Foulston Siefkin offers healthcare providers throughout the nation a high level of expertise and service at Midwestern rates. The members of our healthcare law practice group are prepared to guide your organization through the tangle of legal requirements associated with an increasingly complex maze of federal and state regulations facing healthcare providers. Our attorneys have been recognized by national organizations as among the leading healthcare lawyers in the United States.
We have significant experience representing hospitals, ambulatory surgery centers, physician groups, skilled nursing facilities, behavioral health providers, recovery care centers, home health agencies, durable medical and orthotics suppliers, third-party billing companies, physicians, nurses, and numerous medical groups.
The healthcare industry is one of the most regulated sectors of our economy. Hospitals, physician groups, and other healthcare providers must comply with an increasingly complex maze of federal and state regulations unique to this industry. Foulston Siefkin attorneys work with healthcare providers on a daily basis in these areas of representation:
- Corporate compliance
- Fraud and abuse
- Stark Law
- Employment contracts
- Business transactions
- Government investigations
- HIPAA
- Medicaid Home & Community-Based Services
- Medical staff
- Litigation
- Medicare & Medicaid reimbursement
- Ad Valorem taxation
- Governmental hospital issues
- Kansas Open Meetings/Records
- PRRB appeals & reimbursement
- EMTALA
- Regulatory appeals
- Licensure matters
- Physician recruitment
- Professional liability
- Risk management
- Managed care
- Taxation
- Antitrust
- E-health
Additionally, healthcare providers face many of the same legal challenges other businesses must address. Our firm’s clients draw upon the wealth of knowledge and experience of attorneys practicing in these areas:
- Labor and employment
- Immigration
- Mergers, acquisitions and joint ventures
- Federal, state, and local taxation
- Intellectual property
- Commercial litigation
- Antitrust
- Negotiating and drafting business contracts
- General business counseling
- Estate planning
- Tax-exempt organizations
- Real estate
Primary Contacts
Get to know Brooke Bennett AziereHealthcare Team Members
Additional Supporting Attorneys
- Structuring transactions to comply with the Stark law
- Representing healthcare providers in disputes with insurance companies (both private and governmental payors) including out-of-network issues
- Avoiding exposure under the anti-kickback statute
- Complying with Medicare and Medicaid reimbursement rules
- Responding to government investigations and qui tam lawsuits
- Handling licensing, accreditation, and certification issues
- Developing effective corporate compliance programs
- Addressing peer review and risk management issues
- Defending medical malpractice lawsuits
- Understanding HIPAA privacy and security rules and Information Blocking rule
- Meeting EMTALA requirements
- Enforcing non-compete agreements
- Negotiating with private insurance companies
- Providing advice on managed care issues
- Implemented Corporate Integrity Agreement for physician practices and other providers following government investigation
- Completed numerous joint venture arrangements for diagnostic facilities, clinical laboratories, specialty hospitals, and ambulatory surgery centers
- Developed and implemented comprehensive corporate compliance programs for hospitals, physician practices, and other healthcare clients
- Assisted numerous health care organizations with the education phase of HIPAA implementation
ISSUE ALERTS
2023
OCR Announces the End of COVID-19 Public Health Emergency HIPAA Notifications of Enforcement Discretion
Healthcare Providers, The End is Near: CMS Issues Guidance for Expiration of COVID-19 Public Health Emergency
COVID-19 Vaccination Requirements for Federal Employees, Federal Contractors, and CMS-Certified Providers Will End
Review Health Professional Overtime Policies In Wake of February Supreme Court Ruling
2022
Coronavirus: Supreme Court Green Lights Vaccine Mandate for CMS; Stalls OSHA
2021
