Emmy S. Monahan
Associate

Duane Morris LLP
100 High Street, Suite 2400
Boston, MA 02110-1724
USA

Phone: +1 207 262 5448
Fax: +1 207 433 1152
Email: ESMonahan@duanemorris.com

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Emmy S. Monahan

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Bangor Address:
88 Hammond Street, Suite 500
Bangor, ME 04401-4915

Emmy S. Monahan represents providers, including hospitals, physicians and physician practices in complex federal and state regulatory matters, including Medicare and Medicaid reimbursement, health center designation, and HIPAA and state privacy issues compliance. She also has significant experience with private payor reimbursement, including managed care contracting, regulations, and disputes. Her experience includes the representation of several pathology groups in a number of class actions against insurers over disputes involving payment for clinical pathology services.

Ms. Monahan actively participated in the Maine Hospital Association HIPAA workgroup that identified critical compliance areas for Maine providers through analysis of the impact of the HIPAA privacy standards on Maine laws.

Ms. Monahan is a 1995 graduate of St. Louis University School of Law (LL.M., health law), a 1992 graduate of Howard University School of Law and a 1988 graduate of the University of Utrecht School of Law, Netherlands (LL.M., business and socio-economic law).

Representative Matters

  • Representation of the emergency department (ED) physicians in a putative class action against the Commonwealth of Massachusetts with respect to MassHealth’s failure to reimburse physicians for all services rendered in the ED, by bundling the procedure with the evaluation and management (E/M) service. Upon dismissal without prejudice of the class action, individual ED groups were instructed to go through the administrative appeals process. Our firm is assisting ED groups with each step of the administrative appeal process, including the resubmission of claims, and possible further litigation once the claims are denied.
  • Represented network of health care providers in arbitration with payor in dispute over payment for health services rendered. Obtained a multimillion-dollar settlement.
  • Represents physicians, emergency department doctors, pathologists, and other healthcare professionals with respect to payors aggressively seeking to recoup payments made to the health care providers.

Admissions

  • Maine
  • U.S. District Court for the District of Maine
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. District Court for the District of Columbia

Education

  • St. Louis University School of Law, LL.M., Health Law, 1995
  • Howard University School of Law, J.D., 1992
  • University of Utrecht School of Law, LL.M., Business and Socio-Economic Law, 1988

Experience

  • Duane Morris LLP
    - Associate, 1999-present
  • Kozak, Gayer & Brodek, P.A., Bangor, Maine
    - Associate, 1998-1999
  • Sole Practitioner, Laurel, Maryland, 1996-1998
  • Senior Citizens Law Center, Pensacola, Florida
    - Associate, 1995-1996
  • Health Law Clinic, Saint Louis University School of Law, St. Louis, Missouri
    - Clinical Staff, 1995
  • Office of Hearings and Appeals, Creve Coeur, Missouri
    - Judicial Extern, Honorable Joseph J. Simeone, 1995
  • Boesebeck, Barz & Partner, Frankfurt, Germany
    -Legal Assistant, 1993


Professional Activities

  • American Health Lawyers Association
  • Maine State Bar Association
  • Penobscot County Bar Association

Civic and Charitable Activities

  • Group Ride Coordinator, Penobscot Region NEMBA, 2013-present
  • Co-Chair, Carrabassett Back Country Cycle Challenge, a mountain bike endurance race to raise money for Carrabassett Region NEMBA and Town of Carrabassett Valley, Maine, 2010-2011
  • President, Maine Mountain Bike Association, 2009-2010
  • Co-Chair, Campus Crusher, a mountain bike cross-country race to raise money for Jeff Peet Scholarship Fund, 2007-2008
  • Mentor, Jump Start Program, YMCA, Bangor, Maine, 1999
  • Alzheimer's Association Northwest Florida, Chapter
    - Services Committee, 1996
    - Member, 1995-1996
  • Volunteer Ombudsman, DC Long Term Care Ombudsman Program, 1996
  • Volunteer Attorney, DC Legal Counsel for the Elderly, 1996-1997
  • Volunteer Attorney, Department of Health and Rehabilitative Services, District Legal Counsel, Largo, Florida, 1994
  • Volunteer Legal Assistant, U.S. Army Legal Center, Hanau, Germany, 1993-1994

Selected Publications

Selected Speaking Engagements