Kathryn E. Hickner

Counsel | Co-Chair, Health Care


Practice Areas:

Kate co-chairs the firm’s health care practice group. Her experience advising clients on a wide range of health care matters affords her the depth of knowledge and breadth of experience necessary to help her clients stay ahead of the curve in a quickly changing, highly complex industry. Kate’s experience extends into nearly all areas of health care law, but she specializes in transactional matters and compliance with federal and state health care regulations, including federal Stark and state self-referral laws, federal and state anti-kickback laws, HIPAA and state privacy laws, and federal tax exempt laws. Kate’s clients include physician groups, hospitals, large health systems, retail and compounding pharmacies, accountable care organizations (ACOs), home health agencies, hospices, nursing homes, ambulatory surgery centers, medical device companies and businesses that provide practice management and related services to health care providers. She regularly publishes articles and gives presentations throughout the country regarding laws that impact the health care industry.

Education & Admissions

Education

  • University of Michigan

    (B.A., 1999)

  • Wayne State University Law School

    (J.D., magna cum laude, 2003)

    Order of the Coif; Senior Articles Editor, The Wayne Law Review

Admissions

  • State of Ohio
  • State of Michigan
  • State of New York
  • U.S. District Court, Eastern District of Michigan

Experience

  • Served as lead attorney on numerous significant health care transactional matters, including acquisitions, divestitures, and joint ventures.
  • Drafted legal opinions, policies, and procedures to ensure compliance with Medicare enrollment requirements, and federal and state health care fraud and abuse laws, including federal Stark and state self-referral laws, federal and state anti-kickback laws, HIPAA and state privacy laws, federal tax exempt laws, and industry best practices.
  • Served as lead attorney in private securities offerings by ambulatory surgery center, physician-owned hospital and hospital co-management companies.
  • Served as a firm, local and national resource regarding federal health care reform and physician-hospital alignment.
  • Drafted and negotiated numerous procurement contracts for a large health system.
  • Acted as primary attorney contact for real estate leasing departments of hospitals.
  • Organized and served as regulatory counsel for Medicare ACOs.

Publications & Presentations

Publications

Presentations

  • “Medical Marijuana: Are You Ready?” Ulmer Litigation Conference (September 2017)
  • “Health Care Regulatory Update,” Associated Builders and Contractors, Inc., ABC Legal Day (March 2017)
  • “Physician Compensation Data: Questions and Answers for the Era of Value Based Reimbursement, Part II: A Conversation with Representatives of Medical Group Management Association (MGMA),” American Health Lawyers Association Webinar (August 2016)
  • “Practical Guidance for Addressing Physician Licensure Disciplinary Matters in Florida, New York, and Beyond,” Physician In-House Counsel Affinity Group of the In-House Counsel and Physician Organizations Practice Groups (Moderator, May 2016)
  • “Breaking Up Is Hard To Do: An Unwind Checklist for a Smoother Transition,” American Health Lawyers Association, Physicians and Hospitals Law Institute (February 2016)
  • “What’s In Your Physician Employment Contract?” Ohio State Medical Association, Webinar (January 2016)
  • “Complying with the New ACA Reporting Requirements for Employers,” American Health Lawyers Association (November 2015)
  • “My Contract Says WHAT? Issues with Physician Employment Agreements,” Ohio State Bar Association (September 2015)
  • “Current Impact of the Affordable Care Act,” Tax Club of Cleveland (September 2015)
  • “Population Health Management: Strategies and Transaction Considerations,” American Health Lawyers Association, Webinar (July 2015)
  • “Regulatory Perspective: Knowing the Risks to Your ACO and Avoiding Potential Pitfalls,” ACO Performance Management, Contracting, & Compliance Summit (October 2014)
  • “Health Law 101: A Health Law Overview for Non-Health Law Attorneys,” Law ReviewCLE Webinar (October 2013)
  • “Health Care Reform: Practical Guidance From a Legal Perspective,” Michigan Orthopedic Managers Association (September 2013)
  • “Transitioning to Accountable Care Organizations: Legal Issues Arising from Health Information Technology,” Michigan State Medical Society (September 2013)
  • “Developing and Implementing Corporate Compliance for Accountable Care Organizations,” Health Care Compliance Strategies, Inc. Webinar (January 2013)
  • “Building Patient Centered Medical Homes,” 2012 American Academy of Medical Administrators Conference,” (November 2012)
  • “Marketing and Joint Ventures,” Roundtable Moderator, Medtrade (October 2012)
  • “ACOs: What to Expect; What to Avoid,” Lake Success (October 2012)
  • “Overview of Health Care Delivery Models From a Legal Perspective,” Cleveland Clinic Lerner College of Medicine (November 2011)
  • “Practice Integration: Not If, But How,” American College of Gastroenterology 2011 Annual Scientific Meeting and Postgraduate Course (October 2011)
  • “Health Care Reform: The Push for Quality, Efficiency and Integration,” HCAM/MCAL Annual Convention & Expo (October 2011)
  • “How to Align Without a Sale,” Decision Health Physician-Hospital Alignment Strategies 2011 (June 2011)
  • “What Physicians Should Know About Healthcare Reform for Their Practices,” AHLA and PNC Healthcare Reform VIP Event (December 2010)
  • “Hospital/Physician Alignment – New Health Care Delivery Models Under the Affordable Care Act,” State Bar of Michigan Health Law Section Teleconference (November 2010)
  • “Healthcare Reform: The Push for Quality, Efficiency, and Integration,” GTCbio’s Healthcare Reform: Dealing with Hurdles and Building Up Successes Conference (November 2010)
  • “RAC and Medicare Audits,” National City Bank (February 2010)

Involvement

PROFESSIONAL AFFILIATIONS

  • American Health Lawyers Association (Vice Chair of Publications of the Physician Organizations Practice Group, 2016-2018; Vice Chair, Physician In-House Counsel Affinity Group, 2015-2016)
  • Cleveland Metropolitan Bar Association (Health Care Law Section Executive Committee, 2017-present)

COMMUNITY INVOLVEMENT

  • McGregor Foundation (Board of Directors, 2017-present)

FIRM INVOLVEMENT

  • Co-Chair, Health Care