Brooke Bennett Aziere

Brooke Bennett Aziere

Partner

Wichita

1551 N Waterfront Pkwy #100
Wichita, KS 67206

T: 316.291.9768
F: 866.346.1939

baziere@foulston.com

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Profile

Ms. Aziere is a partner and member of Foulston Siefkin’s Health Law Practice Group.  She has experience representing a wide variety of health care clients, including hospitals, ambulatory surgery centers, durable medical and orthotics suppliers, third party billing companies, physicians, and other licensed health care providers.  Her health law practice includes assisting providers with Medicare and Medicaid (KanCare) reimbursement, negotiating managed care (KanCare), drafting and implementing compliance programs, and advising clients on the Medicare Conditions of Participation and Conditions for Coverage, and EMTALA compliance.  She also assists health care providers and other business clients (including employee group health plans) with HIPAA compliance including the drafting and implementing of HIPAA policies and procedures and related training. She counsels providers on medical staff matters ranging from bylaws to credentialing to peer review. Risk assessment and management with attendant policy development comprises a substantial portion of Ms. Aziere’s health law practice. She also represents providers with licensure matters before state agencies and defends health care providers during government investigations and attendant regulatory or civil matters. Ms. Aziere has experience assisting Medicaid Home and Community-Based Service (HCBS) providers with licensure and regulatory issues as well as navigating managed care. 

In her Senior Care and Housing practice, Ms. Aziere handles business issues, compliance issues, administrative and regulatory issues, bioethical issues, and elder abuse issues.  She provides services to clients involved with the entire continuum of long-term care and housing, including assisted living facilities, independent living communities, Alzheimer facilities, skilled nursing facilities, and home-pluses, dealing with admission agreements, licensure, physician relationships, policies, risk management, delivery of care, and managed care (KanCare).

Ms. Aziere also litigates a variety of cases in state and federal courts and before administrative agencies. She has successfully represented physicians, dentists, nurses, and other health care professionals before licensure boards and assisted her clients in medical negligence cases, tort cases, contract cases, and commercial disputes.

Ms. Aziere has been selected by her peers for inclusion in the Missouri & Kansas Super Lawyers® Rising Star list.  She is a frequent lecturer on health law topics. She is a member of the American Health Lawyers Association and the Kansas Association of Hospital Attorneys.

Education

  • University of Kansas (J.D., 2003)
    Order of the Coif; magna cum laude; Faculty Award for Outstanding Scholastic Achievement; Phi Kappa Phi Honor Society; Articles Editor - Kansas Law Review
  • Friends University (B.A. in Political Science and History, 2000)
    summa cum laude

Admissions

  • U.S. Court of Appeals for the Tenth Circuit (2010)
  • U.S. District Court for the District of Kansas (2003)
  • Kansas (2003)
Community Involvement
  • The Pando Initiative (formerly Communities in Schools), Board of Directors
  • Wichita Crime Commission, 2011-2015
  • American Heart Association, Board of Directors, 2010-2011
  • City of Haysville, Historic Committee
  • Wichita Habitat for Humanity, Wonder Week 2010
  • TFI Family Services Wichita Community Resource Council, 2007-2008
  • American Diabetes Association Leadership Council, 2005-2007
Relevant Experience
  • Represented institutional and individual health care providers in investigations and negotiations with the U.S. Department of Health and Human Services, Office of Inspector General and the U.S. Attorney’s Office for the District of Kansas.
  • Assisted health care providers and long-term care providers with the development, revision, and implementation of compliance programs and HIPAA policies.
  • Assisted business clients with the development, revision, and implementation of HIPAA policies for their group health plans.
  • Represented health care providers, senior housing providers, and child placing agencies in Kansas administrative proceedings involving licensure issues.
  • Advised and assisted health care providers and long-term care providers with internal investigations related to HIPAA, data security breaches, Medicare and Medicaid reimbursement, false claims, the Anti-Kickback Statute, and other compliance matters.
  • Represented individual health care providers in peer review matters.
  • Advised health care providers on Medicare certification and facility licensure.
  • Advised and assisted health care providers and HCBS providers with negotiation of managed care contracts (e.g., KanCare).
  • Represented health care providers in RAC appeals.
  • Represented health care providers and HCBS providers in Kansas administrative proceedings involving Medicaid (KanCare) appeals.
  • Assisted hospitals, clinics, home health providers, long-term care facilities and other provider and supplier types with Medicare and Medicaid enrollment including change of ownership.
  • Advised and assisted hospitals with development and implementation of medical staff bylaws.
  • Advised hospitals on EMTALA matters.
  • Represented health care providers during Office for Civil Rights investigations related to HIPAA compliance and Section 1557.
  • Defense counsel in a breach of contract case relating to an employment agreement between a physician and physician group.  The plaintiff alleged that the physician group breached the employment agreement by suspending his salary and denying severance after terminating the agreement. The physician group counterclaimed for damages stemming from the physician providing professional services to another medical facility which was prohibited by the physician’s agreement. Obtained summary judgment dismissing the plaintiff’s claim and granting the physician group’s counterclaim. Totonelly v. Galichia Medical Group, P.A., Case No. 6:09-CV-01234-JTM-KMH (D. Kan. Feb. 27, 2012).
Professional Memberships, Affiliations, and Honors
  • Selected by peers for inclusion in Missouri & Kansas Super Lawyers® Rising Star List, 2010-2016 (a Thomson Reuters business)
  • Wichita Business Journal 40 Under 40 Business Leader, 2014
  • Wichita Business Journal / Kansas Leadership Center Emerging Leader, 2015; Emerging Leaders Panelist, December 10, 2015
  • Wichita Business Journal Bizwomen Mentoring Monday, Mentor, 2017
  • Wichita Business Journal Career Women, 2017
  • American Bar Association
  • Wichita Bar Association, Law in Education Committee
  • Wesley E. Brown American Inn of Court, 2008-2015, Executive Committee, 2012-2013
  • American Health Lawyers Association
  • LeadingAge Kansas
Presentations

