Susan V. Kayser practices in the area of health law, representing a variety of healthcare providers on business and regulatory matters including multi-state facility licensing, due diligence in property acquisitions, healthcare fraud and abuse, development of corporate compliance plans and internal compliance audits, telemedicine and e-health, business transactions, Medicare/Medicaid audit and overpayment issues, HIPAA privacy issues, licensing and acquisition, quality of care defense and professional rights. She has particular experience in issues affecting owners and operators of nursing homes and assisted living facilities. Ms. Kayser chairs the Services for Long-Term Care and Assisted Living Providers subgroup of Duane Morris' Health Law Practice Group.

Prior to entering private practice, Ms. Kayser was Assistant Regional Counsel for the U.S. Department of Health and Human Services, Region II. Ms. Kayser is the legal consult editor of Long-Term Care Interface and a member of the legal advisory board of Briefings On Long Term Care Regulation. She is co-chair of the board of the Alzheimer's Association's New York City Chapter, a member of the American Health Lawyers Association and a member of the Health Law Section of the New York State Bar Association. A former adjunct professor of law at Pace University School of Law, Ms. Kayser attended St. John's University School of Law and is a graduate of the University of Wisconsin-Eau Claire. She was named a New York City Super Lawyer in 2006, 2007 and 2008.

Areas Of Practice

Healthcare Law

Representative Matters

Represented investor on health regulatory licensing matters in connection with acquisition of assisted living and skilled nursing facilities in Arizona, California, Colorado, Florida, Georgia, Kansas, Nevada, New Jersey, North Carolina, Ohio and Virginia.
Succeeded in getting CMS to withdraw a nursing home immediate jeopardy finding.
Represented diagnostic and treatment center in audit of physical therapy billings by the New York Medicaid Inspector General (OMIG), succeeding in reversing a recoupment order.
Represented six applicants in preparing response to New York State Department of Health Request for Applications for 1584 newly-authorized Assisted Living Programs beds.
Represented skilled nursing facility in patient neglect investigation by Medicaid Fraud Unit of the New York State Attorney General's Office, resulting in no sanctions being imposed.
Represented a home care agency in negotiation of an employment agreement with an executive-level marketer.
Assist skilled nursing facilities, home care agencies and physician practice groups in developing and implementing a corporate compliance program.
Arranged for Department of Health, State Attorney General and court approvals of dissolution of a non-profit nursing home corporation.
Serve as health regulatory counsel to a company that owns and operates assisted living and skilled nursing facilities across the country. Handle all aspects of facility licensing in connection with acquisitions and sales in various states. Also advise on proper treatment of health regulatory matters in transaction documents, assist in due diligence, and prepare opinion letters to lenders.
Represented the investor-owner of a large national assisted living company in the acquisition of 17 assisted living facilities in six states. Handled all state licensure applications, obtaining license approval within the timeframe required for closing the transaction. Coordinating with the client and outside corporate counsel, advised on health regulatory matters to ensure that the transactional documents reflected regulatory requirements and prohibitions. Also prepared opinion letters to multiple lending sources and property owners, including Fannie Mae and health care REITs.
Represent numerous owners/operators of assisted living communities on New York regulatory matters, including obtaining licenses to operate.
Served as health regulatory counsel to a for-profit developer that obtained tax credit financing for an assisted living residence project.
Represent the owner of an assisted living residence in a sale/leaseback transaction with a REIT.
Defended a multi-site physician practice group in an investigation by the New York State Office of Professional Medical Conduct, and avoided charges being brought.
Serve as compliance counsel to a large home care agency.
Represent a skilled nursing facility in a dispute with a state Medicaid agency over the facility's level of Medicaid reimbursement.
Obtained group exemption status from the IRS for a nonprofit organization providing a variety of services to the elderly.
Represent health care providers, including nursing homes and home care agencies, in government investigations.
Handle various business transactions, including purchase and sale of long term care facilities and contracting with ancillary service providers.
Develop corporate compliance plans and HIPAA compliance plans for health care providers, including skilled nursing facilities and home care agencies
Conduct internal investigations of health care compliance matters for various types of health care providers and, where necessary, negotiate with federal and state government agencies for return of Medicare/Medicaid overpayments.

