Lisa W. Clark practices in the area of healthcare law with specific focuses in health information technology (HIT), regulatory compliance and reimbursement matters for hospitals (general acute care, substance abuse, psychiatric, and children’s), outpatient providers, post-acute care providers, physicians and other healthcare providers; software developers and investors in HIT and healthcare products and services; and subcontractors and vendors providing services to the healthcare industry.  She has particular experience with telemedicine and mobile health (mHealth) and consults on the implementation of health information exchange/organizations, data use arrangements and data privacy and security.  She also consults on issues related to accountable care organizations (ACOs), gainsharing and other value-based contracting arrangements as well as managed care contracting.  For over twenty years, she has provided legal support to The Hospital & Healthsystem Association of Pennsylvania (HAP). She assists providers with across-the-board regulatory compliance, and is a frequent speaker and writer regarding HIPAA, the Affordable Care Act, the Medicare payment reform laws (MACRA) and ongoing significant legal developments related to healthcare reform.  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

  • Assisted health system in establishing enterprise- and community-based health information exchange/organization designed for the sharing and disclosure of patient information between and among patients, their physicians and other providers.
  • Managed numerous data breach responses under HIPAA and state law requirements, including breaches involving individuals in 50 states and foreign countries; supervised responses to agency investigations.
  • Negotiated on behalf of providers with numerous electronic health records (EHR) and other HIT vendors including those providing population health infrastructure for ACOs and other value-based purchasing arrangements.
  • Advised health systems on the development of Medicare provider-based on-and off-campus sites and regulatory compliance including extensive negotiations with state licensure agencies and the Centers for Medicare and Medicaid Services (CMS); working with numerous hospitals on provider-based issues under changing laws.
  • Oversaw nursing home system response to state licensure investigation and negotiations to avoid loss of licensure and Medicare program exclusion.
  • Represented over thirty hospitals in group appeals before Medicaid agency concerning repayment of millions of dollars of excess disproportionate share payments.
  • Represented multi-site health system and other healthcare providers in the development of and contracting related to hospital-physician networking organization and value based purchasing arrangements with large payors and employers.
  • Obtained settlement in a complex litigation on behalf of 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.
  • Routinely assists providers with peer review, credentialing, medical staff bylaws and patient safety programs and matters.

Civic and Charitable Activities

  • The Public Interest Law Center, Board of Directors
  • Women's Law Project, Board of Trustees

Professional Activities

  • American Bar Association
    - Health Law Section
    -Administrative Law and Regulatory Practice Section
  • Pennsylvania Bar Association
  • American Health Lawyers Association
  • Member, The Chamber of Commerce for Greater Philadelphia, Health Care Action Team (HCAT)
  • Past Board Member, Pennsylvania eHealth Partnership Authority

Admissions

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

Experience

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

Honors and Awards

  • Listed in Chambers USA: America's Leading Lawyers for Business [MBI], 2015-2016
  • Listed as a Top Rated Lawyer in Healthcare by American Lawyer Media and Martindale-Hubbell™, 2013
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell

Selected Publications

Selected Speaking Engagements

  • Speaker, American Association of Strategic Regional Organizations (AASRO) Inaugural Conference, October 17-18, 2016
  • Speaker, "Regulatory Compliance" and "Healthcare Data Compliance," 4A Healthcare Data Security & Privacy Symposium, October 4, 2016
  • Panelist, "Sharing Healthcare Data: Legal and Practical Considerations for Data Use Agreements," HB Litigation Conferences and 4A Security & Compliance Webinar, June 2, 2016
  • Panelist, "Security Incidence Response: Taking the Lead Rather Than Being Taken Hostage," DVHIMSS Spring Webinar, April 5, 2016
  • Speaker, "4A Healthcare Data Security & Privacy Symposium 2015," HB Litigation Conferences, October 22, 2015
  • Speaker, "2nd Annual ABA-FDLI-MDMA Medical Device Conference," American Bar Association (ABA), October 15-16, 2015
  • Panelist, "Mobile Health M&A: Market Outlook," Webinar, October 8, 2015
  • Panelist, "Hot Topics in mHealth, Population, Health & Telemedicine," ABA Conference on Emerging Issues in Healthcare Law, Lake Buena Vista, FL, March 5, 2015
  • Panelist, "Life-Threatening Hacks: Mobile Health, EHRs and Medical Device Data Security," Drexel University Cybersecurity Institute Symposium Healthcare Data Security Part II, Philadelphia, Pennsylvania, February 25, 2015
  • Co-Presenter, "Trending Compliance Issues," Medical Device & Legal Professionals: A Collaborative Exchange, American Bar Association and Medical Device Manufacturers Association, Washington, DC, December 11, 2014
  • 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