Jason C. Preciphs
Practice Summary
Jason serves as general and special counsel to hospitals, long-term care facilities, home health and hospice organizations, physician practices, individual practitioners, and mental health counselors. He advises healthcare clients on regulatory, compliance, patient care, credentialing, corporate, licensure, government investigations, employment and other issues. In his outside counsel role, he advises on patient care and risk management issues such as the drafting, design and implementation of patient safety plans, peer review procedures, patient care policies, facility operation and compliance policies, and medical staff bylaws. He routinely reviews guardianship matters, powers of attorney, HIPAA and/or state privacy law issues, and credentialing matters.
Jason is also an experienced trial attorney who focuses his trial practice on medical malpractice defense, insurance coverage disputes, complex tort and other civil litigation. He has obtained a significant number of favorable verdicts as trial counsel in state and federal courts in Rhode Island and Massachusetts. Jason also appears before administrative licensing boards.
In addition, Jason advises the firm’s clients regarding intellectual property issues, privacy law challenges and electronic commerce. His work as appellate counsel includes successful argument before the Rhode Island Supreme Court in a case that established the state’s first Police Civilian Review Board and a leading case regarding expert evidentiary issues in the Federal Court of Appeals for the First Circuit.
Representative Matters
- Appeared as defense trial counsel in jury trials representing a number of medical practitioners and health care institutions in the Rhode Island Superior Court and the United States District Court.
- Drafted numerous policies and procedures for Health System’s operations, including, Caregiver Advise, Record, Enable (CARE) Act Policy, Peer Review Policy, Advance Directive Policy, Life Sustaining Treatment Policy, Hospital EMTALA Policy, Translation Services Policy and Patient Advisement, and General and Informed Consent Policies.
- Advised multiple hospital systems comprising majority of hospitals in Rhode Island regarding implementation of the federal Patient Safety and Quality Improvement Act of 2005 and the Rhode Island Patent Safety Act. Advised hospitals regarding their obligations under the Emergency Medical Treatment and Active Labor Act (EMTALA).
- Obtained a defense verdict for his client in toxic mold litigation while prevailing on the client’s counterclaim, obtaining jury verdict for breach of contract.
- Draft, review and negotiate a broad range of agreements, including software license, maintenance, cloud computing, PaaS, SaaS, professional/technology services, and procurement contracts.
- Engaged in appellate briefing and oral arguments yielding representative published decisions from the First Circuit Court of Appeals and the Rhode Island Supreme Court. Some of his representative appellate decisions include:
- Crowe vs. Marchand, 506 F.3d 13 (1st Cir. 2007)
- Rhode Island Managed Eye Care, Inc. vs. Blue Cross Blue Shield, 996 A.2d 684 (R.I. 2010)
- Providence Lodge No. 3 vs. PERA, 951 A.2d 497 (R.I. 2008)
- Gaumond vs. Trinity Repertory Co., 909 A.2d 512 (R.I. 2006).
- Successfully litigated a property tax dispute on behalf of historical preservation society against local town.
- Negotiated and closed client’s purchase of the assets of software company including due diligence, preparation of the letter of intent, drafting of the asset purchase agreement and all agreements transferring the seller’s intellectual property to the firm’s client.
- Negotiated and executed $7M sale of client’s two entities including facilitation of buyer’s due diligence, negotiation and drafting of Asset Purchase, Assignment and Assumption, Indemnification, Trademark and Web Domain Transfer Agreements.
- Served as outside counsel for social networking company. Guided the company through maze of intellectual property protections and drafted its product licensing agreements, provider service agreements, independent contractor and employee agreements. Secured trademark, copyright and other intellectual property protections and drafted site terms of service and privacy policies.
Education
- University of Michigan Law School, J.D. (2002)
- Brown University, A.B. (1998)
Bar Admissions
- Rhode Island, 2002
- Massachusetts, 2002
Professional & Community Involvement
- Rhode Island Judicial Nominating Commission, Commissioner (2021 – present)
- Aldersbridge Communities (f/k/a United Methodist Elder Care), President (2019 – 2022); Trustee (2015 – present)
- Roger Williams University School of Law, Adjunct Professor (2020 – present)
- Foster Center Volunteer Fire Company, Associate Member (2021- present)
- Rhode Island Bar Foundation, Director (2023 – present)
- International House of Rhode Island, Director-Vice Chair (2014 – 2021)
- Family Service of Rhode Island, Member of Board of Directors (2008 – 2013)
- AIDS Project Rhode Island, Member of Board of Directors (2004 – 2008)