Professional Activities

Adjunct Professor of Law, Pace University School of Law, Health Law Program (1995-1996)
New York State Bar Association
- Health Law Section
American Health Lawyers Association
American Seniors Housing Association
- Executive Committee (Duane Morris Representative)
Legal Consult Editor, Long-Term Care Interface
Legal Advisory Board, Briefings on Long Term Care Compliance

Admissions

New York
United States District Courts for the Southern and Eastern Districts of New York
United States Court of Appeals for the Second Circuit

Education

St. John's University School of Law, New York

Experience

Duane Morris LLP
Partner, 2002-present
Arent Fox Kintner Plotkin & Kahn, PLLC, New York, New York
Member, 2000 - 2002
Associate, 1996 - 1999
Kronish, Lieb, Weiner & Hellman LLP, New York, New York
Associate, 1990-1996
Spector, Scher, Feldman, Karassik & Levy, New York, New York
Associate, 1988-1990
U.S. Department of Health and Human Services
Assistant Regional Counsel, 1985-1988
American Civil Liberties Union, New York, New York
Staff Attorney, 1983-1985

Board Memberships

Alzheimer's Association, New York City Chapter
- Co-chair, Board of Directors, 2004-2008

Civic and Charitable Activities

President, Montgomery Towers Cooperative Corporation (1991-1996)
Vice President, York Street Project (1994-1997)

Selected Publications

"The Role of Home Health Care Services in Assisted Living," New York State Bar Association Health Law Journal, Spring 2008, Vol. 13, No. 2
"New York Law Requires Medicaid Providers to Establish Compliance Programs," The Empire State Association of Assisted Living's November/December 2007 newsletter
"Medicare Part D: Limitations Imposed on Residential Services Providers in Assisting Residents to Choose Their Plan," American Seniors Housing Association Legal Notes, May 2006
"HIPAA Hits Employer Group Health Plans," Assisted Living Today, January/February 2004
"Disability Discrimination Issues in Move-In and Retention/Discharge," American Seniors Housing Association Legal Notes, Fall 2002.
"HIPAA Health Information Privacy Requirements: Are You Ready?," American Senior Housing Association Legal Notes, Winter 2001-2002
"How to Protect a Facility's Legal Rights in a Government Investigation," BNA's Health Care Fraud Report, Vol. 4, No. 2, p. 731, October 18, 2000
"OIG Scrutinizes Nursing Home/Hospice Arrangements," Long-Term Care Compliance Advisor, Vol. 1, No. 3, August 2000
"Avoiding Teleradiology's Legal Pitfalls," ADVANCE for Administrators in Radiology and Radiation Oncology, Vol. 10, No. 8, August 2000
"Compliance Program Guidance Highlights New Skilled Nursing Facility Issues," Long-Term Care Interface, Vol. 1, No. 3, July/August 2000
"Seniors Housing Corporate Compliance," American Seniors Housing Association Handbook, 1999
"Health Care Decision-Making in New York: Living Wills," New York Law Journal, July 14, 1993 (co-authored)
"Health Care Decision-Making in New York: Health Care Proxies," New York Law Journal, June 21, 1993 (co-authored)

