Ann E. Lundy

Ann E.

Lundy

Health Law, Assistant Practice Group Leader

Overview

As a member of the Health Law Practice, Ms. Lundy represents hospitals and health systems, physicians, and ancillary services providers on regulatory, operational, and transactional matters including Medicare and Medicaid payment, the federal Stark and Anti-kickback laws, EMTALA, HIPAA privacy and security compliance, state law licensure and compliance issues.

Experience

  • Vice President, Legal Affairs, not-for-profit regional health system responsible for legal, compliance, risk management, and quality.
  • Assisted health system in the establishment of eleven provider-based clinics, four of which were certified by Medicare as rural health clinics.
  • Represented hospital throughout the self-referral disclosure protocol to resolve various potential violations of the federal Stark Law with CMS.
  • Assisted large academic medical center throughout a 340B HRSA audit, including resolution of manufacturer repayment obligations.
  • Represented hospitals in response to CMS Immediate Jeopardy findings arising out of various issues, including violation of EMTALA and Medicare Conditions of Participation.  
  • Assists hospitals in the resolution of violations of HIPAA, including development of corrective action plan and patient notification.
  • Represented hospital in ACO contract negotiations.
  • Representation of a physician group arising out of alleged violations of the Controlled Substances Act as a result of prescription writing practices.
  • Legal Counsel to the Board of Directors, not-for-profit health system.
  • Represented healthcare providers in various Medicare and Medicaid audits and appeals arising from RAC, ZPIC, CERT and Meaningful Use audits as well as cost report determinations.
  • Implementation and gap analysis of healthcare providers compliance programs based on OIG guidelines and core elements.
  • Representation of physician group practices and health systems in various joint ventures, including clinical co-management arrangements, asset purchase agreements, personal services agreements, ACOs, and affiliation agreements.
  • Representation of healthcare providers in various professional licensure issues.
  • Assisted large research institute in identification and voluntary self-disclosure of significant overpayment issue.
  • Assists hospitals and physician groups through the peer review process, including reporting obligations to the National Practitioners Data Bank.
  • Medical Staff Bylaws, drafting and implementation.
  • Various lab outreach projects. 
  • Representation of academic medical center in implementation of the Epic Community Connect program, including EHR subsidy program.

Distinctions

  • Best Lawyers in America®
    • Health Care Law, 2024
    • Litigation - Health Care, 2024
  • Chambers USA, America's Leading Lawyers for Business
    • Healthcare/Regulatory – Tennessee, 2020-2023
  • Martindale-Hubbell®
    • AV®– Preeminent™ Peer Review Rated, 2017
  • Certified Professional in Healthcare Risk Management, 2016
  • Guest Editor, Journal of Nurse Practitioners, 2016
  • Registered Nurse, 1995

Bar Admissions

  • Tennessee, 2013
  • Mississippi, 2007
  • Kansas, 1999
  • Missouri, 1998

Education

  • University of Missouri - Kansas City, J.D., with distinction, 1998
    • Editor, UMKC Law Review , 1997-1998
    • Dean’s Academic Achievement Award for Highest Academic Achievement
  • University of Kansas, B.S.N., 1995
  • Clerkship, Judge Joseph E. Stevens, U.S. District Court for the Western District of Missouri, 1998-2000

Associations

  • American Bar Association
  • American Health Lawyers Association
  • Tennessee Bar Association
    • Health Law Section
      • Executive Council, 2022-2023
  • Mississippi Bar Association
  • Memphis Bar Association
    • Health Law Section
      • Chair, Outreach Committee, 2021-Present
  • Board of Directors, Memphis Navy League, 2018-Present
  • The American Society of Healthcare Risk Managers (ASHRM)
  • Healthcare Compliance Association (HCCA)
  • The American Association of Nurse Attorneys (TAANA)

