Brooke Bennett Aziere
Get to Know
Wichita Office
1551 N. Waterfront Parkway
Suite 100
Wichita, KS 67206-4466
T: 316.291.9768
F: 866.346.1939
baziere@foulston.com
Practice Areas
Health Care
Senior Housing & Care
Administrative/Regulatory
Government Investigations & White Collar Crime
Privacy & Data Security
Education
University of Kansas, J.D. (2003)
  • Order of the Coif
  • magna cum laude
  • Faculty Award for Outstanding Scholastic Achievement
  • Phi Kappa Phi Honor Society
  • Articles Editor on the Kansas Law Review
Friends University, B.A. (2000)
  • summa cum laude
Admissions
  • U.S. Court of Appeals for the Tenth Circuit (2010)
  • U.S. District Court for the District of Kansas (2003)
  • Kansas (2003)
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Brooke Bennett Aziere, Partner


Ms. Aziere is a partner and member of Foulston Siefkin’s Health Law Practice Group. She has experience representing a wide variety of health care clients, including hospitals, ambulatory surgery centers, durable medical and orthotics suppliers, third party billing companies, physicians, and other licensed health care providers. Her health law practice includes assisting providers with Medicare and Medicaid reimbursement, drafting and implementing compliance programs, and advising clients on the Medicare Conditions of Participation and Conditions of Coverage, and EMTALA compliance. She also assists health care providers and other business clients (including employee group health plans) with HIPAA compliance including the drafting and implementing of HIPAA policies and procedures and related training. She counsels providers on medical staff matters ranging from bylaws to credentialing to peer review. Risk assessment and management with attendant policy development comprises a substantial portion of Ms. Aziere’s health law practice. She also represents providers with licensure matters before state agencies and defends health care providers during government investigations and attendant regulatory, civil, or criminal matters.

In her Senior Care and Housing practice, Ms. Aziere handles business issues, compliance issues, regulatory issues, bioethical issues, and elder abuse issues. She provides services to clients involved with the entire continuum of senior care and housing, including assisted living facilities, independent living communities, Alzheimer facilities, skilled nursing facilities, and home-pluses, dealing with admission agreements, licensure, physician relationships, policies, risk management, delivery of care and managed care (KanCare).

Ms. Aziere also litigates a variety of cases in state and federal courts and before administrative agencies. She has successfully represented physicians, dentists, nurses, and other health care professionals before licensure boards and assisted her clients in medical negligence cases, tort cases, contract cases, commercial matters, and intellectual property disputes.

Ms. Aziere has been selected by her peers for inclusion in the Missouri & Kansas Super Lawyers® Rising Star list. She is a frequent lecturer on health law topics. She is a member of the American Health Lawyers Association and the Kansas Association of Hospital Attorneys.
Professional Memberships, Affiliations, and Honors
  • Wichita Business Journal / Kansas Leadership Center Emerging Leader, 2015; Emerging Leaders Panelist, December 10, 2015
  • Selected for inclusion in Missouri & Kansas Super Lawyers® List, Rising Star, 2010, 2011, 2012, 2013, 2014, 2015 (a Thomson Reuters business)
  • Wichita Business Journal / 40 Under 40 Business Leader, 2014
  • American Bar Association
  • Wichita Bar Association, Law in Education Committee
  • American Health Lawyers Association
  • Wesley E. Brown American Inn of Court, 2008-2015, Executive Committee, 2012-2013
  • Leading Age Kansas
Community Involvement
  • The Pando Initiative (formerly Communities in Schoools), Board of Directors
  • Wichita Crime Commission, 2011-2015
  • American Heart Association, Board of Directors, 2010-2011
  • City of Haysville, Historic Committee
  • Wichita Habitat for Humanity, Wonder Week 2010
  • TFI Family Services Wichita Community Resource Council, 2007-2008
  • American Diabetes Association Leadership Council, 2005-2007

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  • Represented institutional and individual health care providers in investigations and negotiations with the U.S. Department of Health and Human Services, Office of Inspector General and the U.S. Attorney’s Office for the District of Kansas.

  • Assisted health care providers with the development, revision, and implementation of compliance programs and HIPAA policies.

