Kathleen Carver Cheney
Partner
Duane Morris LLP
1540 Broadway
New York, NY 10036-4086
USA
Phone: +1 212 692 1097
Fax: +1 212 202 4708
Email: KCCheney@duanemorris.com

Kathleen Carver Cheney represents a range of healthcare providers with a focus on long term care and post-acute care. Ms. Cheney has a clinical background as a nursing leader combined with 15 years of healthcare transactional and regulatory experience. Ms. Cheney speaks and writes extensively on issues relating to health care quality and innovation. She currently coordinates the Women's Initiative program for the New York office and coordinates the firm's pro bono efforts in the New York office, for which she has acted on behalf of the African-American Policy Forum, the Social Work Hospice/Palliative Care Network, Judy's Run for Stroke Awareness and Citibar Justice Center Women's Immigration Project. Ms. Cheney is a 1994 graduate of New York University School of Law and a graduate, with honors, of New York University's College of Nursing and Hartwick College.

Clients include:

• Nursing homes
• Assisted-living and senior-housing facilities
• Home health agencies
• Hospices
• Physician practices
• Banks

Areas of Practice

• Corporate business transactions
• Buy/sell agreements
• Regulatory compliance
• Real estate
• Contracts
• Fraud and abuse
• Medicare and Medicaid reimbursement
• Survey and certification
• Certificates of Need
• HIPAA privacy
• End-of-life Issues

Representative Matters

Corporate/Transactional

• Represented a purchaser in acquisition of nine nursing homes in the Northeast region.
• Represented a commercial lender in financing the purchase of four nursing homes out of Chapter 11 bankruptcy.
• Represented an ambulette company in negotiating a commercial lease and special-use permit.
• Represented the borrower in a $30 million bridge to the U.S. Department of Housing and Urban Development (HUD)-insured loan.
• Represented a nursing-home chain in divesting itself or a non-performing New Jersey nursing home.
• Represented a large nonprofit organization in purchasing a home-care agency.
• Represented a consultant in organizing a business and negotiating service contracts.
• Represented the purchaser in acquisition of pediatric nursing home.
• Represented the landlord in lease agreements for cell towers.

Regulatory

• Drafted HIPAA privacy policies for group of 10 nursing homes.
• Conducted compliance review for nursing home with traumatic-brain-injury program.
• Represented tax-exempt organization in obtaining state attorney general approval for disposition of assets.
• Represented large regional hospice in contracts with nursing homes for residential and inpatient services.

Certificate of Need/Licensure

• Regulatory counsel for purchase of nursing-home chain that involved obtaining new licenses and Medicare/Medicaid provider agreements for 130 nursing homes in 17 states.
• Obtained New York State Public Health Council approval for Brooklyn nursing home to construct a replacement facility.
• Obtained New York State Public Health Council approval for construction of an ambulatory surgery center in Brooklyn, New York.
• Obtained New York State Public Health Council approval for expansion of a Long Island nursing home.

Medicare/OMIG Audits

• Defended the individual owners in proposed Medicaid exclusion action brought by NY's Office of Medicaid Inspector General against a Diagnostic & Treatment Center.
• Appealed and settled audit of medical practice CPT coding by a large commercial HMO.

Professional Activities

• American Bar Association
  - Health Law Section
• New York State Bar Association
• The Association of the Bar of the City of New York
• American Health Lawyers Association
• Women in Health Management

Admissions

• New York

Education

• New York University School of Law, J.D., 1994

Experience

• Duane Morris LLP
  - Partner, 2006-present
  - Associate, 2002-2005
• Arent Fox Kintner Plotkin & Kahn, LLP, New York, New York
  - Associate, 1998-2002
• Village Center For Care, New York, New York
  - Director of Legal Affairs/General Counsel, 1994-1998
• Prior to 1992: Held several nursing leadership positions, including Divisional Coordinator, Clinical Nurse Specialist and Director of Quality Assurance.