Coronavirus: Side Effects From OSHA's Withdrawal of COVID-19 Healthcare ETS
Coronavirus: UPDATE: Court Temporarily Blocks CMS Omnibus COVID-19 Healthcare Staff Vaccination Requirements in Kansas, Missouri, and 8 Other States
Coronavirus: UPDATE: Fifth Circuit Continues Stay of OSHA ETS for Large Employers
Coronavirus: UPDATE: Court Stays OSHA Emergency Temporary Standard for Large Employers
Coronavirus: CMS Releases Omnibus COVID-19 Healthcare Staff Vaccination Interim Final Rule
Coronavirus: OSHA Releases ETS Requiring Large Employers to Mandate Vaccines or Provide Weekly Testing
Coronavirus: HHS To Issue $25.5 Billion in COVID-19 Provider Relief Funding
Coronavirus: Biden Administration to Require Vaccination of Nursing Home Staff
Coronavirus: CMS Eases Nursing Home Visitation Guidelines to Address COVID-19 Vaccinations and Slowing Infections
2020
Major Changes to Stark Law and Anti-Kickback Statute Regulations Permit ‘Value-Based Arrangements’ and Clarify Existing Regulatory Requirements
Coronavirus: Year-End Stimulus Legislation Provides PPP Enhancements and Other COVID-19 Relief
Coronavirus UPDATE: CMS Issues New Nursing Home Visitation Guidelines
Coronavirus: DOL Revises Paid Leave Requirements Under FFCRA
Coronavirus: COVID-19 Response and Reopening for Business Liability Protection
Coronavirus: Kansas Governor Issues Executive Order Suspending Supervision Requirements for Physician Assistants and Nurse Practitioners
Coronavirus: Nursing Homes Required to Report COVID-19 Cases to CDC, Residents, and Resident Representatives
Coronavirus: Some Good News (Finally) – CMS Issues Guidance Aimed at Resuming
Non-Emergent Healthcare Services
Coronavirus: State of Missouri Issues Stay-at-Home Order
Coronavirus: Key Healthcare Components of the CARES Act
Coronavirus: CMS, Industry and Professional Groups Issue Guidance Regarding Elective Procedures — Emergent and Urgent Elective Procedures Must Continue
Coronavirus: Kansas Gov. Issues Statewide Stay-At-Home Order
Coronavirus: Key Tax and Business Provisions
Coronavirus: HIPAA Privacy Rules and the COVID-19 Pandemic
Coronavirus: Shawnee County Issues Safer at Home Order
Coronavirus: Sedgwick County Issues Stay-at-Home Order
Coronavirus: Telehealth Requirements Relaxed Amid COVID-19 Public Health Emergency
Coronavirus: Tax and Employee Benefit Considerations
Coronavirus: Stay-at-Home Orders
Coronavirus: Essential Services
Coronavirus: Families First Coronavirus Response Act Becomes Law
Coronavirus: COVID-19 and Business Interruption Insurance
Coronavirus: COVID-19 Guidance for Religious Institutions
Coronavirus: UPDATE CMS Directs Nursing Homes to Restrict Visitation Nationwide
Coronavirus: CMS Orders Significant Monitoring and Restriction of Nursing Home Visitors
Coronavirus: Emergency Preparedness Plans and Operational Guidance for Hospitals and Other Healthcare Facilities in Confronting COVID-19
District Court Strikes Down Office for Civil Rights 2016 HIPAA Right to Access Guidance Application to Third Parties
2019
CMS Eases Supervision Requirements for Outpatient Therapeutic Services Provided in Hospitals and Critical Access Hospitals
CMS Eases ASC Regulations Concerning Patient Transfers, Examinations, and Emergency Preparedness Planning
MO HealthNet OPRA Provider NPI and Enrollment Requirements: Warning Phase Ends November 1, 2019
New DOJ Guidance Takes a Closer Look at Corporate Compliance Programs and Incentivizes Cooperation in False Claims Act Violations
Kansas Supreme Court Ruling Uncaps Damages for "Pain and Suffering"
New "Stop Human Trafficking" Poster Requirements in Missouri
2018
CARE Act Requires Policy Review and Action From Kansas Hospitals Effective July 1
HHS Issues Request for Information Seeking Input on HIPAA Improvements
CMS Says Don't Text Patient Orders
2017
And the Hits Keep Coming: CMS Proposes to Cut Reimbursement Rates for 340B Drugs and Non-Excepted Provider-Based Department Services
Is Your Emergency Preparedness Plan Consistent with CMS Standards?
2016
CMS Clarifies Off-Campus Provider-Based Billing Prohibition
New HIPAA Guidance Removes Roadblocks to Patient Access: But at What Cost to Providers?