  • Assisted business clients with the development, revision, and implementation of HIPAA policies for their group health plans.

  • Represented health care providers, senior housing providers, and child placing agencies in Kansas administrative proceedings involving licensure issues.

  • Advised and assisted health care providers with internal investigations related to HIPAA, Medicare and Medicaid reimbursement, false claims, the Anti-Kickback Statute, and other compliance matters.

  • Represented individual health care providers in peer review matters.

  • Advised health care providers on Medicare certification and facility licensure.

  • Defense counsel in a breach of contract case relating to an employment agreement between a physician and physician group. The plaintiff alleged that the physician group breached the employment agreement by suspending his salary and denying severance after terminating the agreement. The physician group counterclaimed for damages stemming from the physician providing professional services to another medical facility which was prohibited by the physician’s agreement. Obtained summary judgment dismissing the plaintiff’s claim and granting the physician group’s counterclaim. Totonelly v. Galichia Medical Group, P.A., Case No. 6:09-CV-01234-JTM-KMH (D. Kan. Feb. 27, 2012).

  • Represented health care providers in RAC appeals.

  • Represented health care providers in Kansas administrative proceedings involving Medicaid (KanCare) appeals.

  • Trial counsel in successful defense of insured in automobile negligence case involving claim for personal injury. The insured admitted liability for the accident and the plaintiff claimed damages in excess of $290,000 dollars. The jury returned a verdict in the amount of $22,052.79. Brockman v. Buckley, Sedgwick County District Court, Case No. 06 CV 1112.

  • Associate counsel assisting in successful defense after three week trial of rheumatologist in medical negligence claim involving failure to diagnosis lupus with damage allegations in excess of $2 million. Buchanan v. Mortensen, Sedgwick County District Court, Case No. 04 CV 3652.

  • Associate counsel assisting in successful defense after nine-week trial of anesthesiologist in medical negligence claim involving a birth injury with damage allegations in excess of $15 million. Haley v. Yoon, Sedgwick County District Court, Case No. 03 CV 609

  • Trial defense counsel in successful defense of insured in automobile negligence claim involving claim for property damage. Issa v. Nikell v. Issa, Sedgwick County District Court, Case No. 04 LM 22856.



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2017
  • HIPAA Update: Enforcement, Security, Audits, & More (Kansas Bar Association, Health Law CLE)
2016
  • Current HIPAA Security Landscape (Kansas Adult Care Executives (KACE), Tanner-Foster Conference)
  • The Anatomy of an Actual OCR Investigation (Kansas Health Information Management Association (KHIMA), Spring Meeting)
  • Anatomy of an Office for Civil Rights Complaint (HIMSS, Spring 2016 Education Conference)
2015
  • Practical Guidance in Handling Overpayments in Light of 60-Day Repayment Rule Case (Foulston Siefkin, Kansas Health Law Institute)
  • Current HIPAA Security Landscape (Foulston Siefkin, Kansas Health Law Institute)
  • HIPAA: What Do Self-Insured Employers Need to Know? (Kansas SHRM, KSSHRM 2015 Conference)
  • Medicare Provider Enrollment – Traps for the Unwary (Foulston Siefkin LLP, Kansas City Health Law Institute)
  • HIPAA Security: Focus on Integrated Management of Security Issues (Foulston Siefkin LLP, Kansas City Health Law Institute)
  • EHR Liabilities: Minimizing Risk (Kansas Health Information Management Association (KHIMA), Spring Meeting)
2014
  • Electronic Health Records: Minimizing Risk (KACE, Annual Convention)
  • PECOS, Provider Enrollment, and Changes to Medicare Information – Traps for Unwary (Foulston Siefkin LLP, Kansas Health Law Institute)
  • Living in the Real World: Case Studies on How to Handle Potential Overpayments and False Claims (Foulston Siefkin LLP, Kansas Health Law Institute)
2013
  • Basic Security and Privacy Changes (Foulston Siefkin LLP, HIPAA MegaRule Decoded: Health Care Providers Forum)
  • CMS Taketh Away: Readmissions & Inpatient Denials (Fouslton Siefkin LLP, Health Law Institute)
  • HIPAA Hostility: Breach Notification, Audits & Enforcement (Foulston Siefkin LLP, Health Law Institute)
2012
  • Providers Beware: CMS Issues Proposed Overpayments Rules and They Are Not What We Expected (KMGMA, Spring Conference)
  • HIPAA (Foulston Siefkin Kansas Health Law Institute)
  • Off Label Drugs – What Providers Need to Know (Foulston Siefkin Kansas Health Law Institute)
2011
  • HIPAA Update Roundtable Discussion (Kansas Association of Healthcare Communicators Spring Conference)
  • Back to Compliance 101: Cultivating a Culture of Compliance (Foulston Siefkin, Kansas Health Law Institute)
  • HIPAA 2011 (Foulston Siefkin, Kansas Health Law Institute)
  • Back to Compliance 101: Cultivating a Culture of Compliance (Kansas Adult Care Executives, A Legal Symposium for Adult Care Executives)
2010
  • A Potpourri of Disability Law, "The Impact of Health Reform on Medicare" (Wichita Bar Association)
  • HITECH - Electronic Health Records and HIPAA Security (Foulston Siefkin, Kansas Health Law Institute)
2008
  • Torts Section, Video Presentation (Kansas Bar Association's Kansas Legislative and Case Law Institute)
  • HIPAA - Anatomy of a Citation (Foulston Siefkin, Kansas Health Law Institute)

