Jennifer S. Kreick

Practices

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 has delivered practical legal and business advice to healthcare clients in a variety of regulatory and business transactional matters, such as structuring and negotiating acquisitions and divestitures, joint ventures, strategic business partnerships, and contractual relationships involving healthcare entities; drafting and negotiating agreements, such as management services agreements, physician employment and professional services agreements, medical director agreements, co-management agreements, clinical research related agreements, and others; development, formation, and operation of IPAs, CINs, and ACOs; formation, certification, and operation of non-profit health organizations (formerly known as a 5.01(a)'s); conducting fraud and abuse and other compliance reviews and assessments; and providing operational counsel and advice in areas as such anti-kickback and Stark Law compliance, fee splitting, beneficiary inducement laws, antitrust laws, corporate practice of medicine, licensure and change of ownership, Medicare and Medicaid rules and regulations, HIPAA/HITECH, and data privacy and security.

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, the American Health Lawyers Association, and the ABA Health Law Section.

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 the fiduciary duties of directors in medical technology, the promises and pitfalls of telehealth, the FDA's expansion of the Abbreviated 510(k) pathway, and more.

Selected Client Representations

  • Represented a pediatric cardiology practice with multiple locations in a sale of substantially all of its assets to a large health system.
  • Represented Catholic non-profit health system in the acquisition of certain hospitals, an NPHO, and ASCs, and provided regulatory and compliance advice on referral source arrangements, licensure and accreditation, and patient confidentiality practices.
  • Represented an investor entity in its acquisition of 13 pediatric clinics from, and its sale of a minority interest to, a health system’s affiliated nonprofit health organization.
  • Represented large emergency physician group in structuring, negotiating, and implementation of joint venture with a Texas non-profit health system.
  • Represented physicians and an accountable care organization in structuring, negotiation, and implementation of a joint venture with a healthcare services provider for the operation and management of outpatient behavioral health clinics.
  • Represented investors and operators in the formation, certification , and operation of non-profit health organizations (formerly known as "5.01(a) organizations").
  • Represented investor entity and accountable care organization having over 350 independent physicians in regulatory and operational matters and strategic initiatives, including compliance with applicable MSSP ACO waivers.
  • Regularly provide regulatory and compliance advice regarding federal and state healthcare laws and regulations to hospital systems, physician groups, pharmacies, laboratories, and other healthcare entities in connection with diverse operational endeavors and complex transactions.
  • Regularly perform comprehensive state and federal healthcare regulatory reviews, analyses, and assessments of various arrangements and transactions for compliance with fraud and abuse and other laws.
  • Represented health systems, physician groups, home health and hospice provider, wellness company, revenue cycle management company, and other healthcare providers in investigations of potential breaches and analyses of disclosure obligations under HIPAA and state privacy laws and assisted with disclosures and communications to media, U.S. Department of Health and Human Services, state regulators, and affected individuals.
  • Regularly draft and review HIPAA privacy and security policies and procedures, security risk assessments, business associate agreements, and training for covered entities and business associates.
  • Regularly advise clients, including healthcare providers and mobile app/telemedicine platforms, on compliance with telemedicine laws, HIPAA/HITECH, data privacy and security matters, and permitted uses and disclosures of health information.
  • Represent a variety of sponsors and institutions in their clinical research endeavors in the US and abroad, including drafting and negotiating agreements for the study and developing form agreements, such as clinical trial agreements, NDAs, informed consent forms, letters of indemnity, product development and supply agreements, and agreements with clinical research organizations, and advising on applicable regulations and compliance matters related to the research study, such as fraud and abuse laws, HIPAA and disclosures of subject information, subject recruitment, financial disclosures, and conflicts of interest.

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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