Biography

Maureen represents health care providers in business transactions, medical staff and peer review matters, reimbursement appeals, fraud and abuse investigations and business disputes. She advises and litigates matters involving certificate of need, facility licensure and certification surveys and penalty appeals, and other health care regulatory matters.

She also counsels hospitals, long-term care facilities, home health agencies, and physician groups on matters such as corporate compliance, EMTALA, credentialing, HIPAA, patient care, risk management and acquisition of facilities.

A recognized authority on health law topics, Maureen has spoken to the American Health Care Association on nursing home survey and enforcement and liability issues. She has presented for the American Health Lawyers Association on long-term care liability and risk management issues. She has been a speaker for the North Carolina Association of CPAs and North Carolina Health Information Management Association on HIPAA and confidentiality of medical information. She has also spoken for the North Carolina Health Care Facilities Association, the North Carolina Hospital Association, and Virginia Health Care Financial Management Association on HIPAA, corporate compliance, EMTALA, liability, medical staff and certificate of need issues.

Representative Matters

Compliance

  • Co-lead defense counsel in DOJ Medicare one day stay hospital investigation
  • Lead defense counsel for a hospital in DOJ national Medicare ICD investigation
  • Handled voluntary Medicare and Medicaid self-disclosures related to employment of excluded individuals, antikickback violations and overpayments
  • Lead counsel on defense of multiple EMTALA and nursing home fast track decertification notices
  • Represented third parties in response to government investigation subpoenas
  • Negotiated resolution with OIG to put long term care company assets into blind trust when owner convicted of Medicaid fraud
  • Assisted with seeking reinstatement after exclusion from Medicare and Medicaid
  • Represented providers in defense of ZPIC investigations and State Attorney General inquiries
  • Response to OCR privacy investigations
  • Handled responses to data and privacy breaches, responses to OCR inquiries and initiation of self-reports
  • Preparation of and training regarding facility corporate compliance programs
  • Counseling concerning billing compliance, voluntary disclosure and repayment
  • Preparation of HIPAA compliance policies and template documents

Regulatory

  • Advice regarding provider based status and compliance with Medicare conditions of participation and payment
  • Counseling concerning Medicare and Medicaid enrollment of new providers and changes of ownership
  • Guidance concerning establishment of medical and non-medical spas and wellness programs
  • Advice regarding licensure compliance and defense of licensure enforcement actions
  • Counseling and training concerning EMTALA and licensure compliance
  • Advice regarding rural health clinic options and requirements

Health Care Litigation

  • Defense of patient class action suits regarding hospital billing and collection
  • Defense of long term care facility lease suit
  • Defense of suit in Business Court alleging usurpation of healthcare business opportunity
  • Defense of alleged breaches of health care covenants not to compete
  • Defense of claim by Disability Rights group concerning access to peer review materials
  • Multiple medical staff fair hearings concerning restrictions on or termination of medical staff privileges
  • Several trials appealing long term care survey and penalty enforcement actions
  • Arbitration involving dispute between ambulatory surgery facility and manager regarding fees

Operations

  • Guidance regarding health care risk management, patient relations, informed consent, bioethical issues, difficult patient discharges and myriad operational issues
  • Counseling concerning and preparation of resident admission agreements
  • Guidance regarding patient billing, collection and charity care policies and procedures and handling of specific billing and payment scenarios
  • Advice concerning and preparation of hospital policies and procedures

Transactions and New Ventures

  • Regulatory guidance, patient contract and appropriate corporate structure for high frequency ultrasound clinics in six states
  • Developed models for compliance with Medicare provider based requirements for new facilities including rural health clinics
  • Lead negotiating and coordinating counsel for multiple long term care acquisitions
  • Guidance regarding regulatory compliance and due diligence for hospital, ambulatory surgical center, medical equipment, cardiac catheterization lab and diagnostic center acquisitions
  • Service, lease and other agreements to facilitate innovative services in independent living and continuing care retirement communities

Certificate of Need

  • Lead counsel in over 40 CON trials and appeals concerning operating rooms, acute care beds, endoscopy rooms, major renovation and expansion hospital projects, major medical equipment, skilled nursing facilities and home health agencies
  • Lead counsel in arbitration concerning dispute between two hospitals regarding CON settlement
  • Lead counsel through NC Supreme Court in CON litigation concerning exemptions from CON Act
  • Extensive counseling concerning CON compliance and exemptions from CON review

Before Fox Rothschild

Maureen was a partner at Smith Moore Leatherwood LLP, which merged with Fox Rothschild in 2018.

Beyond Fox Rothschild

  • Vanderbilt University School of Law, Annual Law Firm Gift Committee – 2003 -
  • Vanderbilt Law Admission Interview Program
  • Duke University: Class Gift Committee - 1990-92; 1996-97; 2001-02; 2006-07; 2012-13
  • Various officer positions including President of PTSO or PTA for Western Guilford High School (past), Kernodle Middle School (past) and McIver Special Education Center (past)

Honors & Awards

  • Fellow, American College of Trial Lawyers
  • Recognized by Chambers and Partners, USA, as one of North Carolina Leaders, Healthcare (2014-2019)
  • Benchmark Litigation, North Carolina Litigation Star (2016-2018)
  • North Carolina Super Lawyers, Listed Health Care (2006-2019), and as one of the "Top 50 Women" attorneys in North Carolina (2006-2013, 2015-2019), and as one of the "Top 100" attorneys in North Carolina (2018)
  • The Best Lawyers in America® (Woodward/White, Inc.), Health Care Law, listed more than 25 years
  • Selected by her peers as Greensboro Best Lawyers Lawyer of the Year (Woodward/White, Inc.), Health Care (2011, 2015)
  • Selected for inclusion in Nightingale's Healthcare News 2008 list of Outstanding Hospital Lawyers
  • Martindale-Hubbell's top ("AV") Peer Review Rating