Papers, Presentations & Publications

  • Presenter, “Physician/Health Care Provider Contracting and Employment”, Tennessee Bar Association, Annual Conference Primer, October 19, 2022
  • Presenter, “Cash-Only Medical Practices - It's Not a Simple Solution,” Memphis Bar Association, August 25, 2022.
  • Co-Author, "Non-Physician Practitioners: Tennessee," Thomson Reuters, Practical Law Health Care, July 22, 2022.
  • Co-Presenter, "Is it Privileged? Part 2," Memphis Bar Association, YLD Rookie Lawyer Series, April 14, 2021.
  • Co-Presenter, "Is it Privileged? Part 1," Memphis Bar Association, YLD Rookie Lawyer Series, March 30, 2021.
  • Presenter, “COVID-19: Its Sweeping Impact on Healthcare Laws,” Memphis Bar Association, Health Law Section, August 2020.
  • Co-Presenter, “Healthcare Law 101 – Fraud and Abuse Fundamentals, Scenario-Based Training,” Memphis Bar Association, Health Law Section, October 2019. 
  • Co-Presenter, “Healthcare Regulatory Issues for Real Estate Arrangements,” Memphis Bar Association, October 2018.
  • Co-Presenter, “Telehealth and Telemedicine:  Shaping the Future of Health Care Delivery,” Tennessee Bar Association, January 2018.
  • Presenter, “Physician Contracting:  What Physicians Should Consider,” University of Mississippi Medical Center, Internal Medicine Residents, February 2018.
  • Co-Presenter, “The False Claims Act and Compliance,” St. Jude Children’s Research Hospital, August 2017.
  • Co-Presenter, “Human Resource Issues and Employed Physicians,” Tennessee Society for Healthcare Human Resources Administration, June 2017.
  • Co-Author, “Informed Consent: Ethical and Legal Considerations for Advanced Practice Nurses,” The Journal for Nurse Practitioners, Volume 13, Issue 2, February 2017.
  • Speaker, "The Filip Factors – What the Feds Will Consider in the Prosecution of Health Care Organizations,” Butler Snow Compliance Roundtable, October 2016.

Ann E.

Lundy

Overview

As a member of the Health Law Practice, Ms. Lundy represents hospitals and health systems, physicians, and ancillary services providers on regulatory, operational, and transactional matters including Medicare and Medicaid payment, the federal Stark and Anti-kickback laws, EMTALA, HIPAA privacy and security compliance, state law licensure and compliance issues.

Experience

  • Vice President, Legal Affairs, not-for-profit regional health system responsible for legal, compliance, risk management, and quality.
  • Assisted health system in the establishment of eleven provider-based clinics, four of which were certified by Medicare as rural health clinics.
  • Represented hospital throughout the self-referral disclosure protocol to resolve various potential violations of the federal Stark Law with CMS.
  • Assisted large academic medical center throughout a 340B HRSA audit, including resolution of manufacturer repayment obligations.
  • Represented hospitals in response to CMS Immediate Jeopardy findings arising out of various issues, including violation of EMTALA and Medicare Conditions of Participation.  
  • Assists hospitals in the resolution of violations of HIPAA, including development of corrective action plan and patient notification.
  • Represented hospital in ACO contract negotiations.
  • Representation of a physician group arising out of alleged violations of the Controlled Substances Act as a result of prescription writing practices.
  • Legal Counsel to the Board of Directors, not-for-profit health system.
  • Represented healthcare providers in various Medicare and Medicaid audits and appeals arising from RAC, ZPIC, CERT and Meaningful Use audits as well as cost report determinations.
  • Implementation and gap analysis of healthcare providers compliance programs based on OIG guidelines and core elements.
  • Representation of physician group practices and health systems in various joint ventures, including clinical co-management arrangements, asset purchase agreements, personal services agreements, ACOs, and affiliation agreements.
  • Representation of healthcare providers in various professional licensure issues.
  • Assisted large research institute in identification and voluntary self-disclosure of significant overpayment issue.
  • Assists hospitals and physician groups through the peer review process, including reporting obligations to the National Practitioners Data Bank.
  • Medical Staff Bylaws, drafting and implementation.
  • Various lab outreach projects. 
  • Representation of academic medical center in implementation of the Epic Community Connect program, including EHR subsidy program.