2017

  • HIPAA Update: Enforcement, Security, Audits, & More, Co-Presenter (KBA Health Law CLE)
  • Compliance Landmines (Foulston Siefkin Health Law Compliance Forum)
  • Creating a Culture of Compliance, Co-Presenter (Foulston Siefkin 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, Co-Presenter (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)

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)

2014

  • PECOS, Provider Enrollment, and Changes to Medicare Information – Traps for Unwary (Foulston Siefkin LLP, Kansas Health Law Institute)
  • Living in the Real World: Case Studies on How to Handle Potential Overpayments and False Claims (Foulston Siefkin LLP, Kansas Health Law Institute)
  • HIPAA Security takes Center Stage (Foulston Siefkin Kansas Health Law
  • Institute)
  • Electronic Health Records: Minimizing Risk (KACE, Annual Convention)

2013

  • CMS Taketh Away: Readmissions & Inpatient Denials (Fouslton Siefkin LLP, Health Law Institute)
  • HIPAA Hostility: Breach Notification, Audits & Enforcement (Foulston Siefkin LLP, Health Law Institute)
  • ObamaCare and Changes to Medicare and Medicaid (Wichita Bar Association’s Disability Law and Medicare and Medicaid)
  • The Final HIPAA Regulations Are Here: What Does This Mean For Your Practice? (KMGMA Spring Conference)
  • Basic Security and Privacy Changes (Foulston Siefkin LLP, HIPAA MegaRule Decoded: Health Care Providers Forum)

2012

  • HIPAA (Foulston Siefkin Kansas Health Law Institute)
  • Off Label Drugs – What Providers Need to Know (Foulston Siefkin Kansas Health Law Institute)
  • Medicare With and Without ObamaCare:  Constitutionality of the Affordable Care Act (Wichita Bar Association’s Disability Law and Medicare)
  • Providers Beware: CMS Issues Proposed Overpayments Rules and They Are Not What We Expected (KAASC, Spring Seminar)
  • Providers Beware: CMS Issues Proposed Overpayments Rules and They Are Not What We Expected (KMGMA, Spring Conference)

2011

  • Back to Compliance 101: Cultivating a Culture of Compliance (Kansas Adult Care Executives, A Legal Symposium for Adult Care Executives)
  • Back to Compliance 101: Cultivating a Culture of Compliance (Foulston Siefkin, Kansas Health Law Institute)
  • HIPAA Update Roundtable Discussion (Kansas Association of Healthcare Communicators Spring Conference)
  • HIPAA 2011 (Foulston Siefkin, Kansas Health Law Institute)

2010

  • A Potpourri of Disability Law, "The Impact of Health Reform on Medicare" (Wichita Bar Association)
  • HITECH - Electronic Health Records and HIPAA Security (Foulston Siefkin, Kansas Health Law Institute)

2008

  • Torts Section, Video Presentation (Kansas Bar Association's Kansas Legislative and Case Law Institute)
  • HIPAA - Anatomy of a Citation (Foulston Siefkin, Kansas Health Law Institute)

2007

  • Torts Section, Video Presentation (Kansas Bar Association's Kansas Legislative and Case Law Institute)

2006

  • Everything You Wanted to Know About Lawsuits But Were Afraid to Ask (Foulston Siefkin Health Law Institute)
Publications

2016

  • Health Law Chapter
    -Kansas Bar Association's 2016 Annual Survey

2015

  • Health Law Chapter
    -Kansas Bar Association's 2015 Annual Survey

2014

2013

  • Health Law Chapter
    -Kansas Bar Association's 2013 Annual Survey
  • Foulston Siefkin HIPAA Privacy Implementation Handbook for Health Care Providers

2012

  • Health Law Chapter
    -Kansas Bar Association's 2012 Annual Survey
  • Torts Chapter
    -Kansas Bar Association's 2012 Annual Survey

2011

  • Torts Chapter
    -Kansas Bar Association's 2011 Annual Survey

2010

  • Torts Chapter
    -Kansas Bar Association's 2010 Annual Survey

2009

  • Torts Chapter
    -Kansas Bar Association's 2009 Annual Survey

2008

  • Torts Chapter
    -Kansas Bar Association's 2008 Annual Survey

2007

  • Torts Chapter
    -Kansas Bar Association's 2007 Annual Survey

2002

  • The Clash Between Workers' Compensation Benefits and Underinsured Motorist Benefits Under Kansas Law
    -The University of Kansas Law Review, Vol.51, No. 1
  • Court Holds Employer Liable for Supervisor’s Sexual Demands
    -Kansas Employment Law Letter, Vol. 9, No. 6