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PRACTICE

AREAS

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HEALTH CARE REGULATORY

 TRANSACTIONS & CONTRACTS

CORPORATE GOVERNANCE

COMPLIANCE

MEDICAL STAFF AND PEER REVIEW

CLINICAL RESEARCH 

QUALITY OF CARE AND MEDICAL NECESSITY

HIPAA, PRIVACY & SECURITY

practice_areas

WHO IS BARRETT LAW?

Lynn M. Barrett,  President of Barrett Law, is a seasoned healthcare lawyer with significant experience in analyzing federal and state healthcare laws and regulations, particularly related to fraud and abuse, health system operations, medical necessity and billing and coding.  She also has significant experience in compliance matters, having served as SVP, Chief Compliance and Ethics Officer for a large health system with an academic medical center.

 

Before starting her own law firm, Lynn served as General Counsel to a multi-facility health system and has held senior in-house positions in for-profit, non-profit and public health systems. She has also spent many years in private practice providing advice and guidance to a wide variety of healthcare providers including hospitals, ambulatory surgery centers, physicians, home health agencies, hospice providers, DME providers, labs and nursing homes.

 

Lynn is currently an Adjunct Professor at the Maurice A. Deane School of Law at Hofstra University, as well as at NSU Shepard Broad College of Law and the University of North Carolina at Wilmington. Prior to that, Lynn was an Adjunct Professor for FIU's Masters in Healthcare Administration program. Lynn is certified in Compliance by the Health Care Compliance Association and is designated as a Certified Compliance Professional by the Health Ethics Trust. She holds leadership positions in the ABA's Health Law Section, as immediate past Chair of Ethics and Professionalism as well as Vice Chair of eHealth, Privacy & Security. She also holds a leadership position in the American Health Law Association as Vice Chair of Publishing for the Delivery and Payment Reform Affinity Group, and in the National Association of Women Lawyers as Co-Chair of Women in Health & Life Sciences Law.  Lynn frequently speaks on both national and local levels and writes on a wide array of health law and compliance topics. Lynn is on the Board of Directors of the Women's Healthcare Executive Network and is a member the Florida Bioethics Network. She received her J.D. degree from New York University School of Law in 1991 and her B.S. from Carnegie-Mellon University in 1986. She is admitted to practice law in the State of Florida as well as in the State of New York.

who_we_are
our_experience

corporate governance

Barrett Law trains and advises Boards of Directors/Trustees on

  • Duties of care, loyalty and obedience 

  • Good corporate governance

  • Oversight responsibilities

  • Compliance obligations

  • Director/Trustee liability

  • Conflicts of Interest

  • Running Board meetings, in accordance with applicable bylaws and Robert's Rules of Order

CONTRACTS&
TRANSACTIONS

Barrett Law prepares, reviews and negotiates all types of contracts and assists with numerous types

of transactions

  • Employment

  • Consulting

  • Medical Director

  • On-Call Coverage

  • Asset/Stock Purchase

  • Management Services

  • Office/Equipment Lease

  • Operating Agreement

  • Joint Venture

  • Hospital Based

  • Recruitment

  • Supply Chain

  • Staffing 

  • Billing Services

HEALTHCARE REGULATORY

Barrett Law provides advice and guidance to all types of providers on 

  • The Stark Law and corresponding regulations

  • Anti-Kickback Statute and corresponding regulations

  • Civil Monetary Penalties

  • EKRA

  • False Claims Act

  • The Emergency Medical Treatment and Active Labor Act (EMTALA)

  • FDA regulations 

COMPLIANCE

Barrett Law has the practical experience to

  • Prepare a compliance program and assist in implementing it

  • Conduct compliance program effectiveness reviews

  • Assist in the implementation of corporate integrity agreements

  • Conduct internal and external investigations

  • Conduct physician and referral source arrangement reviews

  • Provide compliance and regulatory training 

cLINICAL RESEARCH

Barrett Law has the experience and knowledge to 

  • Prepare, review and negotiate Clinical Trial Agreements

  • Review and revise Sponsor Agreements

  • Train members of your IRB on human research protections 

  • Review and revise informed consents

MEDICAL STAFF 
ISSUES

Barrett Law has extensive

experience in

  • Drafting, revising and applying Medical Staff Bylaws

  • Assisting credentials and MEC committees 

  • Assisting in all aspects of the peer review process

  • Assessing peer review policies, procedures and practices for effectiveness

  • NPDB and other reporting obligations

bioethics

Barrett Law helps institutions and health care personnel navigate challenging bioethical issues