CMS Issues Final 60-Day Overpayments Rule: It’s All About A Provider’s Risk Tolerance
2015
CMS Clarifies “Incident-To” Billing Rules: Billing Physician Must Supervise Incident-To Services
2023
- Legal Issues in Nursing – How to Stay out of Court and Jail (AORN KC New Trends in Health Care 2023 Conference & Vendor Fair)
2022
- Disruptive Provider Behavior: To Manage or Discipline? That is the Question (Health Law Institute, Foulston Siefkin LLP)
- HIPAA Haiku (Health Law Institute, Foulston Siefkin LLP)
- Legislation, Litigation, and Other Trends (Health Law Institute, Foulston Siefkin LLP)
- HIPAA 2022 Review (Great Plains Health Alliance, Inc., Sunflower Health Network, Med-OP, and Pioneer Health Network’s HIPAA Network Meeting)
- What To Do After an Adverse Event (Client Presentation)
- Medication Management, Safety, Diversion, & Impact (Client Presentation)
- A Social Service Director's Role in Conducting Investigations (Client Presentation)
- Fraud and Abuse: Bad Boys, Bad Boys, Whatcha Gonna Do When They Come For You? (Foulston Siefkin LLP, Health Law Institute Webinar Series)
- Meeting in the Middle: The Expanding Role of Advanced Practice Practitioners (Foulston Siefkin LLP, Health Law Institute Webinar Series)
- Contracting with Physicians, Other Practitioners, and Other Key Service Providers and Suppliers (Foulston Siefkin LLP, Health Law Institute Webinar Series)
- Medical Group Organizational Documents and Physician Arrangements - Part 1 (MGMAKS Fall Conference)
- Medical Group Organizational Documents and Physician Arrangements - Part 2 (MGMAKS Fall Conference)
- 2022 Year in Review (HINK Board of Directors Meeting)
- HIPAA Hustle (KHIMA Fall Meeting)
- The Compliance Cha-Cha (Foulston Siefkin LLP, Health Law Institute)
- Legislation, Litigation, and Other Trends (Foulston Siefkin LLP, Health Law Institute)
- Board Investigations 101: Anatomy of Professional Licensing Board Investigations (Health Law Institute, Foulston Siefkin LLP)
- Successful Physician Contract Negotiation (University of Kansas School of Medicine’s Rural Health Education and Services)
2021
- HIPAA Hustle (Foulston Siefkin LLP, Health Law Institute Webinar Series)
- Stump the Panel (Foulston Siefkin LLP, Health Law Institute Webinar Series)
- Section 1557 Compliance Transgender Individuals and Healthcare (Client Presentation)
- HIPAA Update (Kansas Hospital Association, Virtual Convention and Trade Show)
- The Accuracy of the Medical Record (Client's Leadership Conference)
- HIPAA: Let's Review Where We Are At (Great Plains Health Alliance, Inc., Sunflower Health Network, Med-OP, and Pioneer Health Network's HIPAA Network Meeting)
- EMTALA, HIPAA, and Stark Law (Client's Emerging Leaders Program)
- What's Next? Information Blocking Compliance (Missouri Rural Health Association, Annual Conference)
- Keep Calm and Compliance On - Compliance Basics and Beyond (Missouri Rural Health Association, Annual Conference)
- HIPAA Security Assessments (Client's Nursing and Quality Leader and Supply Chain Conference)
- HIPAA Breach Notification Manual and Information Blocking (Client Presentation)
- Information Blocking and Beyond (Kansas Hospital Association Noon Briefing)
- Money for Nothin’ and Your Grief for Free (Foulston Siefkin LLP, Health Law Institute Webinar Series)
- Legislation, Litigation, and Other Trends (Foulston Siefkin LLP, Health Law Institute Webinar Series)
- Critical Access Hospital Systems (Foulston Siefkin LLP, Health Law Institute Webinar Series)
- Stark Law and Anti-Kickback Statute Regulatory Changes: Value-Based Payment Models and Beyond (Foulston Siefkin LLP, Health Law Institute Webinar Series)
- Health Law Update (HINK Board of Directors Meeting)
- Vaccines & Masks & Surveys, Oh My! COVID-19 Issues from an Employment and Health Law Perspective (Foulston Siefkin LLP, Health Law Institute Webinar Series)
- HIPAA Breach Notification Manual and Information Blocking (Great Plains Health Alliance, Inc.)
