Kate W. Hardey

Partner

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Practices
Industries
Education
  • The Catholic University of America, Columbus School of Law, JD, cum laude, 2003
  • Marymount University, MS, Healthcare Management, 1999
  • George Mason University, BA, English, 1991
Admissions
  • Virginia
  • District of Columbia
Affiliations

Board Member, Domestic Violence Legal Empowerment and Appeal Project, DV LEAP

Board of Directors, Secretary, MedStar National Rehabilitation Hospital, 2011-2013

Board of Directors, Secretary, MedStar St. Mary’s Hospital, 2011-2013

Kate is a member of the firm’s healthcare practice and focuses her practice on diverse healthcare transaction and regulatory matters. She advises clients in all types of transactions including healthcare sales and acquisitions, joint ventures, contractual affiliations, and general corporate matters as well as regulatory risks in cash flow, asset- based and life sciences lending transactions.

Kate has a combined 25 years of law firm, in-house and healthcare industry experience. Her experience includes representation of various healthcare providers including physician practices, hospitals, academic medical centers, pharmaceutical and medical device manufacturers among others. Prior to joining McGuireWoods, Kate was Senior Regulatory Counsel at a leading middle market healthcare lender where she oversaw healthcare regulatory diligence. In this position, she partnered with the risk underwriting teams to create a coordinated and streamlined diligence process. Specifically, she evaluated and advised on financial and compliance risks associated with areas such as:

  • False Claims Act investigations and litigation, investigations conducted by federal and state agencies, anti-kickback and Stark law compliance
  • State survey/certification and accreditation
  • HIPAA privacy and security
  • U.S. Food and Drug Administration (FDA) manufacturing compliance; drug and device development; pharmaceutical and medical device sales and marketing compliance; product approvals
  • Coding, billing, payor audits and revenue cycle management
  • Behavioral Health
  • Corporate practice of medicine
  • Laboratory
  • Pharmacy
  • Physician and dental practices
  • Skilled Nursing, Home Health, Hospice

Kate worked as in-house legal counsel in a large ten-hospital health system where she served on hospital boards and leadership teams. She also counseled hospital clients on a wide range of legal issues such as physician contracting and employment, transactional matters, pharmacy compliance, real estate transactions, accreditation and licensure issues, medical staff matters, patient privacy and patient care issues.

Kate was the emergency department administrator at a major academic medical center where she directed physician contracting, compliance, finance, strategic planning and hospital emergency preparedness. She received an award for turning a department deficit into a significant profit in twelve months by developing comprehensive financial analysis and payer reimbursement monitoring program.

Kate is a business-focused attorney with demonstrated leadership and strategic planning skills. Her diverse legal and healthcare practice has kept her at the forefront of critical issues affecting the healthcare industry.

"My extensive healthcare experience provides a unique perspective in counseling clients. I am able to provide clients with creative strategic solutions by considering not only the specific legal issues, but also the larger business implications."

In the News

Kate Hardey
vCard
T: +1 703 712 5337F: +1 703 712 51921750 Tysons Boulevard
Suite 1800
Tysons, VA 22102-4215

Advised on and analyzed healthcare regulatory risks for over 350 middle market cash-flow, asset-based and life science transactions for customers in all sectors of the healthcare industry.

Conducted internal compliance reviews and audits and crafted responses to civil and criminal investigations conducted by federal and state government agencies for hospital, pharmaceutical and device clients.

Advised pharmaceutical and medical device manufacturers on FDA matters including, pedigree, and state pharmacy/distribution laws, product development and labeling requirements.

Advised pharmaceutical and medical device manufacturers regarding compliance with federal and state marketing/gift disclosure laws.

Drafted policies and procedures for research and conflict of interest programs and developed compliance training materials related to the drug and device clinical trial process for a large clinical research institution.

Participated as an adjunct member of the promotional review committee for a large pharmaceutical manufacturer.

Drafted and review medical staff by-laws, physician relationship and medical staff supervision policies for various hospital clients.

Drafted various reimbursement advocacy pieces for federal health care program coverage.

Successfully resolved a Joint Commission patient complaint in favor of the hospital client.

Selected for inclusion as a "Leading Lawyer," Healthcare: Service Providers, Virginia, Legal 500 US, 2017

Moderator, "Retail Healthcare and Consumer Concepts," 12th Annual Healthcare Provider Conference; Healthcare Finance and Growth, September 12, 2017
Moderator, "Formulary Strategy for 2017 and Beyond: What PBMS and Payers are Thinking," DKBIO2017: Danish Science & the City, April 6, 2017
Speaker, "Deep Dive: Specialty and Compounding Pharmacies and Pharmaceuticals," 14th Annual Healthcare and Life Sciences Private Equity and Finance Conference, February 23, 2017
Moderator, "Business and Legal Issues in Clinical Research Arrangements," 8th Annual Pharmaceutical and Medical Device Conference, November 10, 2016
Moderator, "Healthcare Lending and Risk Mitigation," 11th Annual Healthcare Provider Conference; Healthcare Finance and Growth, October 11, 2016
Speaker, Medical Ethics: Mitigating Genetic Counselor Conflict of Interest and Legal Compliance, National Society of Genetic Counselors, May 18, 2016
Moderator, "Hot Trends in Health IT Investing," 13th Annual Healthcare and Life Sciences Private Equity and Finance Conference, February 23, 2016
Speaker, "Show Me the Money: Health Care Financing Transaction, the Diligence Process, Pitfalls, and Other Considerations," Healthcare Transactions Conference, American Health Lawyers Association, April 16-17, 2015
Speaker, What Medical Technology Sales & Marketing Should Know About Fraud & Abuse, Enforcement & Compliance, Medical Technology Learning Institute, April 15, 2010
Speaker, Vermont Prescribed Products Law: Understanding and Complying with the Strictest State Gift Ban and Disclosure Law, Medical Technology Learning Institute, October 29, 2009
Speaker, Massachusetts Pharmaceutical & Medical Device Conduct Law: Practical Advice on How to Comply, Medical Technology Learning Institute, June 11, 2009
Speaker, The Sun Shines Brightly on Industry-Provider Financial Relationships: Strategies for Responding to Demands for Increased Transparency and Accountability, Celesq Attorney Education, March 12, 2009