Lisa W. Clark
Partner

Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA

Phone: +1 215 979 1833
Fax: +1 215 689 1941
Email: LWClark@duanemorris.com

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Lisa W. Clark

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Lisa W. Clark practices in the area of healthcare law with a specific focus in health information technology (HIT) issues and mobile health (mHealth) for hospitals, physicians and other providers. She represents hospitals on enterprise-wide restructuring, including Medicare provider-based projects, and related payor requirements, and has long-term experience with the representation of hospitals and other providers with respect to government and private payor reimbursement, including managed care contracting. For over twenty years, she has provided legal support to The Hospital & Healthsystem Association of Pennsylvania. She also assists providers with across-the-board regulatory compliance and payor program participation (fraud and abuse (Stark and anti-kickback), licensure, accreditation, credentialing, EHR adoption and meaningful use, HIPAA, quality of care, pay-for-performance, ACO participation and EMTALA). Ms. Clark is a frequent speaker and writes on healthcare regulatory matters including on the HITECH Act and the Affordable Care Act. She established and heads the firm's mHealth Interdisciplinary Group.

Ms. Clark is a 1989 graduate of the University of Pennsylvania Law School, a graduate of Harvard Divinity School, where she earned a master's degree, and a graduate of Yale University.

Representative Matters

  • Obtained settlement in a complex litigation on behalf of the Hospital and Healthsystem Association of Pennsylvania (HAP) with the Commonwealth of Pennsylvania, in which the Commonwealth agreed to repay or credit to hospitals and physicians $200 million in overpayments of state-mandated assessments intended to finance the Medical Care Availability and Reduction of Error (MCARE) Fund for professional liability claims.
  • Represented a large, community-based pediatric contracting organization in a restructuring of its relationship with a leading pediatric academic medical center related to the development of a health information exchange infrastructure designed for the sharing and disclosure of patient information between and among patients, their physicians and other providers in the community.
  • Obtained on behalf of the Hospital and Healthsystem Association of Pennsylvania (HAP) a ruling from the Commonwealth Court of Pennsylvania that held that the Pennsylvania Insurance Department had overbilled health care providers more than $100 million over three years to fund a program that provides excess coverage for medical malpractice claims under the state's Medical Care Availability and Reduction of Error Act (MCARE).
  • Assisted hospitals in establishing regional health information exchanges.
  • Designed privacy and security program for international data analytics company.
  • Routinely assist multinational medical device company in privacy and security issues.
  • Managed significant data breach response impacting individuals in 50 states and foreign countries.
  • Represented state hospital trade association in challenge to design of state's Medicaid managed care program, resulting in major program overhaul.
  • Continue to assist numerous health institutions and ERISA-covered benefit programs in implementing and maintaining new patient privacy programs pursuant to federal confidentiality requirements (HIPAA).
  • Routinely assists providers with peer review, credentialing, medical staff bylaws and patient safety programs and matters.

Admissions

  • Pennsylvania
  • Supreme Court of Pennsylvania
  • U.S. District Court for the Eastern District of Pennsylvania

Education

  • University of Pennsylvania Law School, J.D., 1989
  • Harvard Divinity School, M.T.S., 1986
  • Yale University, B.A., 1982

Experience

  • Duane Morris LLP
    - Partner, 1999-present
    - Associate, 1989-1999

Professional Activities

  • Women's Law Project, Board of Trustees
  • American Bar Association
    - Health Law Section
    -Administrative Law and Regulatory Practice Section
  • Pennsylvania Bar Association
  • American Health Lawyers Association

Honors and Awards

Civic and Charitable Activities

  • Board of Directors, Community Council, Philadelphia, PA (mental health treatment agency)
  • Volunteer, Public Interest Law Center of Philadelphia, Healthcare Policy Circle

