Catherine A. Diviney is a partner in the Health Care Practice. She has concentrated her legal practice in the area of health law since 1993. Ms. Diviney regularly advises health care providers, including hospitals, nursing homes, physicians, Office of People with Developmental Disabilities (OPWDD)- and Office of Mental Health (OMH)- licensed providers, nurses and other licensed professionals on diverse legal issues. She serves in the roles of general legal advisor, compliance advisor and hospital/physician transactions counsel for her clients. Ms. Diviney’s legal experience in these areas includes:
Compliance Advisor:
- Anti-Kickback, Stark, False Claims Act and Civil Monetary Penalties
- OIG/OMIG/MFCU audits, investigations and self-disclosures
- Compliance program development/implementation
- CMS/Medicare/Medicaid/third-party payer billing issues
- EMTALA
- Tax-exempt entity administration and financing
Hospital/Physician Transactions Counsel:
- Captive PC/PLLC development
- Physician practice acquisitions and sales
- Exclusive provider and services agreements
- Physician recruitment arrangements
- Medical staff issues/peer reviews/corrective actions
General Legal Advice:
- Confidentiality/HIPAA
- Board of director liability/governance issues
- Patient care issues
- Corporate structuring
- Not-for-profit legal concerns
- Currently serving as general counsel for a large hospital in Northern New York.
- Represented a hospital through a nursing home receiver appointment process on an expedited timeframe.
- Represented a hospital in an asset purchase acquisition of a large physician practice group.
- Represented various hospitals in EMTALA enforcement actions.
- Represented various providers in OIG and OMIG self-disclosures.
- Represented various providers in Medical Fraud Control Unit investigations resulting in Settlement Agreements.
- Represented various nursing homes and hospitals in OMIG audits.
- Represented a physician practice in an insurance billing compliance matter.
- Member, American Health Lawyers Association
- Member, New York State Bar Association, Health Law Section
- Member, Central New York Women's Bar Association
- Member, Onondaga County Bar Association, Medical/Legal Committee
- Member, Hospice of the Finger Lakes, Board of Directors, Executive Committee
- Surrogate Decision Making Committee Volunteer Panelist (2008 – Present)
- Past Member, Rosewood Heights Healthcare Center Foundation, Board of Directors
- Past Member, Frank H. Hiscock Legal Aid Society, Board of Directors
- Provides in-house client and board trainings; topics have included:
- The Intersection of Compliance and Quality
- EMTALA: The Basics
- The Do’s and Don’ts of Electronic Communication
- Hancock Estabrook Health Law Symposium, “Compliance Implications Under Health Care Reform” (November 2010)
- Department of Ophthalmology, Resident Education, “Business Basics for New Physicians” (2008 – 2010)
- Iroquois Healthcare Quality & Patient Safety Education and Network Forum (October 2009)
- HFMA, “Tax Exempt Financing: Management Agreements” (Fall 2009)
- Hancock Estabrook Health Law Symposium, “Overview of Physician Quality: Traditional Approach to Quality (October 2008)
- Hancock Estabrook Health Law Symposium, “The New Sheriff in Town: Medicaid Changes and Self-Disclosure” (October 2007)
- “The Unintended Consequences of OPMC Actions,” Dateline, Spring 2010, Vol. 9, No. 1
- “Beware of Excluded Individuals,” Central New York M.D. News, May 2008
- “Contract Terms to Know, Part I,” Central New York M.D. News, May 2007
- “Contract Terms to Know, Part II,” Central New York M.D. News, June 2007
- “Legal Considerations in Operating a Medical Practice,” Central New York M.D. News, May 2006
- St. John’s University, School of Law, J.D., magna cum laude, 1988
- Member and Comment Author, Law Review
- Cornell University, B.S., 1984
- New York
- United States District Court (EDNY)
- United States District Court (NDNY)
- United States District Court (SDNY)
