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Haynes and Boone, LLP

Jennifer S. Kreick

Jennifer S. Kreick

Associate

Expertise

  • Corporate
  • Fraud, Abuse, and Compliance
  • Health Privacy (HIPAA) and Healthcare IT
  • Healthcare and Life Sciences

WSG Practice Industries

Activity

WSG Leadership

WSG Coronavirus Task Force Group
Member
Profile
Jennifer has delivered practical legal and business advice to healthcare clients in a variety of regulatory and business transactional matters, such as structuring and negotiating acquisitions and divestitures, joint ventures, strategic business partnerships, and contractual relationships involving healthcare entities; drafting and negotiating agreements, such as management services agreements, physician employment and professional services agreements, medical director agreements, co-management agreements, clinical research related agreements, and others; development, formation, and operation of IPAs, CINs, and ACOs; formation, certification, and operation of non-profit health organizations (formerly known as a 5.01(a)'s); conducting fraud and abuse and other compliance reviews and assessments; and providing operational counsel and advice in areas such anti-kickback and Stark Law compliance, fee splitting, beneficiary inducement laws, antitrust laws, corporate practice of medicine, licensure and change of ownership, Medicare and Medicaid rules and regulations, HIPAA/HITECH, and data privacy and security.

Prior to joining Haynes and Boone, Jennifer managed the implementation of electronic medical record software for hospitals and outpatient clinics, including a large health system with more than 20 specialties. She worked closely with providers and staff to ensure the software supported their workflows and documentation needs.

Jennifer is a member of the Dallas Bar Association Health Law Section, the American Health Lawyers Association, and the ABA Health Law Section.

Bar Admissions

Texas

Education

J.D., Southern Methodist University Dedman School of Law, 2013, valedictorian; summa cum laude; Order of the Coif; SMU Law Review Association, Journal of Air Law & Commerce, Associate Managing Editor;
B.A., Duke University, 2008, magna cum laude, Phi Beta Kappa
Areas of Practice

Corporate | Fraud, Abuse, and Compliance | Health Privacy (HIPAA) and Healthcare IT | Healthcare and Life Sciences | Privacy and Data Security

Professional Career

Significant Accomplishments

Represented a pediatric cardiology practice with multiple locations in a sale of substantially all of its assets to a large health system.

Represented Catholic non-profit health system in the acquisition of certain hospitals, an NPHO, and ASCs, and provided regulatory and compliance advice on referral source arrangements, licensure and accreditation, and patient confidentiality practices.

Represented an investor entity in its acquisition of 13 pediatric clinics from, and its sale of a minority interest to, a health system’s affiliated nonprofit health organization.

Represented large emergency physician group in structuring, negotiating, and implementation of joint venture with a Texas non-profit health system.

Represented physicians and an accountable care organization in structuring, negotiation, and implementation of a joint venture with a healthcare services provider for the operation and management of outpatient behavioral health clinics.

Represented investors and operators in the formation, certification , and operation of non-profit health organizations (formerly known as "5.01(a) organizations").

Represented investor entity and accountable care organization having over 350 independent physicians in regulatory and operational matters and strategic initiatives, including compliance with applicable MSSP ACO waivers.

Regularly provide regulatory and compliance advice regarding federal and state healthcare laws and regulations to hospital systems, physician groups, pharmacies, laboratories, and other healthcare entities in connection with diverse operational endeavors and complex transactions.
Regularly perform comprehensive state and federal healthcare regulatory reviews, analyses, and assessments of various arrangements and transactions for compliance with fraud and abuse and other laws.

Represented health systems, physician groups, home health and hospice provider, wellness company, revenue cycle management company, and other healthcare providers in investigations of potential breaches and analyses of disclosure obligations under HIPAA and state privacy laws and assisted with disclosures and communications to media, U.S. Department of Health and Human Services, state regulators, and affected individuals.
Regularly draft and review HIPAA privacy and security policies and procedures, security risk assessments, business associate agreements, and training for covered entities and business associates.

Regularly advise clients, including healthcare providers and mobile app/telemedicine platforms, on compliance with telemedicine laws, HIPAA/HITECH, data privacy and security matters, and permitted uses and disclosures of health information.
Represent a variety of sponsors and institutions in their clinical research endeavors in the US and abroad, including drafting and negotiating agreements for the study and developing form agreements, such as clinical trial agreements, NDAs, informed consent forms, letters of indemnity, product development and supply agreements, and agreements with clinical research organizations, and advising on applicable regulations and compliance matters related to the research study, such as fraud and abuse laws, HIPAA and disclosures of subject information, subject recruitment, financial disclosures, and conflicts of interest.
Articles

COVID-19 Related Healthcare Fraud and Anti-Kickback Enforcement Focuses on Laboratory Testing
Haynes and Boone, LLP, July 2020

While the U.S...

COVID-19 Quick Reference Regulatory Guide for Healthcare Providers
Haynes and Boone, LLP, May 2020

As healthcare providers respond to increased demands on supplies and resources due to the COVID-19 pandemic, regulators have issued certain flexibilities and guidance in responding to the public health emergency. The following guide and frequently asked questions are designed to address some of the more common issues and questions that providers face. As always, legal advice is fact-sensitive...

New Law Provides $100 Billion of Additional Healthcare Funding for COVID-19 Response
Haynes and Boone, LLP, April 2020

Today, the federal government enacted the Paycheck Protection Program and Health Care Enhancement Act (the “PPP/HCE Act”) to provide additional funding for loan and grant programs in response to the COVID-19 pandemic. The PPP/HCE Act modifies and increases funding for the Paycheck Protection Program and the Small Business Administration Economic Injury Disaster Loan program, as discussed in greater detail here...

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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