KOPF HEALTHLAW, LLC
51 Monroe Street – Suite 600Rockville, Maryland 20850 -2416
Randi Kopf, RN, MS, JD 301.251.2788
Principal Attorney Fax 301.251.4026
Washington, DC
www.kopfhealthlaw.com
Maryland
kopf@kopfhealthlaw.comRandi Kopf,
RN, MS, JD
PRACTICE
Founder and Principal Attorney of Kopf HealthLaw, LLC
General Health Law, Corporate and Administrative Law, E-Health, E-Law
EDUCATION
Cornell University, BS
State University of New York at Stony Brook, School of Nursing, BS, MS University of Maryland School of Law, JD
AREAS OF EMPHASIS
• Corporate matters pertaining to the practice of medicine and health care • Incorporation and practice structuring
• Health insurance, Managed care and Medicare provider contracting and negotiations • Employment agreements and employment related matters
• General Counsel for medical and healthcare practices • Medical practice acquisition and sale
• Professional grievances, liability or termination issues
• Documentation, medical records and contractual issues
• The impact of Federal and State legislation on health care practices – Including but not limited to Stark,
Antitrust statutes, False Claims Act, Healthcare Fraud and Abuse, ADA, FMLA, HIPAA and ACA
• Physician regulatory, reimbursement and health insurance compliance issues and audits • Medicare and compliance issues and audits
•Compliance plan development, implementation and related issues for medical practices
• E-Health (technology use in medicine and health care), HIT matters, contracts for electronic technology use in
health care and E-Law matters
• Living wills and medical power of attorney
• Health law counsel for medical professionals, medical and allied health associations and certain individuals My published work includes the book, Before You Sign... Managed Care Contract Review for Health Care Providers, and
The Nursing Handbook of Physical Assessment. I have made a significant contribution to the Professional Association of Health Care Office Management (PAHCOM) Compliance Guide. The Maryland Bar Journal published my article, The Virtual Law Firm. I served as editor and contributor for the Business and Legal Guidebook for Nurse Practitioners
published by The American Association of Nurse Attorneys, (TAANA). The American Bar Association, in their Health Lawyer Journal, published my article, “Antitrust Enforcement: How Medical Practices Feel the Effects”. I have been a frequent contributor to professional journals and lectured nationally on medical legal issues. I have been a long time editor and contributing author to the Journal of Nursing Law. I have been quoted in and contributed to many medical publications such as Medicare Compliance Alert, BNA Health Care Reporter,BNA-AHLA E-Health Reporter,Health Information Compliance Insider, Medical Economics, Managed Care Contract Negotiator and Medical Office Manager. I continue to serve an appointment to the Maryland Attorney Grievance Commission Peer review Panel and have participated with the Maryland Health Care Commission’s EDI/HIPAA task force that developed nationally accepted privacy guideline tools. I received two Distinguished Service Awards and the Most Outstanding Health Law and Legislation Section Member from TAANA, served as Corresponding Secretary and served two terms as a Member of the Board of Directors of TAANA and currently serve as the Treasurer and Trustee for the TAANA Foundation. I was voted by my peers and published as a Super Lawyer from 2007 – 2010.
Before establishing the Kopf HealthLaw, I practiced health law in the Washington DC office of Nixon, Hargrave, Devans and Doyle (currently NixonPeabody). I was a grant consultant to the University of Maryland School of Law and served as a legal intern to the Office of the General Counsel at the National Institutes of Health (NIH).
I have provided legal support for several U.S. Congressional health care bills and advocated on the behalf of physicians and patients before the U.S. Attorney’s Health Care Fraud Task Force.