- Ethical Fairy (and Scary) Tales (Greater Kansas City Society of Healthcare Attorneys)
- Let’s Talk Telemedicine (Foulston Siefkin LLP, Health Law Institute Webinar Series)
- Ethics in Healthcare (Presbyterian Manors of Mid-America, Social Service Directors Conference)
2020
- HIPAA Hero (2020 Virtual InterHab PowerUp! Conference)
- Legal and Ethical Issues Confronting Social Workers (Client’s Leadership Conference)
- Information Blocking and Beyond: What Healthcare Providers Need to Know (Foulston Siefkin LLP, Health Law Institute Webinar Series)
- 2019 OIG Work Plan and Rural Examples (Kansas Hospital Association, Corporate Compliance Workshop)
- Ethical Dilemmas; How to Manage Disruption in the Workplace (Kansas Hospital Association, Corporate Compliance Workshop)
- Unmasked: Healthcare Litigation Trends of 2020 and What We Can Learn from Them (Foulston Siefkin LLP, Health Law Institute Webinar Series)
- Non-Economic Damage Caps In Kansas After Hilburn v. Enerpipe (Johnson County Bar Association, Webinar CLE)
- The COVID-19 Impact on Health Law (Foulston Siefkin LLP, Health Law Institute Webinar Series)
- New Federal Laws in the Time of COVID-19 (Overland Park Chamber of Commerce)
- Once Upon a Time: Ethical Fairy (and Scary) Tales (Foulston Siefkin LLP, Corporate Counsel Series: Ethics 2020)
2019
- Compliance 101: Creating a Culture of Compliance (Missouri Rural Health Conference)
- Practical Approaches to Behavioral Healthcare in Emergency Departments (Missouri Rural Health Conference)
- HIPAA Hero (Foulston Health Law Institute)
- The Top 10 Healthcare Issues to Watch in the Coming Year (Foulston Health Law Institute)
- Documentation Do's and Don'ts (Great Plains Health Alliance, Inc., DON/HIM/SSB/LTC Roundtable)
- Privacy/Breach Review (Great Plains Health Alliance, Inc., Sunflower Health Network, Med-OP, and Pioneer Health Network's HIPAA Privacy and Security Updates Conference)
- Risk Management, EMTALA, and Damage Caps (Great Plains Health Alliance, Inc. Risk Management Roundtable)
- Compliance, Risk Management, and Other Legal Issues and Trends (Client's Leadership Conference)
- OCR Phase 2 Audits: What We Learned From the Regulators and What We Didn't (Kansas Health Information Management Association Annual Meeting)
- Improving Risk Management & Compliance (Client’s Nursing and Supply Chain Conference)
- Keep Calm and Compliance On: Creating a Culture of Compliance (Great Plains Health Alliance, Inc. CEO Roundtable)
- Storms They Are Abrewing: CMS’ Final Rule on Emergency Preparedness Requirements & Managements Plans (2019 South Central Kansas Health & Medical Symposium)
- The DOJ, FCA, and ACA, Oh My! Healthcare Just Got Scarier, but There Might be a Rainbow Out There Somewhere (Foulston Siefkin LLP, Health Law Institute)
- Vendor Contracting Fallout (Foulston Health Law Institute)
- The Top 10 Healthcare Issues to Watch in the Coming Year (Foulston Health Law Institute)
- "Is This Thing On?" Lawyers Who Talk Too Much and Other Ethical Mishaps (Greater Kansas City Society of Healthcare Attorneys)
- Emerging Issues in Telehealth (Greater Kansas City Society of Healthcare Attorneys)
- Do Not Block: The New Information Blocking Rule (Foulston Siefkin LLP, Health Law Institute)
- The Top 10 Healthcare Issues to Watch in the Coming Year (Foulston Siefkin LLP, Health Law Institute)
- Compliance Conundrums (Greater Kansas City Society of Healthcare Attorneys)
- Risk Management, EMTALA, and Damage Caps (Great Plains Health Alliance, Inc., Risk Management Roundtable)
- Practical Approaches to Behavioral Healthcare in Emergency Departments (Missouri Rural Health Association)
