Health Care

Kansas health care providers are faced with an increasingly complex maze of federal and state regulations. The members of our health care law practice group are prepared to guide your organization through this tangle of legal requirements. Our attorneys have been recognized by national organizations as among the leading health care lawyers in the United States. Foulston Siefkin has grown to be the largest Kansas-based law firm through its commitment to provide excellent legal services promptly and efficiently. We offer health care providers a high level of expertise and service at competitive rates.

We place a premium on understanding each of our client's unique needs. Like health care providers, we understand that an ounce of prevention is worth a pound of cure. Our attorneys are committed to assisting our clients with the development of measures to minimize legal exposure. We also appreciate the importance of a quick response to emergency situations. To that end, our attorneys strive to remain readily accessible to our clients.

Our health care lawyers maintain a high level of expertise regarding federal and state regulations affecting the health care industry. Our firm devotes significant resources to ensure our attorneys remain up-to-date on daily developments. At the same time, the relationship of our health care practice group with Foulston Siefkin’s other practice groups, including the taxation, general business, labor and employment, and commercial litigation groups, enhances our ability to consider all of the legal ramifications of any situation or strategy.

Update your HIPAA policies and forms with Foulston Siefkin's 2013 HIPAA Privacy Implementation Handbook for Health Care Providers (Newly Revised for 2013)
For more information visit www.foulston.com/HipaaHandbook

Areas of Representation
Corporate Compliance
Fraud and Abuse
Stark Law
Employment Contracts
Business Transactions
Government Investigations
HIPAA
Medical Staff Issues
Litigation
Medicare & Medicaid Reimbursement
Ad Valorem Taxation Issues
Governmental Hospital Issues
Kansas Open Meetings/Records
PRRB Appeals & Reimbursement Matters
EMTALA
Regulatory Appeals
Licensure Matters
Physician Recruitment
Professional Liability and Risk Management
Risk Management
Managed Care Issues
Taxation
Antitrust
e-Health Law
Related Links
Jack Focht Image Jack Focht
T: 316.291.9519
Email
  • White Collar Defense & Government Investigation
  • Mediation/Dispute Resolution
  • Commercial Litigation
Jay M. Rector Image Jay M. Rector
T: 316.291.9722
Email
  • Employment Litigation
  • Union Matters/Arbitration
  • Supervisor Training
  • Workplace Investigation
  • HR Counseling
  • OSHA/Workplace Safety
  • Employee Benefits
Stanley G. Andeel Image Stanley G. Andeel
T: 316.291.9532
Email
  • Stark, Fraud and Abuse
  • Taxation
  • Regulatory
  • Estate Planning & Probate
Kevin J. Arnel Image Kevin J. Arnel
T: 316.291.9761
Email
  • Tax Exempt Organizations
  • Taxation
  • General Business
Gary L. Ayers Image Gary L. Ayers
T: 316.291.9530
Email
  • Commercial Litigation
  • White Collar Defense & Governmental Investigations
  • Noncompete Agreements
  • Regulatory/EMTALA
Brooke Bennett Aziere Image Brooke Bennett Aziere
T: 316.291.9768
Email
  • HIPAA
  • Professional Malpractice
  • Commercial Litigation
  • Risk Management
  • Medical Staff Issues
Douglas L. Hanisch Image Douglas L. Hanisch
T: 316.291.9748
Email
  • Employee Benefits & ERISA
  • Emerging Small Business
  • Taxation
Charles R. Hay Image Charles R. Hay
T: 785.354.9413
Email
  • Fraud and Abuse
  • EMTALA
  • Medical Credentialing & Staff Issues
  • Reimbursement
  • Government Investigations
  • Managed Care
Jason P. Lacey Image Jason P. Lacey
T: 316.291.9756
Email
  • Taxation
  • Employee Benefits & ERISA
William (Bill) P. Matthews Image William (Bill) P. Matthews
T: 316.291.9556
Email
  • Intellectual Property
  • General Business
  • E-Commerce
  • Franchise & Distribution
  • Emerging Small Business
  • Private Equity & Venture Capital
  • Securities & Corporate Finance
Scott C. Palecki Image Scott C. Palecki
T: 913.253.2128
Email
  • Business Transactions
  • Stark, Fraud and Abuse
  • Regulatory
  • Reimbursement
  • Mergers & Acquisitions
Anthony (Tony) F. Rupp Image Anthony (Tony) F. Rupp
T: 913.253.2127
Email
  • Professional Malpractice
  • Commercial Litigation
  • Noncompete Litigation
Justan R. Shinkle Image Justan R. Shinkle
T: 316.291.9794
Email
  • Business Transactions
  • Stark, Fraud and Abuse
  • Regulatory
Thomas L. Theis Image Thomas L. Theis
T: 785.233.3600
Email
  • Professional Malpractice
  • Mediation/Dispute Resolution
  • Commercial Litigation
William R. Wood II Image William R. Wood II
T: 316.291.9772
Email
  • General Business
  • Securities
  • Mergers & Acquisitions
  • Real Estate
Issaku Yamaashi Image Issaku Yamaashi
T: 913.253.2153
Email
  • General Business
  • Real Estate
  • Health Care
  • Securities & Corporate Finance
  • Mergers & Acquisitions
Cyd Gilman Image Cyd Gilman
T: 316.291.9757
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  • Government Investigations & White Collar Crime
  • Commercial & Complex Litigation
  • Health Care
William P. Trenkle Jr. Image William P. Trenkle Jr.
T: 913.253.2150
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  • Business Transactions
Alex W. Schulte Image Alex W. Schulte
T: 913.253.2155
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Amanda M. Wilwert Image Amanda M. Wilwert
T: 913.253.2181
Email

