For nearly 20 years, Kimberly Kirk has provided practical, informed and responsive counsel to health care providers throughout the region and nationally. Her goal in providing counsel and advice is to develop solutions that protect clients’ interests and advance their business goals while meeting regulatory requirements.
Ms. Kirk works on significant regulatory and transactional matters involving health care-related companies. Her practice includes advising clients on:
- Transactional matters, such as acquisitions, joint ventures, and contracts, for hospitals and hospital systems, assisted living facilities, physician practices and individual physicians
- Electronics health records issues, including negotiation of EHR vendor agreements, compliance with meaningful use criteria and Stimulus Act incentives requirements
- Regulatory compliance, including Federal fraud and abuse, the Stark law and EMTALA
- Medicare, Medicaid and third-party payer coverage and reimbursement
- Development of HIPAA policies and procedures and related operational issues, such as permitted uses and disclosures of protected health information
- Tax-exempt status issues and tax-exempt bond financing
- Clinical research issues, including negotiation and drafting of clinical trial agreements for hospitals and physician groups, Medicare reimbursement, informed consent and the use and disclosure of information for research purposes
- Patient-care and risk-management matters
- Financing transactions involving health care-related companies, including issues related to security interests in Medicare receivables
- Medical-staff bylaws and related documents, policies and procedures, and controversies
Ms. Kirk is an active participant in State and national health law organizations, and regularly attends and speaks at health care-related conferences.
- Named a Charlotte Health Care Law "Lawyer of the Year" by Best Lawyers in America, 2013
- Presenter, 2013 American Health Lawyers Association Physicians and Physician Organizations Law Institute, "The Evolution of HIPAA: Impact of HITECH and Increased HIPAA Enforcement on Physician Practices"
- Co-presenter, Healthcare Reform Update 2012, January 2012, Mecklenburg County (NC) Bar
- Presenter, Health Care Symposium, September 2009, sponsored by Moore & Van Allen, PLLC and LarsonAllen, LLP
- Speaker, Sixth National HIPAA Summit, "Understanding and Negotiating Trading Partner Agreements" (part of preconference symposium sponsored by AHLA)
- Co-presenter, 2000 AHLA Physicians and Physician Organizations Law Institute, "Unwinding Physician Practice Acquisitions"
- Frequently lectures and writes on health care legal issues