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.
- Best Lawyers in America, Health Care Law, 2012-2021
- Best Lawyers in America, Charlotte Health Care Law "Lawyer of the Year," 2013
- Best Lawyers, 08.2020
- Best Lawyers, 08.2019
- Best Lawyers, 08.2018
- Best Lawyers, 08.2017
Blogs and Resources
- CMS Announces Reevaluation of Accelerated Payment Program Payments; Suspends Advance Payments to Part B Suppliers04.2020MVA COVID-19 Resource Center
- Summary of North Carolina Governor's April 8, 2020 Executive Order 130 - Meeting North Carolina's Health and Human Services Needs – Including Waiver of Certain Certificate of Need Requirements04.2020MVA COVID-19 Resource Center
- Summary of The Centers For Medicare & Medicaid Services (CMS) Temporary Regulatory Waivers and New Rules Affording Additional Flexibilities to the U.S. Healthcare System during the Covid-19 Pandemic03.2020MVA COVID-19 Resource Center
- American Health Lawyers Association, Health Information Technology Committee
- American Bar Association: Health Law Section
- North Carolina Bar Association: Health Law Section Council
- 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