biography

Kelly Thompson represents a range of health care entities including hospitals and health systems, physician groups, dentists, DME providers, assisted living facilities, home health agencies, pharmacies, imaging companies, and telehealth providers.

Kelly provides counsel regarding day to day compliance with regulatory health laws, transaction structuring, health regulatory-related due diligence reviews, the development of health care compliance programs, including development of policies and procedures and workforce training, billing and coding compliance, HIPAA and state law privacy and security compliance, scope of practice and supervision requirements, and advising on and completing required license and enrollment filings in the event of a change of ownership.

Kelly is also knowledgeable on HIPAA and state privacy law requirements, and frequently negotiates BAAs, drafts required privacy materials, and advises clients in the event of a privacy breach. Kelly assists with breach response investigations, and in the event of a cyber or ransomware attack on a covered entity or business associate, works with her clients’ internal IT and digital forensics to provide lega...

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  • Professional and Civic Activities
    • The American Health Lawyers Association
    • Jacksonville Women Lawyers Association
    • Jacksonville Bar Association
    • World Affairs Council
    • Committee Member of Local Non-Profit
  • Representative Transactions
    • Advise a range of health care clients on HIPAA and state law breaches, including the preparation and completion of all required notices, government reports, and corrective action plans.
    • Prepare Compliance and HIPAA Policies & Procedures and conduct relevant training.
    • Complete multiple licensure and enrollment change of ownership filings for Health Care Clinics, Durable Medical Equipment Providers, Home Health Agencies, and Nurse Registry Companies in Florida, including assistance with Florida Medicaid enrollments.
    • Act as lead counsel for licensure and enrollment change of ownership filings for a Durable Medical Equipment company in over 35 states.
    • Complete licensure and enrollment change of ownership filings for a Home Health Agency and Nurse Registry/Staffing company in all 50 states.
    • Advise a range of facilities on day-to-day operation, licensure, and enrollment matters.
    • Represent an urgent care company in its sale to a hospital system.
    • Represent a telepsychiatry company in a merger with another large telepsychiatry company.
    • Conduct health regulatory due diligence reviews for a wide arrange of health care facilities, acting as buyer and seller counsel in different deals.
    • Represent individual physicians in contract negotiations with employers.
    • Draft and negotiate Business Associate Agreements for both covered entities and business associates.
    • Draft Personal Services Agreements, Policies and Procedures for Providers, and Employment Agreements.
  • Presentations & Teaching Experience
    • Presented “Privacy and Security Updates” at Let’s Talk Compliance event with Foley & PYA in Orlando, FL, January 2020.
    • Presented “Business Associate Liability” at a Quick Hit for the Association of Corporate Counsel, February 2019.
    • Presented “Privacy and Security Updates” at Let’s Talk Compliance event with Foley & PYA in Jacksonville, FL, January 2019.
    • Presented “Privacy and Security Updates” at Compliance Round Table event with Foley & Deloitte in Tampa, Fl, February 2018.
  • Publications
    • Editorial Advisory Board for AHLA’s Federal Healthcare Laws & Regulations, Volumes I-IV, 2019-2020 Edition.
    • “HIPAA: Second Settlement this Year Related to Right to Access Initiative,” Foley & Lardner Client Alert (December 18, 2019).
    • “HIPAA: Failure to Report Breach Costs Hospital $2.175 Million,” Foley & Lardner Client Alert (December 5, 2019).
    • “OCR Clarifies Direct Liability for Business Associates Under HIPAA,” Foley & Lardner Client Alert (May 30, 2019).
    • “Increased Interoperability of Health Information: Two New Proposed Rules,” Foley & Lardner Client Article (February 15, 2019).
    • “Happy New Year! Potential Changes to HIPAA Requirements on the Horizon,” Foley & Lardner Client Article (December 19, 2018).
    • “Florida’s New Law Changes Physician Responsibilities for Opioid Dispensing,” Foley & Lardner Client Article (June 12, 2018).
    • “Sharing and Mining Patient Data In Digital Health and Telemedicine: Laws You Need to Know,” Foley & Lardner Client Alert (April 2, 2018).

Naples

Credentials

Admissions

Florida

Education

Florida State University College of Law, JD, 2013
Florida State University, Marketing, 2010

Prior Law Firm Experience

Foley & Lardner, LLP and
Shumaker, Loop & Kendrick, LLP

Practice Areas