Selected Publications

Selected Speaking Engagements

  • Co-Presenter, "Keeping ePHI Safe and Secure," Pennsylvania eHealth Partnership Authority, Harrisburg, Pennsylvania, October 22, 2014
  • Co-Presenter, "The Emerging Health Information Exchange (HIE) National Architecture: Building an HIE at the Community Level," Pennsylvania Bar Institute, Philadelphia, Pennsylvania, October 9, 2014
  • Speaker, "The Anatomy of a Healthcare Data Breach—Protecting Data Before and After a Breach," Drexel University Cybersecurity Institute Symposium, Philadelphia, October 16, 2014
  • Panelist, "Panel on Legal, Regulatory and Business Issues," Drexel Mobile Health Conference, Drexel School of Law, Philadelphia, PA, April 4, 2014
  • Speaker, "The Emerging Health Information Exchange (HIE) National Architecture: Building an HIE at the Community Level," Pennsylvania Bar Institute, Philadelphia, Pennsylvania, March 14, 2014
  • Co-Presenter, "Healthcare Issues Every Start Up Should Consider," DreamIt Health Baltimore, Baltimore, MD, February 18, 2014
  • Panelist, "Health Information Exchanges: A New Interstate System or Roads to Nowhere?," Philadelphia Health IT Circle, Philadelphia, Pennsylvania, October 3, 2013
  • Presenter, Philly Health IT Circle "Health Information Exchanges," in Philadelphia, September 26, 2013
  • Co-Presenter, "Converting Your Hospital to 'Provider-Based' Status," Physician Hospitals of America 13th Annual Conference, New Orleans, LA, September 19, 2013
  • Co-Presenter, "Mobile Health and What It Means To You," Webinar for The Compliancy Group, LLC, September 17, 2013
  • Panelist, "The 2013 mHealth Prognosis: Converging Business and Legal Trends," Duane Morris/Wharton Health Care Alumni Event, University of Pennsylvania, June 26, 2013
  • Speaker, "Human Resources and Medical Staff Services: Overlapping Roles in Physician Relations," Audioconference for The Hospital & Healthsystem Association of Pennsylvania, August 15, 2012
  • Speaker, "Mobile Health ('mHealth') Devices, Applications and Software: What You Don’t Know Can Hurt You," Audioconference for The Hospital & Healthsystem Association of Pennsylvania, June 12, 2012
  • Speaker, "Privacy Issues and the Increasing Use of Information Technology: HIPAA and HITECH," Pennsylvania Bar Institute, Philadelphia, Pennsylvania, November 15, 2011
  • Speaker, "An Executive Look at HIPAA and Privacy/Regulatory Compliance," 5th Annual User Conference hosted by Essential Learning, San Diego, California, September 23, 2011
  • Speaker, "New HIPAA and FTC Health Breach Notification Rules: What Healthcare Entities Need to Know," The Hospital & Healthsystem Association of Pennsylvania, Harrisburg, September 21, 2009
  • Speaker, "Health Law Year in Review: Hospital Issues," Pennsylvania Bar Institute, March 12, 2009
  • Speaker, "EMTALA Compliance Update 2009," The Hospital & Healthsystem Association of Pennsylvania, Harrisburg, March 4, 2009
  • Speaker, "It's 10 PM: Do You Know Where Your Data Is," 2008 Compliance Institute, New Orleans, Louisiana, April 13-16, 2008
  • Speaker, "Introduction to Health Law," Pennsylvania Bar Institute, March 2008
  • Speaker, "Health Care Crisis," Pennsylvania Bar Institute, July 2007
  • Speaker, "Are Specialty Hospitals So Special Anymore?" Pennsylvania Bar Institute, March 13, 2007
  • Speaker, "Pervasive, Unprotected Peer Review: A Looming Threat," Pennsylvania Bar Institute, March 15, 2006
  • Speaker, "Family Law Potpourri," Pennsylvania Bar Institute, April 2005
