In the News

Haynes and Boone Lawyers Repeat Strong Showing in D Magazine’s Best Lawyers List

DALLAS D Magazine has once again recognized Haynes and Boone, LLP lawyers in its annual “Best Lawyers of Dallas” list of top local legal talent. >>



Recent Publications

Key Developments in Privacy and Data Security

Cyber threats are inarguably on the rise, and regulators and law enforcement are stepping up their efforts to ensure that companies are managing personal data responsibly, creating a perfect storm of risk. More and more, our clients are asking, “What can we do to protect ourselves?” The answer? Be aware of the risks, understand the legal implications, and prepare for the inevitable. >>

CMS Extends MSSP ACO Waivers

With the recent announcement to extend the waivers of certain fraud and abuse laws for accountable care organizations (ACOs) participating in the Medicare Shared Savings Program (MSSP), ACOs can continue using the waivers in their current form - at least for now. >>

LabMD Appeals District Court Dismissal, Eleventh Circuit Denies Emergency Relief

LabMD, Inc. renewed its argument that the FTC lacks authority to regulate the data security practices of HIPAA covered entities by appealing the dismissal of its case for lack of jurisdiction to the Eleventh Circuit. >>

FTC Retains Authority to Regulate Data Security at HIPAA Covered Entities - For Now

The healthcare industry will have to wait for a court to answer the question of whether the United States Federal Trade Commission (the “FTC”) has authority to regulate data security practices of entities covered by the Health Insurance Portability and Accountability Act (“HIPAA”). >>

Diversity Highlights (2013)

The Attorney Diversity Committee (ADC) at Haynes and Boone, LLP is comprised of more than 60 attorneys, management and administrative team members that meets each month to advance our firm’s numerous diversity efforts. This document summarizes the efforts and accomplishments of 2013. >>



Kenya S. Woodruff

Counsel
Co-Chair - Healthcare Practice Group

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5446
F +1 214.200.0945

Areas of Practice

Education

  • J.D., Duke University School of Law, 1999
  • B.A., Philosophy and Political Science, Emory University, 1996, J. Gordon Stipe Society Scholarship

Bar Admissions

  • Texas, 1999

Court Admissions

  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Western District of Texas
Kenya S. Woodruff

Kenya Woodruff is co-chair of the Healthcare Practice Group of Haynes and Boone, LLP. Her practice is dedicated to healthcare regulatory and related transactional and business matters. Her counseling activities focus on the creation and maintenance of compliant healthcare operations and structures for physicians, hospitals, home health and hospice providers, including accountable care organizations and the proper utilization of nonprofit health organizations (formerly known as 5.01(a)'s). Her practice also includes advice on compliance with HIPAA/HITECH, Stark, anti-kickback and other applicable fraud and abuse laws.

Prior to joining Haynes and Boone, Kenya served as Deputy General Counsel at the Dallas County Hospital District d/b/a Parkland Health & Hospital System. She was the attorney primarily responsible for government investigations and provided legal support and consult for the hospital's daily operations. Before joining Parkland, in addition to her experience as outside counsel to healthcare entities, Kenya was the Vice President of Compliance and Associate General Counsel for a national radiology services company.

Representative Experience

  • Represented national hospital system in the acquisition of a hospital system in San Antonio, Texas, including necessary licensure change of ownership applications.
  • Represented a Texas entity in the formation and implementation of chiropractic practice management entities in Ohio, Illinois and Washington.
  • Represented an accountable care organization having more than 350 independent physicians and an investor entity in the formation, application process and operational phases. 
  • Represented group of physicians in the formation of a tax-exempt 501(c)(6) physician alliance designed to encourage best clinical practices and to improve the quality of care for patients in North Texas.
  • Represented psychiatric hospital in the negotiation of a management agreement for services rendered in the psychiatric emergency department at a large public hospital system.
  • Represented investors and operators in the formation of 5.01(a)-type non-profit health organizations. 
  • Represent a Dallas-based physician group in negotiations with a Texas hospital district to outsource the provision of emergency medical services for county hospitals and provide graduate medical education programs for medical residents and fellows.
  • Represent a managed care company that markets and administers health insurance in various internal investigations regarding regulatory compliance.
  • Represent a primary care provider in the restructuring of an urgent care clinic acquisition.
  • Represent primary care provider in acquisition of physician group practices.
  • Represent primary care clinics in investigation initiated by Medicaid managed care entity.
  • Provide routine operations counsel for the North Texas division of a national hospital system.
  • Provide HIPAA compliance advice and training for hospitals, clinics, electronic patient population management companies, and other business associates.
  • Provide counsel and assistance with application for payment under the Texas Uncompensated Care Program.