PARTIAL CLIENT LIST
•Physicians (Solo and Group Practices) • Nurses, Nurse Practitioners and Physician Assistants • Podiatrists • Psychologists
• Healthcare consultants • Dentists • Billing and coding consultants • Accountants • Patient account managers of medical groups and hospitals
• Physical and Occupational Therapists • Individuals with health insurance matters • Lawyers and Law firms • Continuing Education Companies • National/Regional Medical/Health/Allied Health Associations
Consultant to and or speaker for:
United States Congressional Representatives
U.S. Attorney Health Care Fraud and Abuse Task Force
American Society for Therapeutic Radiology and Oncology (ASTRO) Medical Group Managers Association (MGMA)
Professional Association of Health Care Office Management (PAHCOM) American Podiatric Medical Association (APMA) and State Societies American Association of Occupational Health Nurses (AAOHN) American Guild of Patient Account Managers (AGPAM now AAHAM) American Occupational Therapy Association (AOTA)
Medical and Chirurgical Faculty of Maryland (Med Chi) (Maryland State Medical Society) Capital Physicians Network (CPN)
The Arthritis Foundation of Greater Washington The American Cancer Society of Montgomery County The American Association of Nurse Attorneys (TAANA) The Lupus Foundation of Greater Washington
Pedorthic Footwear Association Law school professors
Medical personnel placement agencies
Medical and allied health colleges (continuing education)
SPEAKING ENGAGEMENTS
(Partial Listing)• The American Health Lawyers Association
• American Society of Therapeutic Radiology and Oncology (ASTRO), National • Maryland Medical Association (Med Chi)
• Maryland State Bar Association (MSBA)
• Bar Association of Montgomery County (BAMC) • The Greater Washington Society of CPA’s
• American Podiatric Medical Association (APMA), National Meetings and State Meetings
• Medical Group Managers Association (MGMA), State and Eastern
Regional Annual Meetings
• Professional Association of Medical Office Managers (PAHCOM), National and multiple State Meetings
• The American Association of Nurse Attorneys (TAANA), The Chesapeake Nurse Attorneys
• The American Association of Occupational Health Nurses (National, Greater Washington, Maryland and
Virginia
• American Guild of Patient Account Managers (AGPAM), National Capital Area Chapter • American Association of Healthcare Administrative Managers (AAHAM)
•
Georgetown University, Health Care Management Program• Medical Mutual Liability Insurance Society of Maryland, state wide lectures • Professional Education Systems, Inc., National speaking engagements • Lorman Education Systems, Inc.
ABBREVIATED LIST OF RECENT PRESENTATIONS and REQUESTED TOPICS
“ Lunch with the Lawyer” Series – “Health Insurance Options”, “Living Wills and Medical Power of Attorney” Why Are These Important to You Now”, “Know Your Rights as a Patient”, Education series for the University of Maryland, Graduate Students, College Park, 2012-13
“HIPAA Myth Busters for Legal Practice”, The American Association of Nurse Attorneys (TAANA), 2011 Annual Meeting “Extortion, Theft, Fraud & Other Liabilities Associated with International Outsourcing of Protected Health Care Information”, Chesapeake Nurse Attorneys, Inc., June 2011
“Debunking HIPAA Urban Myths”, Solo and Small Firm Conference,Maryland State Bar Association, Nov. 2010, MD “Impact of Healthcare Reform and HIT Implementation on Health Care Providers”, George Washington University Hospital, Coalition for Environmentally Safe Communities, Washington, DC, Oct. 2010
“Legal Issues of the EHR and the HITECH Act”, The Professional Association of Health Care Officer Managers (PAHCOM) Annual meeting, Orlando, Fla., Sept. 2010
"Not Your Mother's EHR: What You REALLY Need to Know About EHR Medical-Legal Issues & the High Tech Act", Antietam Professional Association of Health Care Office Managers (PAHCOM) Chapter, November 2009
"Protecting Your Legal Reputation On line", The American Association of Nurse Attorneys, Annual Meeting, Tampa, FL, 2008, The New York Metropolitan Chapter of The American Association of Nurse Attorneys, New Hyde Park, New York, April 2009, The Maryland State Bar Association Solo and Small Firm Conference, November 2009
“The Electronic Medical Record: What Every Nurse Attorney Needs to Know for Their Clients and Themselves”, The American Association of Nurse Attorneys (TAANA) 28th Annual Educational Conference, Albuquerque, New Mexico,
October 2009