  • Speaker, "Refund Requests, What to Do and What Not to Do," Private Payer Summit, Las Vegas, January 20, 2005
  • Speaker, "Consumer-Driven Health Care: Early Legal Predictions," Delaware Valley Health Care Council, November 4, 2004
  • Speaker, "HIPAA for Civil Litigators," Pennsylvania Bar Institute, July 2004
  • Speaker, "Charity Care: Creating Fair and Reasonable Guidelines for the Provision of Care to Uninsured and Underinsured Patients," The Hospital & Healthsystem Association of Pennsylvania, Harrisburg, July 29, 2004
  • "The New EMTALA Regulations and Their Effect on Providers," Pennsylvania Bar Institute, November 3, 2004 and March 17, 2004
  • Speaker, "HIPAA for Litigators," Pennsylvania Bar Institute, Philadelphia, Pennsylvania, November 17, 2003; Northeast Philadelphia, Pennsylvania, December 12, 2003
  • Speaker, "Managed Care Update," Delaware Valley Healthcare Council, Philadelphia, Pennsylvania, December 12, 2003
  • Speaker, "HIPAA and Ethics," Pennsylvania Bar Institute, Philadelphia, Pennsylvania, September 15, 2003
  • Speaker, "Emergency Services Update," Pennsylvania Bar Institute, Philadelphia, Pennsylvania, March 16, 2003
  • Speaker, "EMTALA," 9th Annual Health Law Institute, Philadelphia, Pennsylvania, March 12-13, 2003
  • Speaker, "HIPAA Privacy Primer: Covered Entities, Business Associates and other HIPAA Designations," 2002 Compliance Institute, Chicago, Illinois, April 23, 2002; Philadelphia, Pennsylvania, July 19, 2002
  • Speaker, "HIPAA in the Hospital, Series II: Hot Issues Facing Hospitals and Team Leader Forum," The Hospital & Healthsystem Association of Pennsylvania, Hershey, Pennsylvania, June 7, 2002; July 17, 2002
  • Speaker, "HIPAA for Circle of Care Providers," Family Planning Council, June 26, 2002
  • Speaker, "HIPAA 101 for Family Planning Council Providers," June 14, 2002
  • Speaker, "HIPAA Update," The Hospital & Healthsystem Association of Pennsylvania, Harrisburg, Pennsylvania, June 7, 2002
  • Speaker, "HIPAA Privacy Primer," Healthcare Compliance Association, Chicago, Illinois, April 23, 2002
  • Speaker, "HIPAA Privacy Updates: Hot Compliance Issues," Pennsylvania Bar Institute, March 13, 2002
  • Speaker, "HIPAA Privacy Regulations: An Overview," Family Planning Council, March 8, 2002
  • Speaker, "HIPAA in the Hospitals; Series I: Business Associates," The Hospital & Healthsystem Association of Pennsylvania, Harrisburg, Pennsylvania, December 7, 2001
  • Speaker, "HIPAA: Role of Counsel," ISS, King of Prussia, Pennsylvania, November 28, 2001
  • Speaker, "HIPAA: The Next Dilemma: A Case Approach," Pennsylvania Trauma Systems Foundation, November 1, 2001
  • Speaker, "HIPAA Consent, Authorization and Notices," e-Health, November, 2001
  • Speaker, "HIPAA – Consents, Authorizations and Notices," Pennsylvania Bar Institute Health Law Institute Seminar, Philadelphia, Pennsylvania, October 15, 2001
  • Speaker, "Make Your Contract Work for Your Patients: Making Sense of Grievances, Appeals and Provider Disputes under Act 68," The Hospital & Healthsystem Association of Pennsylvania, State College, Pennsylvania, September 28, 2001; Monroeville, Pennsylvania, October 12, 2001
  • Speaker, "HIPAA Now: Consent, Authorization and Individual Rights," The Learning Institute at Quorum and Covansys, Baltimore, Maryland, July 24-25, 2001
  • Speaker, "The HIPAA Privacy Regulations: An Overview," Pennsylvania Bar Institute Health Law Seminar, Philadelphia, Pennsylvania, June 12, 2001
