Jennifer S. Kreick

Practices

Industries

Education and Clerkships

J.D., Southern Methodist University Dedman School of Law, valedictorian; summa cum laude; Order of the Coif; SMU Law Review Association, Journal of Air Law & Commerce, Associate Managing Editor

B.A., Duke University, magna cum laude, Phi Beta Kappa

  • Legal Intern, U.S. Attorney’s Office, Eastern District of Texas, July 2011-August 2011
  • Legal Extern, The Honorable Barbara M.G. Lynn, U.S. District Court for the Northern District of Texas, January 2012-April 2012

Admissions

Texas

Profile

Jennifer S. Kreick advises and counsels health industry clients, such as health systems, providers, suppliers, investors, pharmaceutical manufacturers and biotech companies, and managed care organizations, on how best to meet their business goals and manage and address the increasingly complex regulatory and compliance environment in the healthcare industry.

Jennifer has delivered practical legal and business advice to healthcare clients in a variety of matters, such as structuring transactions and contractual relationships in compliance with fraud and abuse laws and corporate practice of medicine laws; reviewing and negotiating product supply agreements; conducting compliance reviews and assessments; providing operational counsel to hospital systems, accountable care organizations, and healthcare companies; drafting and reviewing HIPAA privacy and security policies and procedures, security risk assessments, and training for covered entities and business associates; representing covered entities and organizations before state and federal agencies and licensing boards; representing healthcare providers in connection with False Claims Act investigations; and the formation, certification, and operation of a non-profit health organization (formerly known as a 5.01(a)'s).

Prior to joining Haynes and Boone, Jennifer managed the implementation of electronic medical record software for hospitals and outpatient clinics, including a large health system with more than 20 specialties. She worked closely with providers and staff to ensure the software supported their workflows and documentation needs.

Jennifer is a member of the Dallas Bar Association Health Law Section and the American Health Lawyers Association.

Newsletter

Health Law Vitals

Health Law Vitals - A Healthcare Newsletter from Haynes and Boone

The Haynes and Boone Health Law Vitals Newsletter explores significant developments and legislation in healthcare law. This edition discusses healthcare hazards involving medical records during bankruptcy, a ninth circuit decision that impacts settling FCA defendants, an update on telehealth in Texas, and guidance on how to avoid FCA liability for firms investing in healthcare companies.

Selected Client Representations

  • Represented MD Medical Group in its acquisition of 13 pediatric clinics from, and its sale of a minority stake to, an affiliate of Children’s Health.
  • Represented non-profit health system in the acquisition of certain hospitals, an NPHO, and ASCs, including conducting health care regulatory due diligence review and advising on compliance risks associated with physician arrangements, vendor and services agreements, licensure and accreditation, and patient confidentiality practices.
  • Reviewed and negotiated product supply agreements for medical device manufacturer.
  • Represented large physician group in structuring, negotiating, and implementation of joint venture with Texas health system.
  • Represented investors and operators in the formation and certification of non-profit health organizations (formerly known as "5.01(a) organizations").
  • Provided operational counsel to an investor entity and accountable care organization having over 350 independent physicians, including compliance with applicable ACO waivers.
  • Review, revise, and draft HIPAA privacy and security policies and procedures and conduct HIPAA training for business associates and covered entities.
  • Represented wellness company, management company, health systems, physician groups, and other healthcare providers in investigations of potential breaches and analyses of disclosure obligations under HIPAA and state privacy laws. 
  • Regularly provide regulatory and compliance advice regarding federal and state laws and regulations for hospital systems, individual providers, physician groups, pharmacies, laboratories, and other healthcare organizations.
  • Conduct internal investigations and compliance reviews and assessments for health care clients.
  • Regularly represent providers before Medicare and Medicaid contractors.

Year in Review

False Claims Act: Year in Review

The False Claims Act Year in Review 2018

The False Claims Act continued to be a significant focus of government and whistleblower activity in 2018. This Year in Review highlights several key developments.

Healthcare

Healthcare

Healthcare Hazards Involving Medical Records During Bankruptcy

Companies in the healthcare industry face many unique challenges when undergoing a bankruptcy, including challenges arising due to the federal and state law framework governing the use and disclosure of medical information. Read about the recent U.S. Department of Health and Human Services announcement that it had reached a settlement with the receiver appointed to liquidate the assets of Filefax, Inc., a medical record storage and transportation company, resolving claims against Filefax for potential violations of the Health Insurance Portability and Accountability Act. 

Selected Publications and Speeches

  • “The Burden of Medical Records During Bankruptcy,” co-author, Law360, May 2018.
  • “The Stark Law and Certain Trending Arrangements: What to Know When Analyzing Lithotripsy, Neuromonitoring, and Pathology Arrangements,” presenter, Dallas Bar, November 15, 2017, and Austin Bar, November 28, 2017.
  • “The Impact of HIPAA (and Other Federal Laws) on Wearable Technology,” co-author, SMU Science and Technology Law Review, Winter 2015.
  • “OSHA Eyes Health Care Industry With Injury Reporting Rule,” co-author, Law360, July 2016.
  • “Physician-Owned Entities Still Under Federal Microscope,” co-author, Law360, December 2013.

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