"Expanding Office Services: Expanding Legal Liability", Association of Dermatology Administrators/ Managers (ADA/M) National Meeting, Boston, Massachusetts, July 2009
"Protecting Your Medical Reputation Online", Washington Hospital Center Physicians Open Board Meeting, Washington, DC, June 2009
"HIPAA Privacy for OHN Case Managers", American Association of Occupational Nurses (AAOHN), Annual Symposium, Orlando, Florida, April 2009
"HIPAA for the Corporate Setting", American Association of Occupational Nurses (AAOHN), Annual Symposium, Orlando, Florida, April 2009
"Emerging Issues in Electronic Health Records for Nurses", The Center for American Nurses Webinar, April 2009
"The EMR in Cyberspace: Confidentiality Considerations", Healthcare Informatics 2008 Symposium, St. Petersburg, FL
“From the Trenches-Been There, Done That (Panel Discussion”), The American Nurse Attorney Association's (TAANA) Annual Meeting, Pre-Conference Program, Solo and Small Firm Practice, Newport, RI, 2007
"Legally Effective Employee Reviews and Determination of Overtime Exempt Employees", Association of Dermatology Administrators/ Mangers National Meeting, 2007
“HIPAA Violations and Legal Recourse”, Bar Association of Montgomery County, Rockville, MD, 2007
“The Electronic Health Record (EHR): Legal Interplay between Creation, Utilization, Protection and Governance- What every nurse attorney needs to know for their clients and themselves”, Chesapeake Nurse Attorney, Inc., Baltimore, MD
“Before Your Sign … Participating Provider Contract Review”, Eastern Shore Medical Group Managers Association Inc., Salisbury, MD
“Be Prepared: Is Your Nursing Practice Within the Law?” theAmerican Association Occupational Health Nurses National Meeting, Orlando, FL
“Is Your Nursing License at Risk in the Workplace? Learn How to Protect It”,the American Association Occupational Health Nurses National Meeting, Orlando, FL
“Legally Effective Employee Reviews and Determination of Overtime Exempt Employees”, Association of Dermatology Administrators/Mangers (ADA/M), Washington, DC
“Drafting Cyber Technology Contracts for Health Care Clients”,the American Nurse Attorney Association's Annual Meeting, San Francisco, CA
"Legal Aspects of Cyber Nursing Technology in the Workplace", the American Association Occupational Health Nurses National Meeting, Albuquerque, NM
"Electronic Medical Records Documentation Guidelines", theAmerican Association Occupational Health Nurses National Meeting, Albuquerque, NM
Montgomery County Public television
"Practical Technology Every Solo Needs" Hanging Out Your Shingle, Solo and Small Practice Section,Maryland State Bar Association, Laurel, MD
"Legal Aspects of Communication Technology in the Workplace",Johns Hopkins School of Public Health, Baltimore, MD
"Legal Perspectives: Advising Clients about Electronic Health Records", The American Nurse Attorney Association's Annual Meeting, Chicago, IL
"Contract Negotiation for Non-Lawyers: Protecting the Advanced Practice Nurse", The American Nurse Attorney Association's Annual Meeting, Chicago, IL
"2005 Legal Perspectives of the Electronic Health Record: Efficient, Compliant or a Breach of Privacy Liability?”
Lorman Educational Services, National Teleconference
"Navigating the HIPAA Regulations for Medical Records and Health Information", Health Law Section, Montgomery County Bar Association, Rockville, MD
“Legal Aspects of Cyber Nursing Technology in the Workplace”, Baltimore-Greater Washington Area Association Occupational Health Nurses, Timonium, MD
"How to Minimize Your Business Clients' Exposure to Personal Liability", Business Law Section, Montgomery County Bar Association, Rockville, MD
"Navigating the HIPAA Regulations for Medical Records and Health Information", Health Law Section, Montgomery County Bar Association
"The Virtual Law Practice", Montgomery County Bar Association, Rockville, MD
"Navigating Health Laws When Representing Health Care Clients", Health Law Section,Montgomery County Bar Association, Rockville, MD
"Is Your Medical Record an Asset or Liability?” Washington Association Occupational Health Nurses
"Asset Protection and Asset Vulnerabilities: Covering Your Assets", Montgomery County Bar Association, Rockville, MD
"Cyber Nursing", Virginia Nurses Association, Falls Church, VA
"Where are Your Body Parts Going? Organ Donation and Making Your Wishes Known", Community Service
"Organ Donation: Legal Ethical Considerations", University of Maryland School of Medicine
"Who's Looking at You: Privacy and Your Personal Health Information", Community Service