Selected Speaking Engagements

"Medicaid Compliance: The New Watchword for Assisted Living Programs," Empire State Association of Assisted Living Annual Meeting, May 19, 2008
"Long Term Care Restructuring as Affecting Assisted Living Residences," New York State Bar Association 2008 Long Term Care Conference, May 2, 2008
"Strategies for Responding to Healthcare Fraud Investigations," American Conference Institute symposium on Healthcare Fraud Investigations, Washington, D.C., March 31-April 1, 2008
Co-Moderator, Legal Issues Roundtable, Annual Meeting of the American Seniors Housing Association, January 16, 2006
"The Risk is Real: Healthcare Fraud Laws for Assisted Living," Annual Meeting of American Association of Home and Services for the Aging, November 9, 2005
"Legal Issues in Caring for People with Dementia," Spring Meeting of New York State Association of Homes and Services for the Aging, June 7, 2005
"Healthcare Fraud and Abuse Rules: They Can Apply to Assisted Living," Empire State Association of Adult Homes and Assisted Living Facilities, May 16, 2005
"Legal Issues in Caring for People with Dementia," Empire State Association for Assisted Living Annual Meeting, May 16, 2004
"Managing the Relationship Between You and Your Home Care Agency," Annual Meeting of Empire State Association of Adult Homes and Assisted Living Facilities, April 30, 2006
"HIPAA for Employers," Seminar sponsored by Lorman Education Services, March 30, 2004
"Risk Management Strategies in Assisted Living Operations," February 26, 2004
"HIPAA's Effect on Small Group Health Plans," Audioconference sponsored by the Assisted Living Federation of America, February 25, 2004
Co-Moderator, Legal Issues Roundtable, Annual Meeting of the American Seniors Housing Association, January 13, 2004
"Avoiding Legal Pitfalls: Managing Day-to-Day Operational Risks," presentation to a group of New York assisted living providers, December 8, 2003
Presenter, "Resolving Care Issues and Effective Communication with Residents, Families and Friends," program co-sponsored by the American College of Health Care Administrators-NY and the New York State Bar Association, October 20, 2003
"HIPAA for Health Plans," Annual Meeting of the Georgia Affiliate of the Assisted Living Federation of America, September 30, 2003
"Avoiding Legal Pitfalls: Managing Day-to-Day Operational Risks," Annual Meeting and Trade Show of the Empire State Association of Adult Homes and Assisted Living Facilities, May 21, 2003
"Understanding HIPAA: The Basics for New York Assisted Living Programs," program sponsored by the Empire State Association for Adult Homes and Assisted Living Facilities, March 6, 2003
"Contractual Issues in Assisted Living," American Health Lawyers Association's Annual Program on Long Term Care and the Law Program, February 19-21, 2003
Presenter, "Marketing and Move-in: How to Steer Clear of Legal Pitfalls," Annual Assisted Living and Retirement Housing Summit, sponsored by the New York Association of Homes and Services for the Aging, October 17, 2002
"Risk Management in Assisted Living Operations," Annual Meeting of American Health Care Association, October 7, 2002
Presenter, "Legal Issues in Assisted Living Operations," Spring Meeting of the New York Association of Homes and Services for the Aging, June 5, 2002
Panelist, "Impact of Anti-Discrimination Laws on Quality of Care in Assisted Living Operations," Assisted Living Workgroup, May 16, 2002
"Legal Issues in Caring for Alzheimer's/Dementia Residents," Spring Conference of Assisted Living Federation of America, April 4, 2002
"Rights and Responsibilities in a Government Investigation," Long Term Care and the Law Program sponsored by Greater New York Hospital Association, December 19, 2001
"Health Care Fraud: Why the Fuss?" Spring Conference of Assisted Living Federation of America, April 6, 2001
"Legal Update," Spring Conference of American Association of Homes and Services for the Aging, March 13, 2001
"Fraud and Abuse in Assisted Living: The Risk is Real," American Health Lawyers Association Annual Program on Long Term Care and the Law, February 6, 2001
"Health Care Compliance Issues for CCRCs," CCRC Issues Forum, Annual Meeting of American Association of Homes and Services for the Aging, October 24, 2000
"Fraud and Abuse in Assisted Living: Can it Happen to You?" Annual Meeting of American Association of Homes and Services for the Aging, October 27, 1999
"Nurse Call Centers/Telehealth Services," Telemedicine National Conference on Legal and Policy Developments sponsored by Center for Telemedicine Law and American Telemedicine Association, October 14, 1999
"Long Term Care and Home Health," program on Fundamentals of Health Law sponsored by American Health Lawyers Association, October 6, 1998
"Telemedicine: A Legal Point of View," Annual Meeting of Society of Nuclear Medicine, June 6, 2000