  • Advanced Directives

    • Proxies​

    • Surrogates

    • Living wills

  • Medical futility

  • DNRs

  • Patient Self-Determination

  • Organ Donations

  • Patient consent

 independent review
organization

Barrett Law can assist you in the event you need an Independent Review Organization under a Corporate Integrity Agreement (CIA)

or similar arrangement 

  • Serving as IRO under claims review or physician arrangement CIA

  • Preparing written reports

  • Conducting reviews of referral source arrangements to identify potential areas of risk

HIPAA, PRIVACY & SECURITY

Barrett Law can help with many aspects of HIPAA privacy and security compliance including

  • Conducting HIPAA compliance audits

  • Assisting in the analysis of potential breaches

  • Preparing, reviewing and negotiating Business Associate Agreements

quality of care/ Medical

necessity

Barrett Law provides advice and guidance on

  • Quality of care issues for all types of providers including long-term care providers

  • Quality reporting

  • Conditions of participation

  • Medical necessity issues and conducting  medical necessity reviews

HOW BARRETT LAW CAN HELP

REPRESENTATIVE PUBLICATIONS

  • "OIG Compliance Program Guidance Gets a Facelift"

    • Lexis Plus  (Sept. 5, 2023)​
       

  • DAB and CRD Summaries Regarding Provider Enrollment Toolkit"

    • Contributor, American Health Law Association publication (June 2023)
       

  • Clinical Trial Agreement Toolkit"

    • Contributor, American Health Law Assocation publication (May 2022)​
       

  • "Corporate Governance Toolkit"

    • Contributor, American Health Law Association publication (Oct. 2021)​
       

  • "COVID-19 and Resource Allocation: Planning for Times of Scarce Medical Resources"

    • American Bar Association, The Health Lawyer, Volume 32, No. 5 (June 2020)
       

  • "Opioid Settlements: Some Lessons Learned from Big Tobacco"

    • American Bar ​Association, The Health Lawyer, Volume 32, No. 4 (Apr. 2020)
       

  • "Opioid Prescribing - An AHLA 50 State Survey with Summaries and Links" 

    • Contributor, Florida​; American Health Law Association publication (Feb.2020)
       

  • "On the Road to Recovery? Recent Enforcement and Regulatory Actions Addressing the Opioid Epidemic"

    • American Health Law Association, Connections Magazine,  (Dec. 2019)

  • Contributor, ABA Letter to CMS Regarding Proposed Stark Regulations (Dec. 2019)
     

  • "Hospitals Jump Into the Opioid Litigation Fray"

    • American Bar Association, Health eSource, Volume 16​, No. 3 (Nov. 2019)

 

  • Contributor, American Bar Association, eHealth HLbytes: eHealth, Privacy & Security 

publications

REPRESENTATIVE SPEAKING ENGAGEMENTS

  • " Department of Justice and HHS Office of Inspector General on Effective Compliance Programs"

    • Strafford Webinars (January 24, 2024)

  • "Compliance Guidance from DOJ and OIG: Where The Rubber Meets the Road"

    • Health Ethics Trust (January 24, 2024)
       

  • "Developing an Effective Compliance Program: Where Do I Begin??"

    • Louisiana Bar Association 14th Annual J. Barrett Benton Health Law Conference (December 1, 2023)

  • "Rapid Review: Top Take-Aways From CMS's Proposed OPPS and PFR Rules and Final IPPS Rule"

    • American Health Law Association Webinar (September 14, 2023)
       

  • "Existential Threats to Practices: Revocations, Suspensions & Extrapolations"

    • ABA Physicians Legal Issues Annual Healthcare Developments and Innovation Conference​ (September 7, 2023)
       

  • "Careers in Compliance: Advancing Your Compliance-Related Career"

    • National Association of Women Lawyers (August 24, 2023)​
       

  • "Developing and Effective Compliance Program: Resources and Best Practices

    • Health Ethics Trust Certification Course (August 9, 2023)

  • "Hot Off the Presses: Recent DOJ and OIG Guidance for Providers"

    • National Association of Women Lawyers (June 6, 2023)​
       

  • "Legal Ethics & Professionalism Hot Topics

    • AHLA Long Term and Post-Acute Care Law & Compliance Conference (​March 2 & 3, 2023)

  • "The Role of Counsel in Compliance Investigations"

    • Health Ethics Trust (January 19, 2023)​
       

  • "EKRA: Where Are We Now and Where Are We Going?"

