Kimberly Donovan co-chairs the firm’s Healthcare Industry Group and has earned the prestigious distinction of Board Certification in Health Law by the Florida Bar. She represents healthcare entities in arbitrations and litigation in federal and state courts across the nation. She is an American Arbitration Association Panel Member: Healthcare and Commercial.

    Kimberly’s experience litigating healthcare issues, coupled with a strong understanding of the business of healthcare, as well as her pragmatic style, makes her a trusted client advisor. She helps clients develop strategic business goals early in the representation and strives to efficiently achieve these goals. Because healthcare disputes often involve discovery of confidential health information, she ensures that proper safeguards are implemented to protect this information in compliance with applicable federal and state privacy laws.

    She counsels clients on many important issues affecting the healthcare industry, including Medicare Advantage plans, state Medicaid programs, ERISA, provider networks, federal and state prompt pay laws, federal and state fraud, waste and abuse laws, HIPAA, Management Services Organizations (MSOs), third-party reimbursement, overpayments, patient notifications, peer review privilege and state “any willing provider” laws.

    Kimberly regularly advises clients on pharmacy/pharmacy benefit manager issues involving Medicare Part D, Medicaid, 340B, audits, state pharmacy laws, the federal “any willing pharmacy” law, fraud, waste and abuse issues, specialty pharmacies and compound pharmacies.

    Prior to graduating, Kimberly interned for the Honorable William P. Dimitrouleas of the US District Court for the Southern District of Florida.

    Kimberly is a member of the American Health Lawyers Association, the Health Law section of the Florida Bar and the Broward County Bar Association. She volunteers her time serving on the family advisory council at a local hospital.

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    • Arbitration award in client’s favor dismissing breach of contract claims.
    • Advised behavioral health client on complicated data privacy issues involving HIPAA and 42 C.F.R. Part 2.
    • Dismissal of claims alleging violations of federal antitrust laws and state any willing provider laws.
    • Defeated preliminary injunction sought against client involving termination of pharmacy from provider network.
    • Guided client with respect to inquiry from Florida Office of Insurance Regulation.
    • Dismissal of claims against managed care entity for failure to exhaust administrative remedies under the federal Medicare Act.
    • Favorable ruling on summary judgment in putative class action alleging violations of Florida prompt pay statute.
    • Dismissal of claims related to managed care organization’s efforts to collect a lien pursuant to the Medicare Secondary Payer law.
    • Defended putative class action of providers alleging improper recoupment of overpayments.
    • Advised client on Florida laws governing purchase of primary care physician practice.
    • Dismissal of statement of claims when plaintiff brought claims against wrong entity.
    • Defended hospital against state law claims brought by terminated provider group.
    • Negotiated settlements involving coverage disputes and rescission of policies.
    • Reviewed hospital and provider contracts for compliance with federal and state anti-kickback laws.
    • Represented clinical laboratory in dispute with a Florida regulatory agency over licensing requirements.
    • Negotiated settlement between provider group and departing physician.
    • Represented non-parties served with subpoenas requesting documents with confidential and patient health information and testimony.

    Education

    • Florida International University, J.D., Valedictorian, summa cum laude, Comments Editor, Inaugural Law Review, 2005
    • Florida State University, B.S., magna cum laude, 1999

    Admissions

    • Florida, 2005
    • District of Columbia, 2006

    Courts

    • U.S. Dist. Ct., Middle Dist. of Florida
    • U.S. Dist. Ct., N. Dist. of Florida
    • U.S. Dist. Ct., S. Dist. of Florida

    Memberships and Affiliations

    • Member of the Broward County Bar Association
    • Volunteers with the Justice Teaching Program, teaching elementary school children about the United States Constitution.
    • Noted among a select group of lawyers recognized as a Martindale-Hubbell® 2020 Distinguished Attorney for legal ability and professional ethical standards.

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    • Co-presenter, “Litigation Watch: Trends Affecting Commercial, MAO, MCO, and Part D Plans,” CLE Seminar for Ohio Health Insurer In-House and General Counsel, September 18, 2019.
    • Panelist, “What are the burning Healthcare ADR Issues?” 2018 AAA Healthcare Dispute Resolution Innovation & Strategy Conference, October 12, 2018.
    • Co-presenter, “2017: The Year of Change for Medicare and Medicaid,” ACI Managed Care Disputes and Litigation, May 3, 2017.
    • Co-presenter, “Emerging Trends in Private Health Insurance Exchanges (PHIX) Explored in 2015,” The Knowledge Group, December 11, 2015.
    • Co-presenter, “Best Practices for Managing (and Avoiding) Provider Disputes,” American Health Insurance Plans, February 2, 2015.
    • Co-author, “Third-Party Premium Payments: Agency Memos, Rules, Litigation, and More Uncertainty,” Payers, Plans & Managed Care, American Health Lawyers Association Payers, Plans, and Managed Care Practice Group, April 17, 2014.
    • Author, “Third Party Payor,” Health Law Monthly Updates, The Florida Bar Health Law Section, December 2013.
    • Co-author, “Rx for Health Care Fraud: The Feds Get Personal,” Criminal Justice, American Bar Association, winter 2012.
    • Co-presenter, “Healthcare Fraud: Individual Liability for Executives and High-Level Employees: Identifying and Addressing Risks for Executives; Avoiding OIG Exclusion Sanctions,” Strafford Publications, March 22, 2012.
    • Co-presenter, “What Keeps You Up At Night: Keeping Your CEO From Being Excluded,” March 15, 2012.

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