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Kimberly J. Kannensohn

Partner

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Practices
Industries
Education
  • Harvard Law School, JD, 1990
  • University of Michigan, BA, magna cum laude, 1987
Admissions
  • Illinois
Affiliations

Member, American Health Lawyers Association

Tutor, Chicago Lights Partners in Education Tutoring Program

Volunteer, University of Michigan Club of Chicago Scholarship Committee

Kimberly focuses her practice on the provision of corporate, regulatory and compliance counseling to healthcare and life sciences companies. The cornerstone of her practice is providing guidance to clients regarding HIPAA and the HITECH Act, Medicare and Medicaid fraud and abuse laws, the Stark Law, Medicare coverage and reimbursement rules, and state healthcare laws and regulations. She regularly assists providers in the development and implementation of corporate compliance programs, in responding to government investigations and in contract negotiations. Her clients include mobile healthcare providers, physicians and physician associations, medical schools, retail pharmacies, medical device manufacturers, durable medical equipment companies, and dialysis providers.

Kimberly was instrumental in the development of a new and innovative funding model which allows life sciences companies to support medical research, graduate medical education and CME without running afoul of federal and state anti-fraud laws. The model has been utilized by life sciences companies to support research and education in various medical specialties, including orthopaedics, neurosurgery and spine care. As a corollary to this effort, Kimberly assists medical schools and other providers in establishing conflict of interest policies and other organizational mechanisms to evaluate and manage direct industry support for research and education as well as other industry relationships.

Kimberly routinely represents clients in criminal and civil investigations based upon alleged violations of the Medicare and Medicaid program rules. She has represented providers in survey and certification proceedings, qui tam litigation based upon alleged violations of the Medicare billing rules, and in prepayment and post-payment audits by government contractors and commercial payors. She also counsels clients in addressing alleged breaches under HIPAA and the HITECH Act, and in responding to complaints filed under HIPAA with the Office for Civil Rights. She has significant experience in developing practical approaches to HIPAA compliance which are consistent with an organization's operational objectives.

Kimberly is a regular speaker at corporate seminars, webinars and industry conferences. She serves as co-chair of McGuireWoods annual Medical Device, Durable Medical Equipment and Diagnostics Conference. She also writes frequently on various health law topics, as represented by the following recent articles: "HIPAA and HITECH Proposed Regulations Released," "HHS Issues Regulations Regarding Notification of Breaches of Unsecured Protected Health Information" and "Federal Stimulus Bill Significantly Expands the Scope of HIPAA’s Privacy and Security Requirements."

vCard
T: +1 312 750 8649F: +1 312 920 3683kkannensohn@mcguirewoods.com77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

Representation of publicly traded telecommunications company in the development and implementation of a HIPAA compliance program to support its healthcare vertical.

Representation of nonprofit research and education foundation in the development and implementation of a new funding model to facilitate industry support for GME, CME and research.

Representation of osteopathic medical school, dental school and various allied health programs in establishing policies and procedures governing industry support for university-sponsored continuing education programs.

Co-author, "Urgent Care Providers Should Think Twice When Setting Copy Fees," Urgent Care Access, Urgent Care Association of America, February 13, 2014
Author, "Modifying HIPAA Disclosure Accounting Provisions," Law360, June 24, 2011
Co-author, "AdvaMed's Updated Code of Ethics and Its Impact on the Medical Devices Industry," BNA Medical Devices Law & Industry, March 11, 2009
Author, "The Use of Prescriber-Identifiable Data as a Pharmaceutical Industry Marketing Tool: Fair Game or Foul Play?," Bloomberg Corporate Law Journal, Summer 2007
Moderator, "Mobile Health Care, Health Information Exchange and Data Security," 6th Annual Medical Device and Life Sciences Conference, November 18, 2014
Moderator, "Staying Ahead of the Government: New ACA Mandates and Case Studies in Compliance," 12th Annual Business and Legal Issues in Dialysis and Nephrology Symposium, May 15, 2014
Speaker, "Updating and Perfecting Your Existing HIPAA / HITECH Privacy and Security Compliance Program," 14th National Summit on Reducing Legal Risks in the Sales & Marketing of Medical Devices, American Conference Institute, April 9 - 11, 2014
Moderator, "Healthcare IT — Still a Hot Sector and the Right Place For Your Money?," 11th Annual Healthcare and Life Sciences Private Equity and Finance Conference, McGuireWoods LLP and McGladrey LLP, February 25-26, 2014
Speaker, "Cloud Computing for Medical Device Manufacturers – HIPAA, Data Security and Contracting Issues," 5th Annual Medical Device and Life Sciences Conference: Innovation, Investing and Regulatory Issues, November 7, 2013
Speaker, "Technology Enabled Healthcare: Meaningful Use, Using EHRs, Mobile Device Technology"; Moderator, "Achieving Compliance: HIPAA and HITECH Act Privacy and Security Requirements," 11th Annual Business and Legal Issues in Dialysis and Nephrology Symposium, May 16, 2013
Speaker, "Staying Protected in the Wake of the Omnibus Final Rule," Are You Still HIPAA Compliant?, McGuireWoods HIPAA and the HITECH Final Rule Webinar Series, March 19, 2013
Speaker, "Achieving Compliance with HIPAA and HITECH Act Privacy and Security Requirements," 10th Annual Business & Legal Issues in Dialysis & Nephrology Symposium, May 10, 2012
Speaker, "HIPAA, HITECH Act and Other Compliance Issues," 9th Annual Business & Legal Issues in Dialysis & Nephrology Symposium, May 12, 2011
Speaker, "HIPAA Compliance in the Post-HITECH Act World - Preparing for the New Approach to Enforcement," HIPAA Compliance in the Post-HITECH Act World - Preparing for the New Approach to Enforcement, McGuireWoods Webinar, April 26, 2011
Speaker, "Gifts and Grantmaking: Strategies for Achieving Compliance for Medical Device Manufacturers," Advanced Medical Technology Association's Device and Diagnostics Compliance Group Meeting, April 2010
Speaker, Life Sciences Sales and Marketing Compliance Update, McGuireWoods LLP Webinar, March 17, 2009