Catherine A. Diviney is a partner in the Healthcare Practice and formerly served on the Firm’s Executive Committee. Ms. Diviney has concentrated her legal practice in the area of health law since 1993. She 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. Ms. Diviney serves in the roles of general legal advisor, compliance advisor and hospital/physician transactions counsel for her clients. Her 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
- Nursing home enforcement actions and IDRs
Hospital/Physician Transactions Counsel:
- Hospital affiliations and corporate restructuring
- 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
Ms. Diviney also provides in-house client and board trainings. Those speaking topics have included:
- The Intersection of Compliance and Quality
- EMTALA: The Basics
- The Do’s and Don’ts of Electronic Communication
Representative Matters
- Currently serving as general counsel for a large hospital in Northern New York.
- Represented a hospital in a corporate restructuring/affiliation with another hospital.
- Represented a nursing home in enforcement and informal dispute resolution proceedings.
- 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.