- Hungry, Hungry HIPAA (Kansas Women Attorneys Association, 30th Annual Lindsborg Conference)
- "Is This Thing On?" Lawyers Who Talk Too Much and Other Ethical Mishaps (Foulston Siefkin LLP, Corporate Counsel Series: Ethics 2019)
- Keep It Secret; Keep It Safe: HIPAA Privacy and Security Update (Greater Kansas City Society of Health Attorneys)
2018
- HIPAA (Great Plains Health Alliance, Inc. CEO Roundtable)
- Keep It Secret; Keep It Safe: HIPAA Privacy and Security Update (Foulston Siefkin Health Law Institute)
- Compliance Conundrums (Foulston Siefkin Health Law Institute)
- Compliance/HIPAA Update (Client's Leadership Conference)
- Privacy/Breach Review (Great Plains Health Alliance, Inc., Sunflower Health Network, Med-OP, Pioneer Health Network, HIPAA Update)
- The Top Ten Things We Just Don't Say in Healthcare (Foulston Siefkin LLP, Health Law Institute)
- Conscientious Refusal of Care vs. Access to Care: The Role of Religion in Healthcare (Foulston Siefkin LLP, Health Law Institute)
- A Closer Look at Fair Market Value and Commercial Reasonableness (Foulston Siefkin LLP, Health Law Institute)
- The Use of the False Claims Act in Government Investigations (WSU Barton School of Business, Accounting and Auditing Conference)
- Buyer Beware: Tips for Contracting with Vendors (Foulston Siefkin Health Law Institute)
- Physician Contract Negotiation (University of Kansas School of Medicine, Family Medicine Educational Retreat)
- Physician Contract Negotiation (University of Kansas School of Medicine, Educational Residency Retreat for Emergency Room Residency)
- HIPAA vs. C.F.R. Part 2: Practical Guidance for Disclosing Behavioral Health Information (Foulston Siefkin LLP, Health Law Institute)
- Health Care in the USA (Kansas Women Attorneys Association, 29th Annual Lindsborg Conference)
- Who Wants to Be an Ethical Lawyer? (Foulston Siefkin LLP, Ethics Seminar for Corporate Counsel)
2017
- Privacy/Breach Review (Great Plains Health Alliance, Inc., Sunflower Health Network, Med-OP, Pioneer Health Network, HIPAA Update)
- EMTALA Refresher 101 (Great Plains Health Alliance, Inc., Director of Nurses, Health Information Managers, and Swing Bed Directors Roundtable)
- Hungry, Hungry HIPAA (Foulston Siefkin Health Law Institute)
- Compliance Gotchas and Emerging Risk Areas (Foulston Siefkin Health Law Institute)
- No Such Thing as a Routine Chart Audit Request from a Medicare or Medicaid Contractor (Foulston Siefkin Health Law Institute)
- HIPAA Update: Enforcement, Security, Audits, & More (Kansas Bar Association Health Law CLE)
- Compliance Landmines (Foulston Siefkin Health Law Compliance Forum)
- The 2017 National Health Care Fraud Takedown – Lessons and Response (Foulston Siefkin LLP, Kansas Health Law Institute)
- Ethics Minefields Created by the Yates Memo (Foulston Siefkin Kansas Ethics Seminar for Corporate Counsel)
- Trump/Repeal and Replace? The Future of Health Care (Foulston Siefkin LLP, Kansas Health Law Institute)
- MIPS, APMs, and other MACRAnyms: The Futue of Quality (Foulston Siefkin LLP, Kansas Health Law Institute)
- Physician Compensation Arrangements: Those that Violate Stark, Those That Don’t, and Those That Are Debatable (Foulston Siefkin Kansas Health Law Institute)
- Opioids Under Fire: Risks, Reporting Obligations, and Documentation (Foulston Siefkin Health Law Institute)
- Physician Contract Negotiation (University of Kansas School of Medicine, Family Medicine Educational Retreat)
- Physician Contract Negotiation (University of Kansas School of Medicine, Educational Residency Retreat for Emergency Room Residency)
