Professionals
Kathie McDonald-McClure
Partner
P 502-562-7526 F 502-589-0309
500 West Jefferson Street
Suite 2800
Louisville, KY 40202
Kathie McDonald-McClure is a member of the Firm's Health Care Practice Group. She has been selected as a "Partner in Health Care" by Business First since 2008. Ms. McDonald-McClure draws upon her extensive legal career in the health care industry to advise healthcare providers in the areas of fraud and abuse, anti-kickback, physician self-referral, Medicare reimbursement and secondary payer rules, clinical trial matters, identity theft programs, HIPAA, and HITECH electronic health records stimulus law.
Her clients include medical device manufacturers, hospitals, nursing homes, physicians, behavioral health, home health, physical and occupational therapy providers, long-term care pharmacies, and other health care providers. She assists clients with the development, review and maintenance of effective compliance programs. She also assists healthcare clients with risk and insurance issues.
Location
500 West Jefferson Street
Suite 2800
Louisville, KY 40202
Representative Matters
- Regulatory compliance in medical device field with fraud and abuse related health care laws
- Compliance program development, updates, audits, education and training
- Clinical trial research agreements between industry and health care providers, including FDA, IRBs, False Claims Act, Stark Law (physician-hospital contracts), and research policy development
- Compliance with the Medicare Secondary Payer law and mandatory insurance reporting requirements related to liability claims involving Medicare beneficiaries
- Health IT incentives under the Health Information Technology and Economic Clinical Health Act of 2009 (HITECH Act)
- Medicare reimbursement, including Medicare Program Integrity audits (PSCs and ZPICs), and overpayment issues
- Durable Medical Equipment company regulatory compliance
- False Claims Act, Anti-Kickback Statute and fraud and abuse risk reduction strategies
- Identity Theft Programs and the FTC Red Flags Rule
- Medicare regulations and rules related to diagnostic imaging services
- Hospital-physician relationships and contracting for Stark Law and Anti-Kickback Act compliance
- Nursing home medical director, rehab and other ancillary services contracts
- Government surveys, citations, subpoenas, warrants, and civil investigative demands
- False claim education compliance related to the Deficit Reduction Act of 2005
- Behavioral healthcare issues
- Physical and occupational therapy documentation and reimbursement issues
- Liability insurance policy interpretation
- Insurance and indemnity issues in healthcare transactions
- Representation of health care professionals before licensing boards
- Defense of long-term care negligence cases and medical record review
Professional Experience
- Enjoyed 12-year tenure as in-house counsel with Kindred Healthcare, LLC, a national long-term care company operating nursing homes, hospitals and other healthcare services in over 40 states. Was responsible for day-to-day legal advice in the areas of healthcare, employment, liability and risk management culminating in a position as Vice President and Counsel of Liability Claims with responsibility for administration of general and professional liability claims and management of a staff of lawyers and legal professionals.
- Prior to in-house counsel position with Kindred, was with Greenebaum Doll & McDonald for six years, representing local, regional and national corporations before state and federal courts in commercial, insurance, employment and copyright and trademark protection cases.
- Before joining Wyatt, served as an independent healthcare liability consultant and claims mediator.
Honors
- Woodward/White’s The Best Lawyers in America® 2009, 2010, 2011 and 2012
- Selected as a "Partner in Healthcare" by Business First, 2008-2011
Education
1985 - J.D., University of Louisville; Executive Editor of the Journal of Family Law, 1984-1985
1982 - B.S.B.A. (Business Administration and Marketing), with highest honors, University of Louisville
Presentations
Ms. McDonald-McClure has given over 45 presentations on a variety of healthcare legal issues, including the Anti-Kickback Statute, False Claims Act, Health Care Reform Law's impact on compliance programs, HITECH Act of 2009 (both the Meaningful Use Rule and changes to HIPAA), Medicare Secondary Payer law and the new MMSEA Section 111 mandatory reporting requirements, 2005 Deficit Reduction Act, behavioral health and more.
She also presents in-house seminars for legal, operations, sales, risk and insurance personnel of clients, either in person or through the use of the firm's webinar technology.
