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Areas of Practice
Health Care, Administrative Law
Education
J.D.,
Cum Laude, Campbell University School of Law, 1984
B.A.,
University of North Carolina, 1979
Profile
Ken serves as head of Poyner & Spruill's
Health Law Section. He is a long term care attorney advising clients on a wide variety of legal planning issues
arising in the skilled nursing facility setting, assisted living setting,
and other spheres of long term care. He is a frequent national lecturer and
author of industry manuals, national trade journal magazine articles and
similar training tools. He serves Poyner & Spruill clients by focusing on
legal issues impacting the long term care and health services sector.
Representative Experience
Advised skilled nursing
facilities, assisted living communities, and related long term care vendors
on licensure, certification, survey, fraud and abuse, operations, risk
management, certificate of need and business issues.
Served as Senior Counsel to
the national long term care trade association in Washington, D.C., where he
was responsible for administering the Association’s legal assistance fund
litigation, and overseeing all regulatory, facility operations, and clinical
staff of the association.
Served as General Counsel to
ALFA, the national assisted living trade association in Washington, D.C.
Served as regulatory and
policy counsel for numerous sales and acquisitions of skilled nursing
facilities and assisted living communities in multiple states.
Represented national assisted
living and skilled nursing facility provider in high profile licensure
revocation action of multiple facilities in Washington State resulting in a
favorable settlement and avoidance of involuntary de-licensure and permanent
exclusion of the provider from the state.
Negotiated a national
exclusion from music licensing fee requirements for assisted living
communities across the U.S.
Served as the long term care
industry representative on the first Negotiated Rulemaking Committee
convened by the U.S. Department of Health and Human Services to create safe
harbors from the criminal provisions of the federal Anti-Kickback Statute.
Negotiated the first global
settlement of multiple facility licensure and certification survey citations
in California with the state Department of Health Services and the
California Attorney General.
Assisted California provider
in defending one of the earliest quality of care fraud actions, including
negotiating with the federal Office of the Inspector General to develop the
provider’s Corporate Compliance Agreement and related settlement documents.
Represented state and
national trade associations, and individual providers, on various issues
impacting long term care providers, including negotiations with and
representation before OSHA, the federal Office of the Inspector General,
the U.S. Department of Health and Human Services’ Center for Medicaid and
Medicare Services, and state licensure and survey agencies.
Developed comprehensive
advance directive policy for North Carolina long term care providers after
enactment of the Patient Self-Determination Act.
Worked with state trade
association, providers and national accrediting organizations to develop
assisted living accreditation standards.
Professional Activities
North Carolina Society of
Health Care Attorneys, President Elect and current Board Member, 2008
American Health Care
Association Legal Committee, Member, 2008
N.C. Medical Society Ethical
and Judicial Affairs Committee,
Consultant Member, 2008 – 2010
North Carolina Bar
Association, Health Law Section
American Health Lawyers
Association
North Carolina Autism
Society, Past Member of the Board of Directors, Past Treasurer
Publications
Former Editor, “Prognosis,” Joint
Health Law Publication of North Carolina Bar Association and North Carolina
Society of Health Care Attorneys
Primary author, Designing
Corporate Compliance Program: A Comprehensive Process, for the American
Health Care Association, 2000, and the current revision of that manual
completed in 2002
Author, Negotiated Risk
Agreements in Assisted Living Communities, 2002 for The Assisted Living
Federation of America, first comprehensive treatment of negotiated risk
agreements in long term care, scheduled for revision 2004
Regular contributor to
Provider Magazine, the national monthly long term care publication of
the American Health Care Association
Past monthly columnist
for the monthly magazine of the Assisted Living Federation of America
Editor, Poyner & Spruill's
monthly long term care newsletter, Shorts on Long Term Care
Prior Legal Experience
Partner, Hooper, Lundy &
Bookman, Inc., 1999-2002
Special Counsel, Foley &
Lardner, 1997-1999
Senior Director of Legal
Services and Facility Operations, American Health Care Association, 1993-1997
General Counsel, North
Carolina Health Care Facilities Association, 1991-1993
Jurisdictions Licensed
North Carolina
California
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