- Storms They Are A-Brewing: CMS’ Final Rule on Emergency Preparedness Requirements and Management Plans (Foulston Siefkin LLP, Health Law Institute)
- HIPAA Update: Enforcement, Security, Audits, & More (Kansas Bar Association, Health Law CLE)
- Compliance Programs 101 (Foulston Siefkin LLP, Health Law Compliance Forum)
- Creating a Culture of Compliance (Foulston Siefkin LLP, Health Law Compliance Forum)
- Compliance Questions You Always Wanted to Ask, But Were Afraid To (Foulston Siefkin LLP, Health Law Compliance Forum)
2016
- HIPAA Security Survival: Enforcement, Ransomware, and Texting (Foulston Siefkin Health Law Institute)
- HIPAA Privacy Pitfalls: Patient Access, Copy Charges, and Subpoenas (Foulston Siefkin Health Law Institute)
- Section 1557 Nondiscrimination Rules (Foulston Siefkin Health Law Institute)
- Anatomy of an Office for Civil Rights Complaint (HIMSS, Spring 2016 Education Conference)
- The Anatomy of an Actual OCR Investigation (Kansas Health Information Management Association (KHIMA), Spring Meeting)
- Current HIPAA Security Landscape (Kansas Adult Care Executives (KACE), Tanner-Foster Conference)
- Ethics Minefields Created by the Yates Memo (Foulston Siefkin LLP, Ethics Seminar for Corporate Counsel)
- Section 1557 Nondiscrimination Rules (Foulston Siefkin LLP, Kansas Health Law Institute)
- Risk Management Overview (Foulston Siefkin LLP, Kansas Health Law Institute)
- Alternate Payment Arrangements (Foulston Siefkin LLP, Kansas Health Law Institute)
- Enforcement Initiatives: OIG Work Plan, Yates Memo, and Implied Certification Case Update (Foulston Siefkin Kansas Health Law Institute)
- Corporate Practice of Medicine (Foulston Siefkin Kansas Health Law Institute)
2015
- Practical Guidance in Handling Overpayments in Light of 60-Day Repayment Rule Case (Foulston Siefkin, Kansas Health Law Institute)
- Current HIPAA Security Landscape (Foulston Siefkin, Kansas Health Law Institute)
- EHR Liabilities: Minimizing Risk (Kansas Health Information Management Association (KHIMA), Spring Meeting)
- HIPAA: What Do Self-Insured Employers Need to Know? (Kansas SHRM, KSSHRM 2015 Conference)
- Medicare Provider Enrollment – Traps for the Unwary (Foulston Siefkin LLP, Kansas City Health Law Institute)
- HIPAA Security: Focus on Integrated Management of Security Issues (Foulston Siefkin LLP, Kansas City Health Law Institute)
- Documentation Reminder for Split/Shared Visits, Incident to Services, and Scribes (Foulston Siefkin LLP, Kansas Health Law Institute)
- Freedom to Practice the Healing Arts: Antitrust and Scrutiny of State Health Care Boards (Foulston Siefkin LLP, Kansas Health Law Institute)
- Issues Hidden in the Weeds for Health Care Providers (Foulston Siefkin LLP, Kansas City Health Law Institute)
- Kansas Law Changes to Medical Records, County Hospital Clinics & More (Foulston Siefkin LLP, Kansas Health Law Institute)
- King v. Burwell (Foulston Siefkin LLP, Kansas Health Law Institute
- Transforming American Healthcare from a pee-for-services System to a Pay-for Value Delivery Model (Foulston Siefkin LLP, Kansas Health Law Institute)
- Update on Payment and Reimbursement Issues Including an Update on Bundled Payment Initiatives (Foulston Siefkin LLP, Kansas Health Law Institute)
- Kansas Law Changes to Medical Records, County Hospital Clinics & More (Foulston Siefkin LLP, Health Law Institute)
- Good News, Bad News: Proposed Changes to Stark Law and Incident-To Rule (Foulston Siefkin Kansas Health Law Institute)
- Top 10 Recent Developments in Health Law (Foulston Siefkin Kansas Health Law Institute)