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."