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Ms. Kudner's practice is devoted to the representation of health care facilities, practitioners and managed care organizations in corporate, regulatory and compliance matters. Ms. Kudner is Chairperson of the Firm's HIPAA Task Force and a member of the Firm's Insurance and Biotechnology/Life Sciences Teams.
Experience
Corporate Transactions
Advise health care providers in structuring businesses and transactions to comply with the law and payor requirements and maximize reimbursement. Represent providers in mergers and acquisitions, joint ventures and affiliations.
Hospital-Physician Arrangements
Advise regarding application of tax, Stark and anti-kickback laws to hospital-physician contracts, physician recruitment programs, joint ventures and acquisitions.
Tax Exemption
Advise regarding private inurement and private benefit, private use, UBIT, and excess benefit transactions. Represent tax exempt organizations in bond financings and commercial loans. Represent tax exempt organizations in IRS audits and investigations.
Biotechnology
Counsel regarding compliance with FDA and DHHS requirements, including required approvals, labeling, informed consent and IRB. Review and negotiate clinical research, collaboration, license and technology transfer contracts and policies and procedures. Prepare 510(k) applications. Advise regarding reimbursement and tax issues related to clinical research.
Compliance
Draft and review compliance program manuals and policies and procedures. Advise compliance committees on internal and external audits, investigations and disclosures. Counsel regarding overpayment and appeal of Medicare, Medicaid and other third party payor reimbursement decisions.
Information Privacy and Security
Counsel providers, managed care organizations, insurance companies and employers regarding HIPAA compliance. Draft and review HIPAA forms, policies and procedures and business associate and trading partner contracts. Conduct HIPAA compliance audit programs. Advise regarding application of and compliance with Gramm Leach Bliley Act. Advise regarding use and disclosure of individual information and identity theft.
Electronic Health Records
Advise regarding development and implementation of electronic health records systems. Draft and review vendor agreements. Advise regarding tax and fraud abuse issues.
Managed Care and Insurance
Counsel regarding licensure and regulatory matters. Review and negotiate managed care and insurance contracts on behalf of providers, managed care organizations and commercial insurers. Counsel regarding formation of PHOs, MSOs and POs.
Physician Practices
Advise regarding establishing and acquiring physician practices, including corporate documents and practice forms and policies. Draft employment contracts, office leases and office sharing agreements.
Reimbursement
Advise regarding third party reimbursement and represent clients in provider audits and appeals.
EMTALA
Counsel regarding compliance with EMTALA. Draft policies and procedures and consent and transfer forms. Advise regarding complaints and CMS surveys. Conduct EMTALA compliance audits.
Prior to her law career, Ms. Kudner was an administrator of a rural medical and dental health care system in Nevada and served as a Peace Corps Volunteer in the Philippines.
Seminars and Speeches
5/2007 Improving How to Evaluate and Understand the Managed Care Contracting Process, 7th Network Contract Optimization, Las Vegas, NV
4/2007 Prevent, Detect and Defend Against Medical Identity Theft, Health Care Financial Management Association, Midland, MI
4/2007 Update on HIPAA, Medical Office Managers Organization, Ann Arbor, MI
4/2007 Background, Benefits and Liabilities in Electronic Health Records, Stafford Teleconference, Detroit, MI
3/2007 Health Care 101, Institute for Continuing Legal Education, Troy, MI
2/2007 Issues Faced by Health Care Organizations with Electronic Health Records - Part I: Overview of Issues Raised and Part II: Liabilities, Lorman Teleconference, Detroit, MI
10/2006 Improving How to Evaluate and Understand the Managed Care Contracting Process, 7th Network Contract Optimization, Boston, MA
10/2006 Tax Exempt Bond Financing - Impact on Day-to-Day Operations, Health Care Financial Management Association, Detroit, MI
9/2006 HIPAA Basics, Lorman Seminar, Chicago, IL
4/2006 HIPAA, Lorman, Chicago, IL
3/2006 Electronic Medical Records, Chicago, IL
10/2004 Dealing with Stricter Regulations and Understanding Legal Relationships, Network Contract Optimization, Chicago, IL
4/2004 Emerging Issues in Managed Care Contracting, Health Care Financial Management Association, Midland, MI
3/2004 Usual & Customary Contract Language, Charges and Reimbursement Rates, Network Contract Optimization, Las Vegas, NV
3/2004 Basics of Reimbursement, Institute for Continuing Legal Education, Troy, MI
10/2003 HIPAA: What it Means to You, Association of PeriOperative Registered Nurses, Ann Arbor, MI
6/2003 HIPAA for Employers, Harbor Benefit Services, Ann Arbor, MI
5/2003 Point/Counterpoint Managed Care Contracting Issues, Blue Cross Blue Shield Association, Santa Fe, NM
4/2003 Medical Research Compliance, Health Care Financial Management Association, Midland, MI
3/2003 EMTALA, Institute for continuing Legal Education, Troy, MI
1/2003 Regulatory Compliance, MichBio, Ann Arbor, MI
9/2002 Will Your Marketing Department Be Ready to Comply with HIPAA?, Society for Healthcare Strategy and Marketing Development, American Hospital Association, Atlanta, GA
5/2002 Point/Counterpoint: Advanced Managed Care Contracting Issues, American Health Lawyers Association/American Association of Health Plans, Colorado Springs, CO
Publications
2007 Health Care Laws, Thought Leadership, "Negotiating the Rolling Landscape of Regulatory Compliance," Aspatore Books
2006 Health Care Laws, Inside the Minds, "Keeping Yourself Compliant," Aspatore Books
2000 Managed Care Contracting Handbook, "Chapter on Insurance and Indemnification," American Health Lawyers Association
1997 Treatise on Health Care Corporate Law (and 1998 supplement), "Chapter on Public Hospitals ," Little Brown Publishing
Professional Associations
Member, American Health Lawyers Association
Health Law Council, Michigan Bar Association (Member 1999-2004, Chair 2003-2004)
Member, Health Care Financial Management Association
Member, Michigan Society of Hospital Attorneys
Civic and Cultural Involvements
Member, Board of Trustees, Crittenton Hospital Medical Center
Member, Board of Directors, Arbor Hospice Foundation
Awards
The Best Lawyers of America, Health Care (2001-2007)
Michigan Super Lawyers (2006).
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