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2016
  • Health Law Chapter
    -Kansas Bar Association's 2016 Annual Survey
2015
  • Health Law Chapter
    -Kansas Bar Association's 2015 Annual Survey
2014 2013
  • HIPAA Privacy Implementation Handbook for Health Care Providers
    -Foulston Siefkin
2012
  • Kansas Bar Association’s 2012 Annual Survey
    -Torts Chapter
2011
  • Kansas Bar Association's 2011 Annual Survey, Torts Chapter
    -Kansas Bar Association
2010
  • Kansas Bar Association's 2010 Annual Survey, Torts Chapter
    -Kansas Bar Association
2009
  • Kansas Bar Association’s 2009 Annual Survey, Torts Chapter
    -Kansas Bar Association
2008
  • Kansas Bar Association’s 2008 Annual Survey, Torts Chapter
    -Kansas Bar Association
2007
  • Kansas Bar Association’s 2007 Annual Survey, Torts Chapter
    -Kansas Bar Association
2002
  • The Clash Between Workers' Compensation Benefits and Underinsured Motorist Benefits Under Kansas Law
    -The University of Kansas Law Review, Vol.51, No. 1
  • Court Holds Employer Liable for Supervisor’s Sexual Demands
    -Kansas Employment Law Letter, Vol. 9, No. 6

Issue Alerts

2017
Is Your Emergency Preparedness Plan Consistent with CMS Standards?

2016
CMS Clarifies Off-Campus Provider-Based Billing Prohibition
New HIPAA Guidance Removes Roadblocks to Patient Access: But at What Cost to Providers?
CMS Issues Final 60-Day Overpayments Rule: It’s All About A Provider’s Risk Tolerance

2015
CMS Clarifies “Incident-To” Billing Rules: Billing Physician Must Supervise Incident-To Services

2014
ONC Focuses on HIPAA Security With Release of Security Risk Assessment (SRA) Tool | or

2013
Critical Access Hospitals Beware - Come January 1, 2014, CMS Will Enforce the Direct Supervision Requirements For Outpatient Therapeutic Services
HHS Focuses on Privacy with at long last Final Regulations and New Guidance

2012
CMS Revises Hospital and CAH Conditions of Participation
CMS Issues Proposed Overpayments Rules

2011
HIPAA Audits Are Here: Can You Satisfy the Auditor of Your Compliance
Skilled Nursing Facilities and Nursing Homes Beware: Health Care Reform Changes How Facilities Approach Compliance
HIPAA: Recent Penalties Make Policy Review a Great Idea
Red Flags Clarification: Physicians Exempt

2008
The ADA Amendments Act (ADAAA) Will Impact How School Districts Evaluate Section 504 Cases

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