Kenneth L. Burgess 
Partner
Education

Campbell University, JD, 1984, cum laude

Affiliate Faculty Member, ECU School of Medicine's Masters in Public Health Program/Long Term Care Administration

University of North Carolina, BA, 1979

Professional and Community Activities

North Carolina Society of Health Care Attorneys, Board Member, 2006 – 2011; Immediate Past President, 2010; Chair, Innovations Committee, 2010; Co-Chair, Law School Grants Committee, 2010-2012 American Health Care Association Legal Committee, Member, 2008 – 2013
N.C. Medical Society Ethical and Judicial Affairs Committee, Legal Consultant and Member, 2008 – 2013
North Carolina Bar Association, Health Law
Council, 2010-2011
American Health Lawyers Association
North Carolina Autism Society, Past Member of the Board of Directors, Past Treasurer

Future Care Foundation, Board Member, 2009 – 2013
Affiliate Faculty Member, ECU School of Medicine's Masters in Public Health Program/Long Term Care Administration
Member, National Legal Committee, American Health Care Association 2010-2013
Co-Author, Nursing Facility-Hospice Contracts Under Medicare Conditions of Participation - One of National Law Review's Most Read Articles for 2009

Jurisdictions Licensed
301 Fayetteville Street, Suite 1900, Raleigh, NC 27601t: 919.783.2917|
P.O. Box 1801, Raleigh, NC 27602-1801f: 919.783.1075 |
Ken is a health care attorney with more than 28 years of experience advising clients on a wide range of regulatory, reimbursement, litigation, compliance and operations issues.  His practice has focused heavily, but not exclusively, on issues affecting long term care providers.  He has advised them on a wide variety of legal planning issues arising in the skilled nursing facility setting, assisted living setting, hospice, home health and other spheres of long term care. He also frequently represents ancillary service providers (pharmacy, DME, therapy and similar providers.)  He represents health care providers of all types on Certificate of Need, Medicare and Medicaid enrollment and licensure issues, including appeals of quality of care issues.  He also represents the N.C. Board of Dental Examiners on dental service organization matters.   He is a frequent national lecturer and author of industry manuals, national trade journal magazine articles and similar training tools and is primary author and editor of Poyner Spruill’s international award winning newsletter, Shorts on Long Term Care.

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.

read all representative experience

Firm Management Responsibilities

Ken serves as head of Poyner Spruill's Health Law Section. 

Prior Legal Experience

Prior to joining Poyner Spruill, Ken was a partner at Hooper, Lundy & Bookman, Inc. from 1999 to 2002.  He served as Special Counsel for Foley & Lardner from 1997 to 1999.  He was the Senior Director of Legal Services and Facility Operations of the American Health Care Association from 1993 to 1997.  Ken also served as the North Carolina Health Care Facilities Associations' General Counsel from 1991 to 1993.
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