"Cyber Advocacy: Legal Issues of Practicing Law on the Internet", The American Nurse Attorney Association's Annual Meeting
"Living Wills and Medical Power of Attorney: The Importance of these Documents", Heartland Health Care Center, MD
"Health Care Advice from the Internet- Who Can You Trust", Community Service
“Virtual Law Practice: Solos in Cyberspace”, Maryland State Bar Association, Baltimore, MD
"Legalities of Utilizing and Maintaining Computerized Medical Records- Including the New HIPAA Privacy Regulations", Lorman Educational Services, Baltimore, Maryland
“PC Tips to Improve Your Life and Your Practice", Maryland State Bar Association, Baltimore, MD
“The Rapid Evolution of Law Firms Websites: What’s Legal? What’s Best Practice? Law Firm Websites Under the Maryland Ethics Rules”, The Maryland State Bar Association Annual Meeting, Ocean City, MD
“Legalities of Utilizing and Maintaining Computerized Medical Records in Maryland”, Lorman Education Services, Baltimore, MD
“Cybermedicine Issues for Health Related Websites”, The American Health Lawyers Association, Seattle, WA
“Patient Consent: Professional and Legal Obligations”, Medical Mutual, Maryland statewide sessions
“Your Practice Website- A View from This Side of the Screen”, Tips on Building, Maintaining & Securing Your Practice Website, Maryland State Bar Association, Baltimore, MD
“Compliance Workshop” Physician Enhancements Institute, Virginia Beach, VA
“Patient’s Rights in Maryland”, Lorman Education Services, Baltimore, MD
“The Heart of Your Compliance Plan- The Medical Chart Review”, Biloxi, MI, National PAHCOM Meetings
“Medical Records: Make Then an Asset Not a Liability”, Biloxi, MI, National PAHCOM Meetings
“Cyber Medicine: The Technology and Legal Considerations”, Ocean City, MD, Med Chi
“Current Compliance Initiatives”, Superior Chapter of Michigan Professional Association of Health Care Office Managers (PAHCOM)
“Cyber Medicine: Legal Issues Concerning Practicing Medicine on the Net”, District of Columbia Bar Association, Health Law Section, Washington, D.C.
“60 Internet Tips in 60 Minutes”, Technology Showcase, Maryland State Bar Association, Baltimore, MD
ADDITIONAL SEMINAR TOPICS “Managing Managed Care Contracts”
“Managed Care Contract Review & Insurance Audit Trends” “60 Websites in 60 Minutes”
“Advance Directives: Professional and Legal Implications” “Legal Issues Impacting Patient Registration”
“How to Negotiate Managed Care Contracts”
“Challenging and Difficult Decisions in Pain Management- Legal and Professional Issues”
“Legal Issues for Nurse-Midwives and Obstetricians”
“Managing Legal Risks for School and Community Health Nurses”
“Before You Sign … Essential Tools for Reviewing Managed Care Contracts” “The Legal Role of the Hospital Medical Record and Preparing to Testify”
“The Law for Nurse Managers”
“Personnel Issues - Hiring and Firing” “Documentation for Nurses”
“Americans with Disabilities Act - Impact and Implementation for Physicians”
“Practice Impact and Implications of the OSHA Blood Borne Pathogens Regulations” “Legal Issues of Genetic Counseling”
Additional Legal and Nursing Seminars available
BOOKS (authored) and OTHER PUBLISHED MATERIALS
•
PAHCOM Compliance Guide and PAHCOM Practice Management Guidebook (Professional Association of Health Care Office Managers), Significant contributions•Before You Sign … Managed Care Contract Review for Health Care Providers
BOOKS (authored) and OTHER PUBLISHED MATERIALS
•Legal Guide for Nurse Practitioners, Editor, The American Association of Nurse Attorneys •Managed Care Information Resource, Chapters written for the American Occupational Therapy Association
•Making Health Care Decisions for Others in Maryland and Information For Patients RegardingAdvanced Directives and Appointing a Health Care Agent, Health Law Section Maryland Sate Bar Association, participant author, Summer and Fall. This work won the State Bar Association’s award for Outstanding Public Service Project
•Handbook of Nursing Physical Assessment, Aspen Publishers, Inc.
PUBLISHED INTERVIEWS, QUOTES and COMMENTS
The Daily Record FierceEMR
The Baltimore Sun The Maryland Bar Bulletin
BNA Health Care Reporter BNA E-Health Reporter
Medicare Compliance Alert Medical Economics
Health Information Compliance Insider Managed Care Contract Negotiator
MGMA News Medical Office Manager
PAHCOM News Health Information Compliance Insider
Cardiology Insider General Surgery Reimbursement & Compliance Insider
OB-GYN Practice Management Radiology Administrator’s Compliance and Reimbursement Pediatric Administrator Reimbursement & Compliance Insider HCPro, Inc.
