Kathleen Carver Cheney practices in the area of health law, specializing in long-term care and post-acute care. Ms. Cheney represents nursing homes, home health agencies, hospices, senior housing and assisted living facilities, and physician practices in structuring business transactions and achieving regulatory compliance. She has specific experience in the areas of real estate, contracts, finance, fraud and abuse, Medicare and Medicaid reimbursement, survey and certification, CON and HIPAA privacy.

Ms. Cheney served as general counsel for a large not-for-profit post-acute care provider. In addition, she has a clinical background as a nursing administrator and clinical nurse specialist.

Ms. Cheney has served a number of organizations in a pro bono capacity, including the African American Policy Forum, Pacem in Terris, The Focusing Institute, The New York AIDS Coalition, and Friends House in Rosehill. Currently, Ms. Cheney coordinates the pro bono program for Duane Morris' New York office.

Ms. Cheney is a member of the Health Law Section of the American Bar Association, the Health Care Providers Committee of the New York State Bar Association, where she chairs a work group on complementary and alternative medicine, The Association of the Bar of the City of New York, the American Health Lawyers Association and Women in Health Management.

She is a 1994 graduate of New York University School of Law, a graduate of New York University, where she received an M.A. in nursing, and a cum laude graduate of Hartwick College.

Representative Matters

Defended the owners of a diagnostic & treatment center in a proposed Medicaid exclusion action brought by the Office of Medicaid Inspector General.
Filed application with the New York State Department of Health to convert nursing home beds to assisted living program beds due to mandate from Berger Commission.
Represented a company that provided psychological services in long term care facilities in disputing a Medicare audit with the result that the audit findings were all overturned.
Negotiate and drafted Asset Purchase Agreements and related documents for sale of health care business.
Drafted Joint Venture Agreement between a hospital, radiology group practice and a radiology company.
Conducted HIPAA preemption analysis for home care providers.

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
State Courts of 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 Coordinator, Clinical Nurse Specialist and Director of Quality Assurance.

Board Memberships

New York AIDS Coalition

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

"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, "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