James J. Eischen Jr.

ATTORNEY

Jim Eischen has 30 years of experience handling complex commercial and regulatory matters with a track record of practical problem-solving and sophisticated legal analysis. He has extensive experience managing all facets of business representation, from formation to contractual relations and managing disputes and transitions. He has experience working with mergers and acquisitions, shareholder/board issues, IP transactions, venture capital investment, and general employment risk management and documentation.

Since 2009, Jim has worked with clients in matters involving digital health, healthcare and privacy licensing and regulatory issues, including federal and state healthcare compliance issues that include physician compensation, and private direct healthcare and wellness modeling/compliance. His practice includes assisting various national enterprises (including life science and health/wellness education and guidance companies) with regulatory compliance (including FDA/FTC compliance). His experience encompasses healthcare, data, and physician integration business planning. He advises clients in matters connected to reimbursement, contracts, interdisciplinary health professional employment and labor issues, HIPAA compliance, and the fast-growing membership-based connected care, direct primary care (DPC) concierge practices and related enterprise models (including models designed to operate with employer funding). Jim has done credentialing work for physician independent practice associations (IPAs), and has experience structuring physician practice purchase and employment structures, and assisting companies delivering wellness products or programs, to ensure reimbursement and privacy compliance.

Jim has assisted with structuring and documenting commercial enterprise website data intake and utilization to achieve state and federal legal compliance. Clients have included online learning enterprises, health and wellness enterprises offering health guidance products, and businesses interacting with healthcare providers needing to navigate complex data compliance obligations. Jim has also assisted with potential breach scenarios, and has worked on mitigating potential breach events and achieving compliance with notification and other obligations triggered by data breach events.

Jim is noted for his work in structuring consumer/patient financial contribution and reimbursement models for private/concierge medical groups and for helping healthcare IT product developers to achieve federal legal compliance. He has worked as a consultant/founder with medical groups, digital health record software firms, cardiovascular testing and health coaching enterprises, and venture capital groups exploring healthcare opportunities. As a national authority within the digital health and direct/private medical law fields, Jim is frequently featured as a guest speaker at American Academy of Family Physicians (AAFP), American Academy of Private Physicians (AAPP), the American College of Private Physicians (ACPP), the XL Concierge conference, and various other national organization conferences.

Relevant Experience

  • Created and documented corporate structural compliance solution for life sciences company integrating health data generation with health data analysis and guidance products, providing ongoing compliance/regulatory guidance
  • Counsels one of the US’s largest health care plans regarding healthcare regulatory compliance for high-connection telehealth and personalized primary care services
  • Closed $54 million M&A acquisition for manufacturing client in 2015 and navigated post-closing indemnity issues and business/tax planning
  • Closed $32 million commercial real estate purchase in 2014
  • Has structured both enterprise-based and personalized private direct health care practices and wellness offerings for hundreds of clients for nearly a decade, becoming a national authority in private fee/free market health care structuring and compliance

Professional Affiliations

  • State Bar of California
  • San Diego County Bar Association (Medicine, Real Property, Business, Corporate & Commercial Sections); Volunteer, Attorney-Client Relations Committee (1998 to date)
  • Best of the Bar” Finalist, San Diego Business Journal, 2015
  • “Top Lawyers in California,” American Lawyer Media, 2013
  • California Super Lawyers (Health Care, Business/Corporate, Real Estate), 2007
  • High school coach for competitive San Diego surf team for over 10 years, team has won San Diego County championships twice
  • High school attorney coach for San Diego high school mock trial team for seven years, team won the 2015/2016 San Diego County Championship and participated at the California State Finals for high school mock trial
  • Regular speaker for MCLE in San Diego on attorney mental health issue prevention
  • Active in Southern California paddleboard race competition, and avid sailor/boater since childhood
  • Professional musician, playing bass and providing back-up vocals for San Diego and San Clemente indie alternative/blues bands; previously provided music/vocals for St. Vincent de Paul homeless shelter interfaith services

Honors

Community and Other Activities