Selected Speeches and Publications

  • "The ACA and its Impact on Workers’ Compensation," presentation,  Blue Goose International - Texas Pond Workshop, September 11, 2014.
  • "Healthcare Insurance and Delivery Post Affordable Care Act," panelist, State Bar of Texas, Texas Minority Counsel Program, September 4, 2014.
  • "Achieving Effective Compliance Post-Affordable Care Act," co-presenter, webinar, Physician Hospitals of America, June 26, 2014.
  • "Physician-Owned Entities Still Under Federal Microscope," Law360, December 20, 2013.
  • “83rd Texas Legislative Session Health Care Update,” webinar co-sponsored by the State Bar of Texas, Health Law Section and the Texas Hospital Association, July 30, 2013.
  • “Legislative Update 2013: The Texas Legislature and Healthcare,” State Bar of Texas Annual Health Law Section Meeting, June 21, 2013.
  • “Implications for Personalized Medicine after Myriad,” Lexology, June 20, 2013.
  • “Accountable Care Organizations: Structuring and Planning Considerations,” Dallas Bar Association Health Law Section, June 19, 2013.
  • “OIG Releases Updated Self-Disclosure Protocol,” Lexology, April 19, 2013.
  • “How Does the Affordable Care Act Affect My Franchise Clients?” Dallas Bar Association Franchise and Distribution Law Section, April 16, 2013.
  • “HHS Provides Amendments to HIPAA Privacy and Security Regulations to Conform Regulations to HITECH, GINA and Add Some Additional Changes,” Lexology, January 25, 2013.
  • "Payer-Physician Alignment Strategies: Prevailing Legal, Valuation and Industry Perspectives," American Bar Association, Health Law Section, January 17, 2013.
  • “Appeals Court Overturns $44 Million Judgment Against Tuomey Hospital in Important Stark Law Case,” Lexology, April 4, 2012.
  • “Fate of Health Reform is Uncertain After Supreme Court Oral Arguments,” Lexology, April 3, 2012.
  • "Medical Records Law in Texas: General Principles of Confidentiality, Access to Medical Records and HB 300," Lorman Education Services, 2012.
  • "Ethical Dilemmas: When Healthcare Investigations Meet Litigation," Dallas Bar Association, Health Law Section, 2012.
  • "Supreme Court Decision: Are We Ready for What's Next?" Health Industry Council of the North Texas Region, July 10, 2012.
  • “State Medicaid RAC Audits to Begin in 2012,” Lexology, November 29, 2011.
  • “Health Law Careers Symposium,” Health Law Association, Dedman School of Law, September 29, 2011.
  • "The Current State of Health Reform," Dallas Bar Association, 2011.
  • "Healthcare Reform: The Highlights," State Bar of Texas, Texas Minority Counsel Program, 2010.
  • "Chapter 3: The Medicare Appeal Process: Procedural and Practical Considerations," Health Law and Compliance Update, John Steiner ed., Aspen Publishers, 2009.
  • "The Medicare Appeals Process and Recoupment: the Provider's Dilemma," American Health Lawyers Association, Healthcare Liability & Litigation Practice Group Newsletter, 2008.
  • "HIPAA: The Latest and Greatest," Medical Device Action Alliance, An Affiliate of the Health Industry Council, 2008.
  • "Medicare Appeals - Part A and Part B Fee for Service," Dallas Bar Association, Health Law Section, 2008.
  • "HIPAA for Employers," Urban League of Greater Dallas and North Central Texas, 2008.
  • "ADA: Acquiring Disability Awareness...in our Healthcare Facilities," American Health Lawyers Association, In-House Counsel Section, 2006.
  • "The Indigent Health Care and Treatment Act," Dallas Bar Association, Health Law Section, 2006.
  • "National Provider Identifier Initiative," North Texas Healthcare Compliance Professionals Association, 2006.
  • "Physician Recruitment in the Post-Alvarado Environment," Dallas Bar Association, Health Law Section, 2004.