Professional Activities and Memberships
- Louisville, Kentucky and American Bar Associations' Healthcare, Litigation, Tort & Insurance Sections
- Louisville Bar Association, 2005 Chair of Health Law Section, 1991 Chair Litigation Section Mock Trial Seminar, Past Member of Board of Directors, Past Member of Publications Committee
- American Health Lawyers Association (AHLA), Member of AHLA Risk Management Affinity Group of the Hospitals & Health System Practice Group, Hospital and Long-Term Care Groups
- Health Care Compliance Association (HCCA), Certification in Healthcare Compliance (CHC)
- Healthcare Financial Management Association
- Kentucky and American Societies of Healthcare Risk Management
- Association for Conflict Resolution
- Chair of the Washington, D.C. based American Health Care Association's Medical Liability Subcommittee from December 2001 through July 2003
Admissions
- Kentucky
Civic Involvement
- Member, Greater Louisville, Inc.'s Health Enterprises Network (HEN) Board and Executive Committee, 2006 to present
- Vice-Chair for Government Affairs, HEN, 2007 to present
- Honorary Chair, ElderServe's 2012 Champion for the Aging Awards Luncheon
- Completed Fellows Program of the Health Enterprise Network, 2006
- Member, Board of Directors, Louisville Skating Academy, 2007 to 2008
- Co-Chair, Local Organizing Committee for US Figure Skating's 2007-08 Eastern Great Lakes Regional Championships
- Member, Board of Directors, Court Appointed Special Advocates (CASA), 1994-95
Publications
Ms McDonald-McClure has written over 50 articles for the HITECH Law Blog, a blog that she created in 2009 to track legal developments in health information, privacy and security as a result of the Health Information Technology for Economic and Clinical Health Act of 2009.
Other publications include:
- Valeo Communications: OCR Steps Up HIPAA Audits (July 2011)
- HCCA Compliance Today, “Medicare’s New Mandatory Reporting Requirements for Liability Insurers, Including Self-Insured Entities” (July 2009)
- LBA Bar Briefs, “Mandatory Reporting of Liability Settlements: Law to Shine Spotlight on Attorney’s and Their Clients’ Pocketbooks” (June 2009)
- “Enforcement Activities By Investigating Authorities and Responding to Investigations,” Chp. 5, Kentucky Health Law (2009 5th Ed.)(co-author with R. Benvenuti, III)
- HCCA Compliance Today, “Outpatient Therapy Clinics and Their Referring Physicians: Fraud and Abuse Risks” (April 2008)
- HFMA Kentucky Chapter Financial Scene, “Deficit Reduction Act Update” (January 2007)
- HFMA Kentucky Chapter Financial Scene, “The DRA’s New False Claims Requirements” (June – July, 2006)
- HFMA Kentucky Chapter Financial Scene, “US Supreme Court Limits Medicaid Recoveries in Personal Injuries Settlements” (June – July, 2006)
- HCCA Compliance Today, “Compliance 101, Clinical Trials Primer” (June 2006)
Blog
Ms. McDonald-McClure is the editor of the HITECH Law Blog, which focuses primarily on developments related to health information technology, privacy and security. The blog is named after the HITECH Act that was passed as part of the American Recovery and Reinvestment Act of 2009 (ARRA). Ms. McDonald-McClure has written over 50 articles for the blog.
Representative Matters
- Regulatory compliance in medical device field with fraud and abuse related health care laws
- Compliance program development, updates, audits, education and training
- Clinical trial research agreements between industry and health care providers, including FDA, IRBs, False Claims Act, Stark Law (physician-hospital contracts), and research policy development
- Compliance with the Medicare Secondary Payer law and mandatory insurance reporting requirements related to liability claims involving Medicare beneficiaries
- Health IT incentives under the Health Information Technology and Economic Clinical Health Act of 2009 (HITECH Act)
- Medicare reimbursement, including Medicare Program Integrity audits (PSCs and ZPICs), and overpayment issues
- Durable Medical Equipment company regulatory compliance
- False Claims Act, Anti-Kickback Statute and fraud and abuse risk reduction strategies
- Identity Theft Programs and the FTC Red Flags Rule
- Medicare regulations and rules related to diagnostic imaging services
- Hospital-physician relationships and contracting for Stark Law and Anti-Kickback Act compliance
- Nursing home medical director, rehab and other ancillary services contracts
- Government surveys, citations, subpoenas, warrants, and civil investigative demands
- False claim education compliance related to the Deficit Reduction Act of 2005
- Behavioral healthcare issues
- Physical and occupational therapy documentation and reimbursement issues
- Liability insurance policy interpretation
- Insurance and indemnity issues in healthcare transactions
- Representation of health care professionals before licensing boards
- Defense of long-term care negligence cases and medical record review
Professional Experience
- Enjoyed 12-year tenure as in-house counsel with Kindred Healthcare, LLC, a national long-term care company operating nursing homes, hospitals and other healthcare services in over 40 states. Was responsible for day-to-day legal advice in the areas of healthcare, employment, liability and risk management culminating in a position as Vice President and Counsel of Liability Claims with responsibility for administration of general and professional liability claims and management of a staff of lawyers and legal professionals.