Board Memberships

• New York AIDS Coalition
• Pacem in Terris, Warwick, New York

Civic and Charitable Activities

• Friends House in Rosehill AIDS Housing Project

Honors and Awards

• Sigma Theta Tau Nursing Honor Society
• John Christopher Hartwick Scholarship

Selected Publications

• Co-author, "A Road Map To The Electronic Health Records Program," Law360, May 10, 2010
• Co-author, "New York Restricts Mandatory Overtime for Nurses," Duane Morris Alert, March 11, 2010
• Co-author, "Adopting Electronic Medical Records: What Do the New Federal Incentives Mean to Your Individual Physician Practice?, The Journal of Medical Practice Management, July/August 2009
• Co-author, "The Cogeneration Option: Saving Money and the Planet, Healthcare Design Magazine, May 27, 2009
• Co-author, "Electronic Health Records and Health Information Technology Under the New Federal Stimulus Act: How Are Healthcare Entities Affected?" Duane Morris Alert, March 3, 2009
• "Legal Considerations in Implementing the HIPAA Privacy Rules," Long-term Care Interface, December 2002; February 2003
• "Managed Care Contracting for Long-Term Care Providers, " Long Term Care Interface, April 2002
• "Privacy Rules in the Long-Term Care Context," Long Term Care Interface, July 2001
• Outlined and Reviewed Chapter on Home Health Anti-Kickback Issues for BNA Health Care Program Compliance Guide, July 2000
• Second Author, "OIG Compliance Guidance for Nursing Facilities Emphasizes Quality of Care," BNA Health Law Fraud Report, November 17, 1999
• Co-author, "Home Health Legal Primer," published online by Findlaw, 1999
• First Author, "Legal and Ethical Issue," HIV/AIDS and the Older Adult, published by Taylor & Francis, 1996
• Second Author, "A Qualitative Study of the Experience of Living with AIDS," Nursing Science Quarterly, September 1990

Selected Speaking Engagements

• Presenter, "Technologies and Patient Care: A Double-Edged Sword?" New York Association of Homes and Services for the Aging, May 26, 2010
• Presenter, "Electronic Health Records and the New HITECH Act," Lorman Seminars, New York City, March 10, 2010
• Presenter, "What's New in Certificate of Need and Long Term Care Planning?" New York State Health Facilities Mid Winter Conference, Cancun, Mexico, January 16, 2009
• Presenter, "Certificate of Need Developments in the Post-Berger Commission Era," New York State Health Facilities Mid Winter Conference, San Juan, Puerto Rico, January 18, 2008
• Presenter, "Certificate of Need and Long-Term Care Reform," New York State Health Facilities Mid-Winter Conference, St. Thomas, U.S. Virgin Islands, January 12, 2007
• Presenter, "HIPAA Privacy Policies and Procedures: What is Required?" Pharmacy Congress sponsored by St. John's University, New York, New York, March 4, 2003
• "Understanding HIPAA: The Basics for New York Assisted Living Programs," sponsored by the Empire State Association for Adult Homes and Assisted Living Facilities, New York, New York, March 6, 2003
• Presenter, "Fraud and Abuse in the Dialysis Setting," 33rd National Symposium of the American Nephrology Nurses' Association, Orlando, Florida, May 25, 2002
• "Legal Considerations in Implementing HIPAA in the Home Care Setting," Greater New York Hospital Association, New York, New York, January 21, 2003
• Speaker, "Joint Venture Between Not-for-Profit and Profit for Making Enterprises; Grant Throton Seminar September 26, 2002
• Speaker, "Primer in Home Care Law," Long-Term Care Primer and Update sponsored by the New York State Bar Association, Long Island and New York City, New York, May 3 and May 31, 2002
• "Legal and Regulatory Issues in Long-Term Care: An Update and Primer," New York State Bar Association Conference, May 14, 2004