    • American Bar Association, Washington Summit (December 13, 2022)

  • "DOJ's Focus on Effective Compliance Programs"

    • Louisiana Bar Association 13th Annual J. Barrett Benton Health Law Conference (December 2, 2022)

  • "Health Information Privacy Considerations in a Post-Dobbs World" 

    • American Bar Association Webinar (November 30, 2022)
       

  • "Errors in Clinical Practice: Disciplinary Action or Criminal Prosecution?"

    • American Bar Association's Physicians Legal Issues Conference (September 16, 2022)
       

  • "Delivery of OB-GYN Health Care to Women Who Are Pregnant that May Result in an Abortion-Out of State Patients and Best Practices for Providing Care to Women"

    • American Health Law Association Webinar (August 25, 2022)
       

  • "Litigation and Enforcement Responses to the Opioid Crisis"

    •  American Society of Law, Medicine and Ethics Annual Health Law Professors Conference (June 2, 2022)
       

  • "Ethics: Rationing of Care"

    •  American Bar Association's Health Law Section Emerging Issues in Health Care Law (April 27, 2022)
       

  • "Legal Ethics: Attorneys' Use of Emails, Social Media, Texting"

    • American Health Law Association Institute on Medicare and Medicaid Payment Issues  (March 24-25, 2022)
       

  • "Substance Abuse Services - Coverage, Reimbursement and Legal Issues"

    • American Health Law Association, Webinar (March 2, 2022)
       

  • "Mental Health, COVID-19 and the Opioid Epidemic: A Perfect Storm" 

    • ABA Washington Health Law Summit (Dec 2021)
       

  • "Hot Topics: From DOJ to OIG to CMS"

    • Louisiana State Bar Association (Dec 2021)
       

  • "Breaking the Glass Ceiling: Women in Healthcare"

    • Women Healthcare Executive Network (WHEN) Webinar (May 2021)
       

  • "Mental Health, EKRA & the Opioid Crisis"

    •  American Health Law Association Webinar (March 2021)
       

  • "Recent Guidance for Compliance Professionals: From DOJ to OIG to CMS"

    •  Health Ethics Trust Certification Course ​(May 2021, February 2021, August 2020)
       

  • "The COVID Vaccine: Issues in Development & Distribution"

    •  Women Healthcare Executive Network (WHEN) Webinar (March 2021)
       

  • "EHRs, HIPAA & Interoperability: Best Practices & Compliance Pitfalls"

    • Health Ethics Trust Best Practices (October 2020)

  • "Recent Guidance for Compliance Professionals: From DOJ to OIG to CMS"

    • Health Ethics Trust Certification Course ​(August 2020)
       

  • "A Lawyer's Ethical Duty to be Proficient in Today's Technology and to be Circumspect When Using It"

    • ABA ​Healthcare Fraud & Compliance Webinar (June 2020)
       

  • "Healthcare in the Time of COVID-19"

    • Health Ethics Trust Washington Executive Certification Course (May 2020)

  • "Considerations for Healthcare Facilities Responding to the Pandemic"

    • ABA Health Law Section Webinar​ (March 2020)
       

  • “Data Integrity, Certifications and Government Reporting: Where Do we Go From Here?”

    • LSBA 10th Annual Health Law CLE (Dec. 2019)

 

  • “Innovative Physician Delivery and Alternative Payment Arrangements–Part 1: Playing to Survive (And Win) in a Value-based Payment World”

    • ABA Physician Legal Issues: Healthcare Delivery and Innovation Conference (Sept. 2019)

 

  • “Physician Arrangement Reviews: Where Do We Go From Here?”

    • Health Ethics Trust Certification Course (Aug. 2019)

 

  • “Center for Program Integrity: Program Integrity Initiatives from an Audit/Investigative Perspective” 

    • Institute on Medicare and Medicaid Payment Issues (March 2019) 

 

  • “Navigating the Stark & Anti-Kickback Landscape

    • The Florida Bar Healthcare Regulatory & Compliance Conference” (Nov. 2018)

 

  •  “Health Law in Times of Crisis, Lessons Learned”

    • Cumberland Law School Developing Trends in Healthcare Law 2018 (Sept. 2018)

 

  • ”Recent Stark and AKS Developments”

    • The Florida Bar Healthcare Regulatory & Compliance Conference (March 2018)

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THE BARRETT LAW BLOG

contact

CONTACT

BARRETT LAW, PA

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