Advanced Orthopaedic Associates, P.A.

Alterra Health Care

Anesthesia Associates of Topeka P.A.

Anesthesia Consulting Services, P.A.

Beloit Medical Center

Bob Wilson Memorial Grant County Hospital

Cancer Center of Kansas, P.A.

Coffey County Hospital

Cypress Heart, P.A.

Delta Dental of Kansas, Inc.

Emergency Services of Kansas, P.A.

Galichia Heart Hospital

Galichia Medical Group, P.A.

Goodland Regional Medical Center

Hays Medical Center, Inc.

Heart Hospitals of America

Horizon Health Corporation

Hutchinson Regional Medical Center

Integrated Health Foundation

Johnson County Dialysis Center

Kansas City Orthopaedic Institute

Kansas City Urology Care, P.A.

Kansas Health Foundation

Kansas Joint & Spine Institute

Kansas Orthopedic Center, P.A.

Leavenworth County Dialysis Center

Manhattan Surgical Hospital, LLC

Mid-Kansas Physicians Assn.

Mowery Clinic of Salina, P.A.

Neosho Memorial Regional Medical Center

Nueterra Healthcare

ProActive Home Care, Inc.

Rooks County Health Center

Sandhill Orthopaedics and Sports Medicine, P.A.

South Central Kansas Health Insurance Group

St. Luke Hospital & Living Center

Stanton County Hospital

Sumner Regional Medical Center

Susan B. Allen Memorial Hospital

The Medical Center P.A.

The Mowery Clinic of Salina, P.A.

Valeo Behavioral Health Care

Via Christi Clinic

Via Christi Health

Wichita Surgical Specialist, P.A.

Wichita Urology Group, P.A.

Wilson County Hospital

Wyandotte County Dialysis Center

  • Plaintiff's counsel in South Central Kansas Health Insurance Group v. VASA Brougher et al. - lawsuit filed on behalf of group-funded health insurance pool against several defendants, including auditor, plan administrator and stop loss carrier, to recover losses. Significant settlements entered prior to trial.

  • Defense counsel in Mitchael et al. v. Intracorp, Inc. et al., class action filed on behalf of Kansas chiropractors against medical review company and various insurers alleging, inter alia, antitrust and RICO violations. Summary judgment for defendants affirmed on appeal at 179 F.3d 847

  • Defense counsel in Lawrence v. Bammel, jury verdict in favor of physician in flesh-eating bacteria case.

  • Defense counsel in Wheeler v. Shellito, jury verdict in favor of surgeon in post-surgical complication case.

  • Defense counsel in Hall v. State Farm, a coverage case in which the jury found plaintiff made a fraudulent insurance claim.

  • Successfully implemented all aspects of a Corporate Integrity Agreement for a multispecialty physician practice following resolution of three-year Medicare investigation.

  • Representation of a regional referral hospital in an investigation by the U.S. Attorney’s Office concerning billing practices in which the government found no fault on the part of the hospital.

  • Provided comprehensive legal representation to Heart Hospitals of America L.L.C. in the development of a specialty heart hospital in Wichita, Kansas, and in the ongoing development of heart hospitals in other locations.

  • Successfully completed numerous joint venture arrangements for diagnostic facilities, clinical laboratories, and specialty hospitals.

  • Developed and implemented comprehensive corporate compliance programs for several hospitals and physician practices.

  • Partnered with the Kansas Hospital Association to produce and distribute a training video and related materials for hospital medical staffs concerning the Emergency Medical Treatment and Labor Act (EMTALA).

  • Assisted numerous health care organizations with the education phase of HIPAA implementation.

  • Foulston Siefkin attorneys have brought to successful resolution, without any admission of liability, a qui tam case arising out of the False Claims Act; successfully mediated the termination of agreements that allegedly violated the prohibition against the corporate practice of medicine; successfully enforced a number of restrictive covenants imposed on members of medical practices; and assisted in the separation of several physician practices from larger physician groups.