Selected Professional and Business Activities

  • The Health Industry Council Foundation, Board Member, 2013 - present.
  • College of the State Bar of Texas
  • American Bar Association, Health Law Section, Vice Chair, Business & Transactions Interest Group, 2012-2013.
  • Dallas Bar Foundation, 2011-present.
  • The Honorable Patrick E. Higginbotham American Inn of Court, Barrister, 2010-2013.
  • Dallas Bar Association, Law in the Schools Committee, Co-Vice Chair 2012, Co-Chair 2013; Health Law Section, Secretary, 2007, Treasurer, 2008, Vice Chair, 2009, Chair, 2010; Business Law Section, 1999-present.
  • American Health Lawyers Association, Member, 2003-present.
  • JL Turner Legal Association Corporate Counsel Section, Co-Chair, 2007; DBWA Section, Co-Chair, 2005, 2006.
  • AIDS Arms, Inc. Community Advisory Committee, Member, 2007-2012; Board Member, 2007-present.

Honors and Other Achievements

  • Featured in D Magazine's Best Lawyers list for Healthcare Law, 2014
  • Selected for inclusion in Texas Rising Stars in Healthcare Law in 2009 and 2013, and Texas Super Lawyers in 2014.
  • Texas Board of Chiropractic Examiners, Public Member, 2005-current; appointed by Governor to a six-year term in 2005; Reappointed in 2011.
  • George Washington University Associate's Certificate in Contract Management, 2009.

Selected Representative Experience


Data Breach and Compliance Advice for Healthcare Company
Regularly advise healthcare company regarding HIPAA compliance, including data breaches and disclosure obligations involving contractors and employees viewing protected health information without authorization.

Security Incident Investigation and Reporting
Represented wellness company in investigation of alleged hacking incident involving information system containing protected health information; analyzed notification obligations as a HIPAA business associate and under state law in 50 states; assisted with disclosures and communications to affected governmental agencies, customers and individuals.

Template Drafting and Contract Negotiation
Worked with a leading provider of online health management software for hospitals and health care organizations. Identified and managed the risks of handling large amounts of personal health information. Drafted template documents for use with customers and third party vendors. Negotiated non-template agreements to ensure the proper privacy and data protections were in place. Assisted provider with ongoing compliance with changes to HIPAA and other privacy regulations governing the transfer of personal health information.

Online Publications

10/24/2014 - Key Developments in Privacy and Data Security
Cyber threats are inarguably on the rise, and regulators and law enforcement are stepping up their efforts to ensure that companies are managing personal data responsibly, creating a perfect storm of risk. More and more, our clients are asking, “What can we do to protect ourselves?” The answer? Be aware of the risks, understand the legal implications, and prepare for the inevitable.

10/21/2014 - CMS Extends MSSP ACO Waivers
With the recent announcement to extend the waivers of certain fraud and abuse laws for accountable care organizations (ACOs) participating in the Medicare Shared Savings Program (MSSP), ACOs can continue using the waivers in their current form - at least for now.

05/20/2014 - LabMD Appeals District Court Dismissal, Eleventh Circuit Denies Emergency Relief
LabMD, Inc. renewed its argument that the FTC lacks authority to regulate the data security practices of HIPAA covered entities by appealing the dismissal of its case for lack of jurisdiction to the Eleventh Circuit.