  • Speaker, "The Final Privacy Regulations: Where to Start?", The Hospital and Healthsystem Association of Pennsylvania, Philadelphia, Pennsylvania, May 10, 2001; Monroeville, Pennsylvania, May 15, 2001; Harrisburg, Pennsylvania, May 17, 2001
  • Speaker, "The HIPAA Privacy Regulations: Where to Start?", Florida Hospital Association, Orlando, Florida, February 19, 2001; Ft. Lauderdale, Florida, April 19, 2001
  • Speaker, "Act 68 and HealthChoices Key Requirements: How Do They Fit Together?", Delaware Valley Healthcare Council Fifth Annual Update, Philadelphia, Pennsylvania, March 20, 2001
  • Speaker, "The HIPAA Privacy Regulations: An Overview," Pennsylvania Bar Institute Health Law Institute Seminar, Philadelphia, Pennsylvania, March 14, 2001
  • Speaker, "Manager Care Contracting Tips," The Hospital & Healthsystem Association of Pennsylvania, Philadelphia, Pennsylvania, November 28, 2000; Pittsburgh, Pennsylvania, November 30, 2000 and Harrisburg, Pennsylvania, December 6, 2000
  • Speaker, "The Federal HIPAA Administrative Simplification Provisions, Affecting the Transmission and Disclosure of Electronic Health Information," Florida Hospital Association, November 20, 2000
  • Speaker, "The Federal Health Insurance Portability and Accountability Act of 1996," National Psychiatric Alliance, St. Michaels, Maryland, October 24, 2000
  • Speaker, "HIPAA Administrative Simplification and Privacy Requirement," "Minimizing Regulatory Finds and Litigation in Long-Term Care and Assisted-Living Facilities," New Jersey Center for Health Care Education, Seminar sponsored by Duane, Morris & Heckscher LLP, September 28, 2000
  • Speaker, "Investigating the Wonders of Emergency Room Compliance - Is it Really Urgent?" Health Care Compliance Association, New Orleans, Louisiana, September 24-27, 2000
  • "Contracting with Managed Care Organizations under HealthChoices," The Hospital & Healthsystem Association of Pennsylvania, Harrisburg, Pennsylvania, August 1, 2000
  • "Health Information Privacy and Security Standards Under the 1996 Federal Health Insurance Portability and Accountability Act (HIPAA), "Maine and New Hampshire hospitals affiliated with Quorum Health Resources, Inc., Bangor, Maine, June 8, 2000
  • "Developments in Emergency Services," Pennsylvania Bar Institute, Health Law Institute, Philadelphia, Pennsylvania, March 17, 2000
  • "EMTALA, Managed Care and Related Issues," Philadelphia Area Society of Healthcare Risk Managers, Philadelphia, Pennsylvania, October 1, 1999
  • Co-Speaker, "Overview of Stark II and its Interaction with Other Federal Laws and Regulations," Duane Morris & Heckscher, Philadelphia, Pennsylvania, March 19, 1998
  • "Update... Confidentiality of Medical Records," Lorman Business Center, Inc. seminar, Cherry Hill, New Jersey, April 6, 1999; Cherry Hill, New Jersey , April 1, 1998
  • Planner, "The Year in Non-Profit Healthcare Law," Delaware Valley Healthcare Council of HAP Symposium, Philadelphia, Pennsylvania, December 2, 1998
  • Speaker, "Update on Confidentiality of Medical Records," Lorman Business Center, Inc. seminar, Philadelphia, Pennsylvania, September 27, 1996; Lancaster, Pennsylvania, March 7, 1997
  • Presentations to the Philadelphia Bar Association's Health Care Committee at Widener University on Gestational Carrier Agreements
  • Planner, "Health Care Policy and Legislative Developments," Healthcare Financial Management Association, January 1995
  • Speaker, "Gestational Carrier Agreements," Widener University, November 1994
  • Speaker, Health Care Committee of the Philadelphia Bar Association, November 1993