• “All Hands On Deck: CMS Issues New Blanket Waivers Relaxing Federal Licensing Requirements and Qualifications for Certain Health Care Practitioners,” Health Care Counsel Blog, April 17, 2020
• “CMS Announces Prioritization of Survey Activities & Expected Self-Assessments for All Providers and Suppliers,” Health Care Counsel Blog, March 26, 2020
• “New York Updates and Clarifies Policies Regarding Medication Administration for Hospice Patients Residing in Adult Care Facilities,” Health Care Counsel Blog, February 13, 2020
• “OIG Issues Two Reports Identifying Medicare Hospice Beneficiaries at Risk of Harm from Hospice Deficiencies,” Health Care Counsel Blog, July 12, 2019
• “New York Law Imposes Drug 'Take Back' Obligations on Manufacturers, Pharmacies, and Wholesalers, with Manufacturers Footing the Bill,” Arent Fox Legal Alert, July 2018
• “CMS Issues Final Regulations Clarifying the 36-Month Change of Ownership Rule for Home Health Agencies,” Arent Fox Legal Alert, November 2010
• “New Compliance Program Regulations Proposed by the New York Office of Medicaid Inspector General,” Arent Fox Legal Alert, January 2009
• “The New Office of The Medicaid Inspector General: What Are They Up To?,” May 2008
• “Operation Home Alone – Past, Present & Future,” New York State Bar Association Health Law Journal, Spring 2008

Life Beyond the Law

In addition to being the mother of four, Rachel is a nationally certified physician assistant licensed to practice in the state of New York. Prior to joining ArentFox Schiff, Rachel worked as a physician assistant in both hospital and outpatient clinical settings.