05/16/2014 - FTC Retains Authority to Regulate Data Security at HIPAA Covered Entities - For Now
The healthcare industry will have to wait for a court to answer the question of whether the United States Federal Trade Commission (the “FTC”) has authority to regulate data security practices of entities covered by the Health Insurance Portability and Accountability Act (“HIPAA”).

02/19/2014 - Healthcare Delivery in a Post-Affordable Care Act World
Haynes and Boone, LLP presented a complimentary session entitled Healthcare Delivery in a Post-Affordable Care Act World: Implementation, Current Trends, and Beyond on Wednesday, February 19, 2014.

01/21/2014 - False Claims Act Year in Review 2013
This 2013 Haynes and Boone False Claims Act Year in Review highlights key FCA developments, including significant actions taken by the United States, notable FCA settlements, and important judicial decisions analyzing and applying the statute. Our Review also identifies several issues that are now pending at the U.S. Supreme Court.

12/20/2013 - Law360 Guest Article: Physician-Owned Entities Still Under Federal Microscope
Physician-owned distributorships ("PODs") and other physician-owned entities ("POEs") have emerged as a favored vehicle to reduce health care costs, but the popularity of PODs and POEs has led to increased scrutiny by federal regulators.

12/09/2013 - Physician-Owned Entities Will Continue to Garner Government Attention
Physician-owned distributorships (PODs) and other physician-owned entities (POEs) have emerged as a favored vehicle to reduce costs, but the popularity of PODs and POEs has led to increased scrutiny by federal regulators.

06/20/2013 - Implications for Personalized Medicine after Myriad
On June 13, 2013, in the highly anticipated decision for Ass’n for Molecular Pathology v. Myriad Genetics, Inc., the Supreme Court shed some light on the future of genetic patenting to companies and scientists working in the personalized medicine and genetics industry.

04/19/2013 - OIG Releases Updated Self-Disclosure Protocol
On April 17, 2013, the Health and Human Services Office of Inspector General (OIG) released an Updated Provider Self-Disclosure Protocol (SDP), which replaces the original SDP published in 1998.

01/25/2013 - HHS Provides Amendments to HIPAA Privacy and Security Regulations to Conform Regulations to HITECH, GINA and Add Some Additional Changes
The long awaited Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Regulation amendments (the “Changes”) to incorporate the changes made by Health Information Technology for Economic and Clinical Health (HITECH) in 2009 as part of the American Recovery and Reinvestment Act and by the Genetic Information Nondiscrimination Act (“GINA”) were recently released.

04/03/2012 - Fate of Health Reform is Uncertain after Supreme Court Oral Arguments
After three days of historic oral arguments before the U.S. Supreme Court, the fate of the Affordable Care Act (ACA), the momentous 2010 health reform law, is uncertain, given robust questioning of the ability of Congress to force individuals to purchase health insurance.

02/14/2012 - HIPAA Privacy and Security Audits Begin: Enforcement Measures May Follow
The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services has begun the pilot phase of HIPAA privacy and security audits of health care providers, health insurers and health care clearinghouses (“covered entities”) to assess HIPAA compliance efforts. Up to 150 covered entities will be subject to the initial audits, to be conducted by KPMG, LLP, the OCR audit contractor.

11/29/2011 - State Medicaid RAC Audits to Begin in 2012
Medicaid providers will be subject to new audits by Medicaid Recovery Audit Contractors (RACs), beginning in January 2012. These new audits will be in addition to existing audits being conducted by Medicare RACs, Medicaid Integrity Contractors (MICs) and Zone Program Integrity Contractors (ZPICs), among others.

10/31/2011 - Despite Minor Modifications in Final Rules, ACOs Still Face Large Start-Up Costs and Uncertain Savings
Under final rules issued by the Centers for Medicare and Medicaid Services (CMS), Accountable Care Organizations (ACOs) will continue to face large start-up costs and uncertain savings, despite a decreased regulatory scheme and increased financial incentives.