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Health Care 2011

Author(s): Ellen J. Flannery, Karen S. Lovitch
Practice Area: Health Care
Published: Jun 2011
ISBN: 9781402416095
PLI Item #: 28888
CHB Spine #: M2

Karen Lovitch is the Practice Leader of the firm’s Health Law Section.

Karen counsels health care clients on regulatory, transactional, and operational issues, including Medicare coverage and reimbursement, the development and implementation of health care compliance programs, and licensure and certification matters. In addition, Karen advises clients on the legal, practical, and fraud and abuse implications of business arrangements. Her expertise includes the anti-kickback statute, the Stark law, and state statutes prohibiting kickbacks and self-referrals.

Karen applies her compliance and regulatory experience in transactional as well as litigation contexts. In addition to counseling health care entities on regulatory matters arising in connection with mergers and acquisitions, she has successfully defended clients subject to state and federal surveys, Medicare and Medicaid overpayment and reimbursement appeals, and state licensure proceedings. Karen’s recent accomplishments include successful representation of an academic medical center in a Medicare reimbursement appeal that resulted in a $21 million settlement in favor of the provider. Karen also represents clients subject to state and federal investigations alleging violation of the anti-kickback statute, the federal False Claims Act, and other state and federal laws.

Karen has special expertise in the representation of laboratories and diagnostics companies. She regularly counsels on compliance with CLIA and state laboratory licensure laws, federal and state limitations on billing for diagnostic services, and legal restrictions on sales and marketing activities. Karen has served as regulatory counsel in a number of mergers and acquisitions involving laboratories and diagnostics companies.
In 2007, Nightingale’s Healthcare News, a monthly health care industry publication, recognized Karen as an Outstanding Young Healthcare Lawyer. Karen has written and lectured on a variety of issues confronting laboratories and others in the health care industry.

In November 2008, Karen completed the Harvard Business School's sevenday program on Leading Professional Service Firms.

Karen is a member of the West Virginia University Eberly College of Arts and Sciences Advisory Board, and she served on the Board of Directors of Suited for Change, a nonprofit organization that provides life skills and other assistance to low-income women seeking employment, from 2007 through 2010.

Karen is admitted to practice in the District of Columbia and the Commonwealth of Virginia. She is a summa cum laude graduate of West Virginia University and a member of Phi Beta Kappa. She graduated with her J.D., magna cum laude, from the Washington College of Law at the American University.

District of Columbia

American University, JD
West Virginia University, BA