Kathleen Carver Cheney, Esq.

Partner

Kathleen Carver Cheney’s unique qualifications include a clinical background as a nursing leader combined with more than 15 years of healthcare transactional and regulatory experience. She represents a range of healthcare providers with a focus on long-term and post-acute care. Her clients include skilled nursing facilities, adult care facilities, assisted living, home health agencies, hospices, managed long term care plans, and commercial lenders in the areas of acquisitions, regulatory compliance, finance, real estate, fraud and abuse, compliance, Medicare and Medicaid reimbursement, survey and certification, Certificate of Need, HIPAA privacy, and end-of-life issues. Kathleen speaks and writes extensively on issues relating to healthcare quality and innovation. In her pro bono work, she has acted on behalf of the African-American Policy Forum, the Social Work Hospice/Palliative Care Network, Judy’s Run for Stroke Awareness, Citibar Justice Center Women’s Immigration Project, Citibar Veterans Project and GEMS Sex Trafficking Project.

 

Partner Kathleen Carver Cheney is Featured Presenter at GNYHCFA Seminar “Managed LTC Expands to Nursing Homes: Are You Ready?”

Download : “Managed LTC Expands to Nursing Homes: Are You Ready?”

Download: “DSRIP and NHQP Information.”

Recent Matters

  • Served as regulatory counsel for the purchase of a nursing-home chain that involved obtaining new licenses and Medicare/Medicaid provider agreements for 130 nursing facilities in 17 states.

  • Represented a purchaser in the acquisition of nine nursing facilities in the Northeast.

  • Represented a commercial lender in financing the acquisition of four nursing facilities out of Chapter 11 bankruptcy.

  • Represented a commercial lender in financing a $150 million acquisition of four nursing facilities in New York and New Jersey.

  • Obtained a New York State Department of Health Certificate of Authority for a Managed Long Term Care Plan.

  • Negotiated commercial leases for nursing facilities and provider offices.

  • Represented borrowers in financing and refinancing transactions including HUD.

  • Represented a nursing home chain in divesting itself of a non-performing New Jersey nursing facility.

  • Advised the operator of a pediatric nursing facility regarding regulatory issues.

  • Represented providers of early intervention services, applied behavioral therapies for autism, and psychological services for nursing facility residents.

  • Analyzed corporate practice of medicine and nurse practitioner scope of practice issues for an e-prescribing service.

  • Obtained state attorney general and supreme court approval for disposition of assets by a not for profit corporation.

  • Represented a large regional hospice in contracts with nursing facilities for residential and inpatient services.

  • Obtained New York State Public Health and Health Planning Council approval for construction of a replacement nursing facility in Brooklyn, and for expansion of nursing facilities in upstate New York and on Long Island.

  • Obtained New York State Public Health and Health Planning Council approval for a nursing facility to open an on-site dialysis center.

  • Appealed a Medicare audit of a psychological service provider with 100% recovery of proposed recoupments.

  • Prepared HIPAA compliance programs and updated for 2013 HIPAA and HI-TECH amendments.

Publications

  • Co-author, “A Road Map To The Electronic Health Records Program,” Law360, May 10, 2010
  • Co-author, “New York Restricts Mandatory Overtime for Nurses,” Duane Morris Alert, March 11, 2010
  • Co-author, “Adopting Electronic Medical Records: What Do the New Federal Incentives Mean to Your Individual Physician Practice?,” The Journal of Medical Practice Management, July/August 2009
  • Co-author, “The Cogeneration Option: Saving Money and the Planet,” Healthcare Design Magazine, May 27, 2009
  • Co-author, “Electronic Health Records and Health Information Technology Under the New Federal Stimulus Act: How Are Healthcare Entities Affected?,” Duane Morris Alert, March 3, 2009
  • “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

Speaking Engagements

  • “Managed LTC Expands to Nursing Homes: Are you Ready?” Greater New York Health Facilities Association, New York, February 12, 2014
  • “CON and Long Term Care Reform in  New York State” at the New York State Health Facilities Association  Executive Education Conference, Puerto Rico, January 11, 2013
  • Presenter, “Managed Long Term Care Plans” at Intercounty Health Facilities Association and Horan Martello Morrone Reimbursement Seminar November 29, 2012
  • Presenter, “Managed Long Term Care  Plans” at Healthcare Financial Management Association, October 24, 2012
  • Presenter, “Long Term Care and Certificate of Need Reform” at the New York State Health Facilities Executive Conference, Grand Cayman, January 12, 2012
  • Presenter, “Technologies and  Patient Care: A Double-Edged Sword?,” New York Association of Homes and Services for the Aging, May 26, 2010
  • Presenter, “Electronic Health Records and the New HITECH Act,” Lorman Seminars, New York City, March 10, 2010
  • Presenter, “What’s New in  Certificate of Need and Long-Term Care Planning?,” New York State Health Facilities Mid-Winter Conference, Cancun, Mexico, January 16, 2009
  • 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
  • “Legal and Regulatory Issues in Long-Term Care: An Update and Primer,” New York State Bar Association Conference, May 14, 2004
  • “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, “HIPAA Privacy Policies and Procedures: What is Required?,” Pharmacy Congress sponsored by St. John’s University, New York, New York, March 4, 2003
  • “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-Making Enterprises,” Grant Thorton Seminar, September 26, 2002
  • Presenter, “Fraud and Abuse in the Dialysis Setting,” 33rd National Symposium of the American Nephrology Nurses’ Association, Orlando, Florida, May 25, 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
  • Qualitative Study of the Experience of Living with AIDS,” Nursing Science Quarterly, September 1990