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Health Care Law, Workforce Management Lawyer, Litigation Attorney

Hospitals, hospices, and health plans turn to health care attorney Beth Kastner for advice on contractual arrangements as well as regulatory, operational, and compliance matters. She regularly advises clients on vendor/supply chain relationships, clinically integrated networks, and managed care contracting, including narrow networks, shared saving, and bundled payment models.

Beth also routinely advises clients on compliance with health information privacy laws and health care fraud and abuse laws, with a particular emphasis on structuring compliant physician compensation arrangements.

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Industries

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Experience

  • Established an affiliation between a health system and a children’s hospital/academic medical center. The affiliation encompassed a number of initiatives between the parties, including physician staffing for NICUs, joint clinical research activities, better treatment of patients with complex medical needs, and a service offering to community-based employers and self-insured health plans.
  • Structured multiple clinical co-management agreements (CCMs) between a health system and physician groups—most recently, a CCM with an emergency medicine physician group that encompassed medical director services as well quality improvement metrics and compensation.
  • Advised a health system in forming a comprehensive collegiate health affiliation relationship. Beth prepared and negotiated agreements between the health system and a large university addressing the health system’s provision of sports medicine, student health, and employee health services.
  • Structured the relationship between a health system and a large national insurance company to co-brand, jointly offer, and market to the employer community two new health plan products. The joint offering leveraged the health system’s provider network and the insurance company’s value-based care reimbursement model.
  • Established a health system “direct-to-employer/direct access” model to provide a narrow network to self-insured employers.
  • Structured a maternity and orthopedic services bundle arrangement between a health system and a large regional employer. Under the bundle arrangement, the health system provides all health care services required for a specific type of medical service and the employer’s self-insured plan pays the health system a flat fixed rate for all services provided in the bundle. The bundle transaction includes participating provider agreements between the health system and independent physicians needed to supplement the network.
  • Advised a health system on various shared saving and value-based payment models offered to the health system by major commercial payors
  • Advised a Medicare accountable care organization (ACO) on various operational and regulatory matters, including governance and a participation agreement.
  • Responded to an Office for Civil Rights (OCR) investigation resulting from a HIPAA breach impacting more than 800 patients. Beth’s investigation concluded without OCR taking corrective action.
  • Obtained a favorable Office of Inspector General Advisory Opinion for a hospice regarding its payment arrangement with nursing facilities.
  • Reviewed a health system’s physician compensation plans and provided advice on changes in regulations under the Stark Law.
  • Advised a Medicare Advantage plan on fraud and abuse issues related to its relationships with network providers, including proposed compensation to recruit new network providers.

Recognition

  • Chambers USA: The World's Leading Lawyers for Business, Leader in Ohio - Health Care (2015 to 2023)
  • Best Lawyers in America, Corporate Law and Health Care Law (2017 to 2023)
  • Ohio Diversity Council, Ohio Most Powerful and Influential Women Award (2015)
  • Ohio Rising Stars, Health Care (2012, 2013)
  • Nightingale's Healthcare News, Outstanding Young Healthcare Lawyer (2009)

Credentials

Education

  • The Ohio State University Moritz College of Law (J.D., 2001)

    Managing Editor, The Ohio State Law Journal

  • Indiana University Bloomington (B.A., 1998)

    Phi Beta Kappa

Bar Admissions

  • Ohio

Professional & Community Involvement

  • American Health Law Association
  • Elder Choices of Central Ohio, Past Board Member
  • Health Care Compliance Association
  • St. Vincent Family Center, Past Board Member; Board of Trustees Chair (2018)

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