Counsel Shortlist DRAFT

AHD-LEGAL-003 — Healthcare Regulatory Counsel Shortlist

Avina Home Detox LLC Status: DRAFT v0.1 (3 firms shortlisted; Fabian + Kelly to choose 1 by Day 7) Date: 24/04/2026

Selection Criteria

A counsel firm engaged for Avina Home Detox must demonstrate:

  1. Substance use disorder + detox specific experience. Generic healthcare counsel is insufficient. The firm must have advised in-residence or outpatient detox providers in California.
  2. Multi-state licensure capacity. Avina Home Detox launches in CA Y1 then NY and FL. Counsel must work across all three.
  3. EKRA / Anti-Kickback fluency. Federal anti-kickback exposure on referrals is a bet-the-firm risk for any clinical concierge business. Named EKRA experience required.
  4. HIPAA + 42 CFR Part 2 fluency. Substance use records are subject to enhanced confidentiality under 42 CFR Part 2.
  5. Mobile / in-residence model experience. Counsel must understand the regulatory difference between a brick-and-mortar facility and a mobile clinical practice operating in private residences.
  6. Discretion-aligned client culture. UHNW family-office clients expect peer-grade legal representation. The firm must operate at the same standard.
  7. Predictable retainer structure. Block fees or capped engagements preferred over open-ended hourly.

Shortlisted Firms

Note: Firm-level details below are based on publicly available data as of April 2026 and warrant validation by direct engagement before retention. The counsel shortlist will be finalised against current capacity and current rates.

01 — Hooper, Lundy & Bookman PC

Why on the shortlist: Largest healthcare-only law firm headquartered in California (Los Angeles, San Francisco, San Diego, Sacramento). Substance use disorder treatment is a named practice area. EKRA, HIPAA, 42 CFR Part 2, and mobile-clinic regulatory work all on the firm’s case list. Long history with concierge medicine and outpatient addiction practices.

Locations relevant to Avina: Los Angeles (primary), San Francisco, San Diego, Washington DC.

Estimated Year 1 cost: $30,000-$60,000 retainer + matter-specific work.

Senior partners to approach: - Mark Reagan (regulatory and licensure) - Patric Hooper (Anti-Kickback, EKRA, fraud and abuse) - A senior associate or counsel-level attorney for day-to-day work

Strength: Deep CA regulatory bench. Recognised on every CA healthcare matter.

Weakness: Large-firm rates. May be over-engineered for a 100K-capital stand-up in Y1.

First contact: Cold email + LinkedIn introduction to Mark Reagan with a one-page brief on Avina Home Detox and the work scope. Request a 30-minute introductory call.

02 — Buchanan Ingersoll & Rooney PC — Healthcare Practice

Why on the shortlist: National healthcare practice with strong substance use disorder treatment expertise. Multi-state licensure (covers CA, NY, FL — the three priority Avina states). EKRA capability documented. Healthcare M&A experience is a long-term plus if Avina ever raises or sells.

Locations relevant to Avina: Los Angeles, New York, Miami, San Francisco.

Estimated Year 1 cost: $25,000-$50,000 retainer.

Senior partners to approach: - Carl Kaplan (substance use disorder treatment) - A New York healthcare partner for NY licensure - A Miami healthcare partner for FL licensure

Strength: True multi-state coverage from one firm. Cohesive engagement across CA / NY / FL avoids the cost of three separate firms.

Weakness: May lack the deep CA-specific regulatory depth that Hooper Lundy has.

First contact: Warm introduction via Avina’s healthcare network where possible; cold via firm intake otherwise.

03 — Nelson Hardiman LLP

Why on the shortlist: Boutique California healthcare law firm based in Los Angeles. Specialises in startup and growth-stage healthcare companies, including substance use disorder, telehealth, and concierge medicine. Founder Harry Nelson has authored extensively on EKRA and the anti-kickback landscape in addiction treatment. Smaller firm, more responsive, predictable block fees.

Location: Los Angeles only.

Estimated Year 1 cost: $20,000-$35,000 in block fees for a stand-up engagement.

Senior partners to approach: - Harry Nelson (founding partner, EKRA, addiction treatment regulation) - A senior associate for day-to-day matters

Strength: Best fit on cost. Founder is a recognised authority on EKRA in addiction treatment specifically. Fast-moving boutique culture matches a startup pace. Recommended starting point for the Y1 engagement.

Weakness: California only. NY and FL would need separate counsel in Y1 (or Nelson Hardiman would coordinate via outside counsel arrangements).

First contact: Direct cold to Harry Nelson with a one-page Avina Home Detox brief. He responds to introduction emails personally. This is the recommended first call.

Recommended Y1 selection: Nelson Hardiman LLP as primary counsel, for cost, responsiveness, and the founder’s specific EKRA authority.

Y1 sequence: 1. Engage Nelson Hardiman for: LLC formation review, Operating Agreement finalisation, Medical Director Agreement finalisation, CA in-residence detox licensure, EKRA structural review, NDA cascade enforceability. 2. Block fee target: $25,000 for the first 6 months.

Y2 sequence: 1. Add NY counsel (Buchanan Ingersoll) when NY licensure begins. 2. Add FL counsel (firm to be selected) when FL licensure begins. 3. Retain Nelson Hardiman as CA primary on retainer.

Total Y1 legal spend (planned): $25,000 retainer + $5,000 per state for additional state-specific work = ~$30,000-$40,000.

Capital plan provision: The Capital Plan v0.1 has $20,000 for healthcare counsel; with the recommended Nelson Hardiman engagement at $25,000, the capital plan needs a $5,000 increase.

Open Items

  1. Validate that all three firms have current capacity to take on a new clinical-detox engagement in Q2 2026.
  2. Validate current published rates against the estimates above.
  3. Verify EKRA-specific authorship history of named partners.
  4. Verify experience with mobile / in-residence (not brick-and-mortar) clinical practices specifically.
  5. Confirm that Nelson Hardiman or alternative would coordinate referrals to NY and FL counsel without conflict.

First-Contact Brief (one page, attached separately)

A one-page brief sent with the first counsel email contains:

End of v0.1. Refreshed when NEXUS regulatory research returns and any of the firm-level claims need verification or adjustment.