- Prior to in-house counsel position with Kindred, was with Greenebaum Doll & McDonald for six years, representing local, regional and national corporations before state and federal courts in commercial, insurance, employment and copyright and trademark protection cases.
- Before joining Wyatt, served as an independent healthcare liability consultant and claims mediator.
Honors
- Woodward/White’s The Best Lawyers in America® 2009, 2010, 2011 and 2012
- Selected as a "Partner in Healthcare" by Business First, 2008-2011
Education
1985 - J.D., University of Louisville; Executive Editor of the Journal of Family Law, 1984-1985
1982 - B.S.B.A. (Business Administration and Marketing), with highest honors, University of Louisville
Presentations
Ms. McDonald-McClure has given over 45 presentations on a variety of healthcare legal issues, including the Anti-Kickback Statute, False Claims Act, Health Care Reform Law's impact on compliance programs, HITECH Act of 2009 (both the Meaningful Use Rule and changes to HIPAA), Medicare Secondary Payer law and the new MMSEA Section 111 mandatory reporting requirements, 2005 Deficit Reduction Act, behavioral health and more.
She also presents in-house seminars for legal, operations, sales, risk and insurance personnel of clients, either in person or through the use of the firm's webinar technology.
Professional Activities and Memberships
- Louisville, Kentucky and American Bar Associations' Healthcare, Litigation, Tort & Insurance Sections
- Louisville Bar Association, 2005 Chair of Health Law Section, 1991 Chair Litigation Section Mock Trial Seminar, Past Member of Board of Directors, Past Member of Publications Committee
- American Health Lawyers Association (AHLA), Member of AHLA Risk Management Affinity Group of the Hospitals & Health System Practice Group, Hospital and Long-Term Care Groups
- Health Care Compliance Association (HCCA), Certification in Healthcare Compliance (CHC)
- Healthcare Financial Management Association
- Kentucky and American Societies of Healthcare Risk Management
- Association for Conflict Resolution
- Chair of the Washington, D.C. based American Health Care Association's Medical Liability Subcommittee from December 2001 through July 2003
Admissions
- Kentucky
Civic Involvement
- Member, Greater Louisville, Inc.'s Health Enterprises Network (HEN) Board and Executive Committee, 2006 to present
- Vice-Chair for Government Affairs, HEN, 2007 to present
- Honorary Chair, ElderServe's 2012 Champion for the Aging Awards Luncheon
- Completed Fellows Program of the Health Enterprise Network, 2006
- Member, Board of Directors, Louisville Skating Academy, 2007 to 2008
- Co-Chair, Local Organizing Committee for US Figure Skating's 2007-08 Eastern Great Lakes Regional Championships
- Member, Board of Directors, Court Appointed Special Advocates (CASA), 1994-95
Publications
Ms McDonald-McClure has written over 50 articles for the HITECH Law Blog, a blog that she created in 2009 to track legal developments in health information, privacy and security as a result of the Health Information Technology for Economic and Clinical Health Act of 2009.
Other publications include:
- Valeo Communications: OCR Steps Up HIPAA Audits (July 2011)
- HCCA Compliance Today, “Medicare’s New Mandatory Reporting Requirements for Liability Insurers, Including Self-Insured Entities” (July 2009)
- LBA Bar Briefs, “Mandatory Reporting of Liability Settlements: Law to Shine Spotlight on Attorney’s and Their Clients’ Pocketbooks” (June 2009)
- “Enforcement Activities By Investigating Authorities and Responding to Investigations,” Chp. 5, Kentucky Health Law (2009 5th Ed.)(co-author with R. Benvenuti, III)
- HCCA Compliance Today, “Outpatient Therapy Clinics and Their Referring Physicians: Fraud and Abuse Risks” (April 2008)
- HFMA Kentucky Chapter Financial Scene, “Deficit Reduction Act Update” (January 2007)
- HFMA Kentucky Chapter Financial Scene, “The DRA’s New False Claims Requirements” (June – July, 2006)
- HFMA Kentucky Chapter Financial Scene, “US Supreme Court Limits Medicaid Recoveries in Personal Injuries Settlements” (June – July, 2006)
- HCCA Compliance Today, “Compliance 101, Clinical Trials Primer” (June 2006)
Blog
Ms. McDonald-McClure is the editor of the HITECH Law Blog, which focuses primarily on developments related to health information technology, privacy and security. The blog is named after the HITECH Act that was passed as part of the American Recovery and Reinvestment Act of 2009 (ARRA). Ms. McDonald-McClure has written over 50 articles for the blog.
