For nearly 20 years, Kimberly Kirk has provided practical, informed, and responsive counsel to health care providers throughout the region and nationally. Her goal in providing counsel and advice is to develop solutions that protect clients’ interests and advance their business goals while meeting regulatory requirements.

Overview

For nearly 20 years, Kimberly Kirk has provided practical, informed and responsive counsel to health care providers throughout the region and nationally. Her goal in providing counsel and advice is to develop solutions that protect clients’ interests and advance their business goals while meeting regulatory requirements.

Ms. Kirk works on significant regulatory and transactional matters involving health care-related companies. Her practice includes advising clients on:

  • Development of HIPAA forms, policies and procedures and related operational issues, such as permitted uses and disclosures of protected health information and safeguards to protect the privacy and security of protected health information
  • Clinical research issues, including the use and disclosure of information for research purposes, negotiation and drafting of clinical trial agreements for hospitals and physician groups, Medicare reimbursement and informed consent
  • Advice to health care provider clients on data breach matters involving potential violations of HIPAA and state privacy laws governing protected health information and financial data, including required reporting to patients, the media, and applicable state and federal agencies and interaction with US DHHS Office for Civil Rights and state attorneys general.
  • Advice on HIPAA and other data privacy and security issues involved in the negotiation of agreements with cloud service providers and other vendors who access and handle PHI and other personal and financial data.
  • Development of HIPAA policies and procedures and related operational issues, such as permitted uses and disclosures of protected health information
  • Tax-exempt status issues and tax-exempt bond financing
  • Clinical research issues, including negotiation and drafting of clinical trial agreements for hospitals and physician groups, Medicare reimbursement, informed consent and the use and disclosure of information for research purposes
  • Patient-care and risk-management matters
  • Financing transactions involving health care-related companies, including issues related to security interests in Medicare receivables
  • Medical-staff bylaws and related documents, policies and procedures, and controversies

Kimberly is an active participant in state and national health law organizations, and regularly attends and speaks at health care-related conferences.

Notable

Notable

  • Best Lawyers in America, Health Care Law, 2012-2021
  • Best Lawyers in America, Charlotte Health Care Law "Lawyer of the Year," 2013

News

Blogs and Resources

Alerts

Affiliations

Affiliations

  • American Health Lawyers Association, Health Information Technology Committee
  • American Bar Association: Health Law Section
  • North Carolina Bar Association: Health Law Section Council

Speaking Engagements

Speaking Engagements

  • Presenter, 2013 American Health Lawyers Association Physicians and Physician Organizations Law Institute, "The Evolution of HIPAA: Impact of HITECH and Increased HIPAA Enforcement on Physician Practices"
  • Co-presenter, Healthcare Reform Update 2012, January 2012, Mecklenburg County (NC) Bar
  • Presenter, Health Care Symposium, September 2009, sponsored by Moore & Van Allen, PLLC and LarsonAllen, LLP
  • Speaker, Sixth National HIPAA Summit, "Understanding and Negotiating Trading Partner Agreements" (part of preconference symposium sponsored by AHLA)
  • Co-presenter, 2000 AHLA Physicians and Physician Organizations Law Institute, "Unwinding Physician Practice Acquisitions"
  • Frequently lectures and writes on health care legal issues

Education

A.B., Davidson College, 1991, magna cum laude; Honors in History

J.D., Vanderbilt University, 1994; Order of the Coif; Vanderbilt Journal of Transnational Law

Admissions

  • North Carolina, 1994
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Best Lawyers in America, Health Care Law, 2012-2021

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