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

CMS Offers to Settle Appeals of Denied Inpatient Claims for Hospital Stays Beginning Before October 31, 2013

ONC Focuses on HIPAA Security With Release of Security Risk Assessment (SRA) Tool | PDF Icon or YouTube Logo

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

Healthcare Providers’ Affirmative Action Obligations Take Center Stage

CMS Revises Hospital and CAH Conditions of Participation

New Interpretive Guidelines for Patient Rights 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

Amendments to the In-Office Ancillary Services Exception to the Stark Law

Red Flags Clarification: Physicians Exempt

The Centers for Medicare and Medicaid Services ("CMS") Modifies the Physician Supervision Requirements for Hospital Outpatient Therapeutic Services

2010

Legal Affairs: Patient Visitation Rights

2009

HHS Issues HITECH Guidance

2008

IRS Again Warns Charities About Political Campaign Activity

CMS Publishes 2009 IPPS Rule with Significant Stark Law Changes

2007

Phase III of the Final Stark Law Regulations Released by Centers for Medicare & Medicaid Services (CMS)

ARTICLES

2015
New ACA FAQs Clarify the Preventive care mandate
-Lexology
Federal legislation would clarify wellness plan treatment under ADA and GINA
-Lexology
New IRS Q&As clarify ACA reporting issues
-Lexology
Supreme Court upholds AVA tax credits in federal exhanges
-Lexology
The Save American Workers Act
-Lexolody
No More inference of contractual right to lifetime retiree health benefits
-Lexology
ACA back in front of the Supreme Court
-Lexology
An ACA anniversary
-Lexology

2014
Considering the scope and impact of the Supreme Court's Hobby Lobby decision
-Lexology
HIPPA settlement highlights focus on security concerns
-Lexology
New 125 plan election change addresses key AVA concern
-Lexology
New ACA FAQ addresses elimination of contraceptive coverage
-Lexology
PCORI fee increases slightly
-Lexology
2015 inflation adjusted amounts for HSAs and HDHPs
-Lexology
HHS addresses same-sex spouses under HIPPA
-Lexology
IRS and HHS rein in minimum value plans
-Lexology
CMS offers to settle appeals of denied inpatient claims for hospital stays beginning before October 31, 2013
-Lexology
ONC focuses on HIPPA Security with releease of Security Risk Assessment Tool
-Lexology
CMS FAQ clarity HIPAA health plan identifier (HPID) requirement
-Lexology
CMS indefinitely delays HPID implementation
-Lexology
IRS clarifies impact of health FSA carryover on HSA eligibility
-Lexology
2013
Dealing With Fraud and Abuse Issues in Today’s Health Care Climate (KAHCE)
Telemedicine 101 (Foulston Siefkin LLP)
Are You Packing? Concealed Carry in Healthcare Facilities (Foulston Siefkin LLP)
Dealing with Difficult Physicians (Foulston Siefkin LLP)
I'm Conflicted: Handling Conflicts of Interest & Other Governance Issues (Foulston Siefkin LLP)
CMS Giveth: New Revenue Sources for Physician Practices (Foulston Siefkin LLP)
CMS Taketh Away: Readmissions & Inpatient Denials (Fouslton Siefkin LLP)
Keep Your Friends Close...Physician-Hospital Collaboration (Foulston Siefkin LLP)
HIPAA Hostility: Breach Notification, Audits & Enforcement (Foulston Siefkin LLP)
Overpayments: Risks, Reporting, and Returning (Great Plains)
Top Ten Reasons to Love the ACA (Foulston Siefkin LLP)
Who’s to Know? Reporting & Repaying Overpayments (Foulston Siefkin)
EHR Hazards: Personal Mobile Devices, The Cloud, Password Sharing, and More (Foulston Siefkin LLP)
Employment Law Update (Foulston Siefkin LLP)

2012
Providers Beware: CMS Issues Proposed Overpayments Rules and They Are Not What We Expected (KMGMA)

2011
Healthcare Reform and Its Affect on Rural Healthcare Providers (Hays Medical Center)

2010
Overview of the New Health Care Reform Act: Patient Protection and Affordable Care and Health Care and Education Reconciliation Acts of 2010 ("PPACH") (Wichita Bar Association)

2008
HIPAA - Anatomy of a Citation (Foulston Siefkin)

2007
Physician Agreements: Special Concerns (Kansas Bar Association)
The Specialty Hospital vs. Acute Care Hospital Debate: Where It’s Headed (Kansas Bar Association)
Doctors Are Suppliers, Too: The Impact of Williamson v. Amrani’s Ruling That Physicians Are Subject to the Kansas Consumer Protection Act (Kansas Bar Association)