Distinctions

  • Best Lawyers in America®
    • Health Care Law, 2024
    • Litigation - Health Care, 2024
  • Chambers USA, America's Leading Lawyers for Business
    • Healthcare/Regulatory – Tennessee, 2020-2023
  • Martindale-Hubbell®
    • AV®– Preeminent™ Peer Review Rated, 2017
  • Certified Professional in Healthcare Risk Management, 2016
  • Guest Editor, Journal of Nurse Practitioners, 2016
  • Registered Nurse, 1995

Bar Admissions

  • Tennessee, 2013
  • Mississippi, 2007
  • Kansas, 1999
  • Missouri, 1998

Education

  • University of Missouri - Kansas City, J.D., with distinction, 1998
    • Editor, UMKC Law Review , 1997-1998
    • Dean’s Academic Achievement Award for Highest Academic Achievement
  • University of Kansas, B.S.N., 1995
  • Clerkship, Judge Joseph E. Stevens, U.S. District Court for the Western District of Missouri, 1998-2000

Associations

  • American Bar Association
  • American Health Lawyers Association
  • Tennessee Bar Association
    • Health Law Section
      • Executive Council, 2022-2023
  • Mississippi Bar Association
  • Memphis Bar Association
    • Health Law Section
      • Chair, Outreach Committee, 2021-Present
  • Board of Directors, Memphis Navy League, 2018-Present
  • The American Society of Healthcare Risk Managers (ASHRM)
  • Healthcare Compliance Association (HCCA)
  • The American Association of Nurse Attorneys (TAANA)

Papers, Presentations & Publications

  • Presenter, “Physician/Health Care Provider Contracting and Employment”, Tennessee Bar Association, Annual Conference Primer, October 19, 2022
  • Presenter, “Cash-Only Medical Practices - It's Not a Simple Solution,” Memphis Bar Association, August 25, 2022.
  • Co-Author, "Non-Physician Practitioners: Tennessee," Thomson Reuters, Practical Law Health Care, July 22, 2022.
  • Co-Presenter, "Is it Privileged? Part 2," Memphis Bar Association, YLD Rookie Lawyer Series, April 14, 2021.
  • Co-Presenter, "Is it Privileged? Part 1," Memphis Bar Association, YLD Rookie Lawyer Series, March 30, 2021.
  • Presenter, “COVID-19: Its Sweeping Impact on Healthcare Laws,” Memphis Bar Association, Health Law Section, August 2020.
  • Co-Presenter, “Healthcare Law 101 – Fraud and Abuse Fundamentals, Scenario-Based Training,” Memphis Bar Association, Health Law Section, October 2019. 
  • Co-Presenter, “Healthcare Regulatory Issues for Real Estate Arrangements,” Memphis Bar Association, October 2018.
  • Co-Presenter, “Telehealth and Telemedicine:  Shaping the Future of Health Care Delivery,” Tennessee Bar Association, January 2018.
  • Presenter, “Physician Contracting:  What Physicians Should Consider,” University of Mississippi Medical Center, Internal Medicine Residents, February 2018.
  • Co-Presenter, “The False Claims Act and Compliance,” St. Jude Children’s Research Hospital, August 2017.
  • Co-Presenter, “Human Resource Issues and Employed Physicians,” Tennessee Society for Healthcare Human Resources Administration, June 2017.
  • Co-Author, “Informed Consent: Ethical and Legal Considerations for Advanced Practice Nurses,” The Journal for Nurse Practitioners, Volume 13, Issue 2, February 2017.
  • Speaker, "The Filip Factors – What the Feds Will Consider in the Prosecution of Health Care Organizations,” Butler Snow Compliance Roundtable, October 2016.