Overview

Operating at the intersection between health care and the life sciences, Jessica Barth leverages a 13-year tenure as chief counsel at Eskenazi Health – one of the largest public health systems in the United States – to provide practical, results-oriented guidance to clients on a wide range of regulatory, compliance and transactional matters.

She also provides health care expertise to both health care and life sciences clients during mergers and acquisitions and other complex transactions.

Health Care

Jessica serves as a go-to resource for health care providers seeking counsel on contract and compliance matters. She routinely assists clients with facility and individual licensing issues, as well as time-sensitive risk management issues such as patient consent and adverse event reporting. She also partners with providers to draft and negotiate a wide variety of agreements, including clinical services agreements, clinical trial agreements and grant agreements.

In addition, Jessica brings practical experience working with academic medical centers, safety net health systems, nonprofit and for-profit health systems, ambulance providers, behavioral health providers, federally qualified health centers, physician practices, laboratories and pharmacies on transactional, regulatory and accreditation matters. And she helps health care clients navigate interactions with federal agencies, including the Drug Enforcement Administration (DEA), the Health Resources and Services Administration (HRSA) and the U.S. Social Security Administration (SSA).

Life Sciences

Jessica advises drug and device manufacturers on their interactions with health care professionals, and ensures exchanges abide by the Anti-Kickback Statute (AKS) and industry codes such as the PhRMA Code and the AdvaMed Code.

Manufacturers frequently retain Jessica to strengthen their compliance programs through the development of compliance policies, procedures, training manuals and other documents. She also provides support on the corporate contracts side, drafting and negotiating a wide variety of contracts, including supply chain agreements, clinical trial agreements, confidentiality agreements, grant agreements and consulting agreements.

Previous Experience

As chief counsel at Eskenazi Health, Jessica spearheaded several transformative initiatives. On the expansion front, she managed all legal aspects of the construction of a new $754 million hospital campus, including running a successful public referendum; structuring multimillion-dollar architect and construction/project manager agreements; assessing risk during the design phase; providing guidance on public bidding of contracts; and resolving construction-related disputes. In addition, she counseled the health care system on an agreement with the municipality to merge two existing ambulance services into a new emergency medical services agency. Jessica also played a key role in the negotiation and drafting of health system’s principal agreement for physician services, including specific performance metrics.

Faculty Positions

  • Adjunct Professor, Indiana University Maurer School of Law, Spring Semester 2008 (Health Law Course)

Credentials

Bar Admissions

Indiana

Court Admissions

U.S. Court of Appeals for the Seventh Circuit
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Southern District of Indiana
U.S. Supreme Court
Indiana Supreme Court

Clerkships

U.S. Court of Appeals for the First Circuit, Hon. Bruce M. Selya, 2000-2001

Education

Indiana University Maurer School of Law
J.D. summa cum laude, Order of the Coif, Indiana Law Journal (articles editor) (2000)

University of Michigan
M.A. in English Literature (1994)

Indiana University, Bloomington
B.A. in English Literature and French, with high distinction, Phi Beta Kappa (1991)

Insights & Events

Other Perspectives
  • MACRA's Quality Payment Program Year 2: What's In Store for 2018?
    Indiana State Bar Association, October 2017
  • HIP 2.0: Indiana’s Alternative Medicaid Expansion Vehicle
    America’s Essential Hospitals, May 2014
  • Corporate Counsel to Corporate Counsel
    Panelist, CLE presented by Frost Brown Todd, October 2013
  • HIV and the Rule of Law: Human Rights at Home and Abroad
    Panelist on Medical-Legal Partnerships, Notre Dame School of Law, September 2009
  • Issues to Consider in the Planning Stages of a Medical-Legal Partnership 
    ABA Health E-Source, December 8, 2008, co-author with Chad Priest and Erin Lewis
  • Disability Benefits and the ADA After Cleveland v. Policy Management Systems 
    Indiana Law Journal, Fall 2000

Leadership & Community

Pro Bono

  • Eskenazi Health Wills Clinic, Eli Lilly Wills for Heroes Clinic, Jewish Federation Wills Clinic
  • Established the Eskenazi Health Medical-Legal Partnership and Wishard Volunteer Advocates Program
  • Guardianships for Eskenazi Health Medical-Legal Partnership

Professional Associations

  • American Health Lawyers Association
  • America’s Essential Hospitals — Government Relations Academy Fellow, 2013
  • Certified Professional Health Care Risk Manager, 2009-12
  • Indianapolis Bar Association — Chair of Health Law and Life Sciences Section Executive Committee, 2009

Civic Activities

  • Indianapolis Public Library Foundation — Board Secretary
  • Eskenazi Health Center, Inc. — Board Vice Chair
  • Past board member for Arts for Learning, Indiana Health Advocacy Coalition, Indiana Hospital Association Council on Hospital Governance and Indiana Federal Community Defenders, Inc.

Honors

  • Faegre Baker Daniels — Pro Bono Honor Roll, 2018-19
  • Indianapolis Business Journal — Women of Influence
  • Stanley K. Lacy Executive Leadership Series
  • St. Margaret’s Hospital Guild –— Achievement in Medicine Award

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