Overview
Health care clients turn to attorney Emma Pelkey for their regulatory compliance and litigation needs.
Emma regularly counsels health care clients on issues related to provider operations, patient care, risk management, capacity and consent for treatment, barriers to discharge, privacy issues, and compliance with anti-discrimination laws and regulations. She is known for using creative problem-solving skills and her ability to think outside the box to help clients navigate complex legal problems and respond to crisis situations in a way that promotes good patient care. She is frequently called upon to advise on state and federal regulatory compliance issues, review and develop policies and procedures, provide training and education, and support clients’ legislative interests.
Over the past decade, Emma has become a go-to advisor for complex legal and regulatory issues that arise in the behavioral health space. In that role, she has developed a proven track record of success in helping community hospitals and providers advocate on behalf of their patients to receive meaningful treatment in appropriate long-term settings and improve access to behavioral health services for individuals in the community.
Emma also has a robust litigation practice. She represents clients in all phases of litigation in state and federal courts, at both the trial and appellate levels. She also handles administrative hearings, regulatory and licensing board proceedings, and investigations. Emma’s litigation practice includes a wide variety of matters, including class actions and cases involving health care, employment, products liability, professional liability, business, and data security disputes. In the employment space, her experience includes advising and defending employers on a broad range of employment law issues, including discrimination and harassment, disability accommodations, and terminations.
Emma is a frequent speaker and author on behavioral health issues, EMTALA, and workplace violence. She serves as the risk management subcommittee chair of the Behavioral Health Practice Group for the American Health Law Association.
Before joining Epstein Becker Green, Emma was a partner of a national law firm and a member of its Healthcare, Behavioral Health, Labor & Employment, and Healthcare Regulatory & Compliance Practices.
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Focus Areas
Services
Industries
Experience
Recognition
- The Best Lawyers of America, "Ones to Watch," Health Care Law, Litigation - Labor and Employment (2021 to 2025)
- The Legal 500 United States, Healthcare: Health Insurers (2024)
Credentials
Education
- University of Oregon School of Law (J.D., 2014)
- Managing Editor, Oregon Law Review
- Lewis and Clark College (B.A., 2009)
Bar Admissions
- Oregon
- Washington State
Court Admissions
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court, District of Oregon
- U.S. District Court, Western District of Washington
Professional & Community Involvement
- American Health Law Association, Behavioral Health Practice Group, Chair of Risk Management Subcommittee
- Oregon Law Students Public Interest Fund, Community Board Member
Media
Events
Past Events
- June 10-12, 2024
- Spring 2024
- Client Seminar: No Exit – Legal Solutions for Difficult to Discharge Patients
- Washington State Hospital Association Annual Meeting: Escalation: Workplace Violence in Healthcare Settings
- Oregon State Bar Health Law Section CLE: Workplace Violence in Behavioral Health and Acute Care Settings
- Navigating Behavioral Health Issues: The ITA, EMTALA, and Difficult-to-Discharge Patients
- American Health Law Association, Long Term Care and the Law Conference: The IMD Exclusion and Federal Funding for Mental Health Treatment
- Searches and Contraband in Behavioral and Acute Care Hospitals
Insights
Insights
- Firm Announcements
Epstein Becker Green Attorneys Honored for Excellence in the Legal Profession by Best Lawyers 2025
14 minute read - PublicationsTechnology as a Tool to Address the Youth Mental Health Crisis2 minute read
- Firm Announcements
Epstein Becker Green Receives National Recognition and Top Rankings in the 2024 Edition of Legal 500
3 minute read - BlogsSAMHSA Final Rule Regarding OTPs Expands Access, Increases Flexibility for Patients5 minute read
- Media CoverageEmma Pelkey Featured in “People on the Move”1 minute read
- Firm Announcements
Epstein Becker Green Attorneys Recognized by 2024 Best Lawyers for Excellence in the Legal Profession
12 minute read - Media Coverage
Epstein Becker Green Attorney Additions in Portland, Oregon, Featured in Law360 Pulse
2 minute read - Firm AnnouncementsEpstein Becker Green Expands into Pacific Northwest with Six-Attorney Health Care Team in Portland
- Media Coverage
Epstein Becker Green’s Portland, Oregon, Office Opening Featured in Portland Business Journal
2 minute read - Publications
Federal Funding for Mental Health Treatment and the IMD Exclusion: Where Do We Stand? American Health Law Association ...
- PublicationsUnique Challenges for Behavioral Health Providers in Protecting Health Care Workers While Balancing the Needs of Patients ...July 2020
- Publications
Back to School Supplies: IEP Meetings Covered Under FMLA, The Grindstone
- PublicationsMember Briefing: Patient Safety—Identifying and Addressing Legal Issues Involved When Treating Pediatric Patients ...
- PublicationsInternet Background Checks: Is It Worth the Risk? Legal Management NewsSpring 2015
- PublicationsThe “Not Me Too” Evidence Doctrine in Employment Law: Courts’ Disparate Treatment of Employment Discrimination ...2013