JOURNAL/NEWSLETTER ARTICLE PUBLICATIONS
(Partial Listing)•ABA Health Lawyer (American Bar Association) • The Journal of Nursing Law
• ASTRO News (American Society for Therapeutic Radiology & Oncology) • APMA News (American Podiatric Medical Association)
• PAHCOM (Professional Association of Medical Office Managers) • Maryland Bar Journal
•The Maryland Medical Journal
• The Medical Bulletin of DC and No. Virginia • Managed Care Contracting and Reimbursement
• Medical Office Manager
• Snyder, Cohn, Collyer & Associates, “Physician Perspectives”, CPAs and Business Consultants
• OB-GYN Practice Management
ABBREVIATED LIST OF RECENT PUBLICATION TITLES
“Prying Eyes: Protecting Your Personal Health Information” “The Virtual Law Firm”
“A Focus on the HIPAA Privacy Regulations Consent, Authorization and Business Associate Contract Provisions” “HIPAA and the Electronic Medical Record”
“Informed Consent: A Physician’s Legal, Personal and Professional Responsibility” “Clinical Trials: Informed Consent for Patients and Physicians”
“Electronic Medical Records: Is It Time for a Paper-Less Medical Practice?” “Physician Web Sites and E-Mail: Practice Enhancement or Practice Liability?” “Cybermedicine: Pitfalls and Promises of Internet Health Care”
“Insurance: What You Need to Know about Appropriate Coverage” “Untangling the Risks and Benefits of Websites and Email” “Cyber Medicine: Some Real Risks in Virtual Medicine” “Medical Records: Legal Aspects of Documentation”
“Medical Records: Make Then Your Asset Not a Legal Liability”
“MCO Contracts – Physicians Should be Aware of Waiving Their Legal Rights” “Current Trends in Managed Care Contracts”
“Fraud and Abuse Update”
“Medicare Compliance: Whatto Do If Your Practice is Audited” “Antitrust Enforcement: How Medical Practices Feel the Effects”
ADDITIONAL PUBLICATION TITLES
“Understanding Restrictive Covenants”
“Medicare Compliance Plans: A New Requirement”
“Before You Sign… Tools for Evaluating Managed Care Contracts” “OSHA: It Hasn’t Gone Away”
“Private Contracting with Medicare Patients” “Fraud and Abuse Update”
“The Government Expects You to Have a Medicare Compliance Plan in Place: Are You Ready” “HCFA Wants You to Comment on Stark II” [Summary of the proposed Stark II rules]
“Beware of MCO Contracts That Waive Your Legal Rights” “Legal Tips at the Start of Your Professional Career” “Managed Care is the Pendulum Swinging Back?”
“Antitrust Enforcement: How Medical Practices Feel the Effects” “How to Form a Provider Network”
“Opting for a Living Will”
“Overview of the New Health Insurance Portability and Accountability Act of 1996 (HIPAA)” “Any Willing Provider Laws: Access or Impediment”
“The STARK Reality”
“Legal Documentation Guidelines: Are Your Medical Records a Legal Asset or a Liability?” “The Americans with Disabilities Act: Serious Legislation to Reduce Discrimination” “The Medicare Post Payment Audit - How to Avoid It What to do When it Occurs”
Additional Legal and Nursing Publications, Speaking Engagements and citations available upon request
BOARD CERTIFICATION
National Nurse Practitioner Board Certification, Family Practice - 30 years
HONORS and AWARDS
• Recording Secretary (2008, 2009), Board of Directors (2005-11), The American Association of Nurse Attorneys (TAANA)
•Treasurer andTrustee, The American Association of Nurse Attorneys Foundation • President, Chesapeake Nurse Attorneys, Inc.
• The Most Outstanding Health Law Section Member, TAANA, 2007 • The Cynthia Northrop Distinguished Service Award, TAANA, 2004, 2011 • Who’s Who in America 2000
• Cornell University Alumni Award for Outstanding Volunteerism • Who’s Who in American Medicine and Healthcare
• Who’s Who in American Women, • Who’s Who in American Nursing
• National Distinguished Service Award, Nursing
BAR ADMISSIONS
Admitted to practice law in the State of Maryland, the District of Columbia and the Supreme Court of the United States of America
PROFESSIONAL AFFILIATIONS
A member in good standing of the:
• American Health Lawyers Association • District of Columbia Bar
• Maryland State Bar Association, Health Section, Solo and Small Practice & Technology Section
• Montgomery County Bar Association, Health Section (past Chair)
• The American Association of Nurse Attorneys, Inc. (TAANA), Fellow, Secretary and Member, Board of
Directors 2005-2011, Chair -National Chapter President’s Council (2001-2004), Chair -Electronics Communications Committee (2004)
• Chesapeake Nurse Attorneys, Inc. (President -1999-2005, 2010-13) •East Coast Nurse Attorneys