Katherine A. Kuchan, R.N., J.D.

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Katherine A. Kuchan, R.N.

Hall, Render, Killian, Heath & Lyman, P.C.
111 East Kilbourn Avenue
Suite 1300
Milwaukee, WI 53202

Phone: (414) 721-0479
Fax: (414) 721-0491
Email: kkuchan@hallrender.com
vCard: Download vCard

Biography

Katherine Kuchan, a nurse and Shareholder in the firm, provides legal counsel to hospital systems, individual hospitals, inpatient rehabilitation facilities, physician groups, skilled nursing facilities, laboratories and other licensed healthcare providers across the country regarding regulatory and compliance matters. She advises clients on federal False Claims Act lawsuits and investigations; internal and government investigations; fraud and abuse matters, including voluntary self-disclosures to appropriate government agencies; EMTALA; CLIA; and special regulatory problems involving survey and licensure.  Ms. Kuchan counsels clients on the design, implementation and assessment of their compliance programs.  She also assists clients with compliance and reporting under Corporate Integrity Agreements.  Ms. Kuchan’s experience as a Registered Nurse offers her clients the advantage and value of working with legal counsel who has practical, clinical knowledge and real life experience from working in the health care industry.

Preparatory Education

  • University of Wisconsin – Madison, M.S.
  • Marquette University, B.S.

Legal Education

  • Marquette University Law School , J.D., magna cum laude

Admitted to Bar

  • Wisconsin

Memberships

  • State Bar of Wisconsin
  • American Health Lawyers Association
  • Health Care Compliance Association
  • American Society for Healthcare Risk Management
  • Wisconsin Society for Healthcare Risk Management

Experience

  • RN Licensure in Wisconsin

Presentations

  • Alaska State Hospital and Nursing Home Association Seminar, Preparing for the Impact of the Alaska False Claims Act (September 2016)
  • Compliance Essentials in a High-Stakes Enforcement Era, The Federal Government’s Top 10 Enforcement Hit List (October 2015)
  • HCCA North Central Regional Annual Conference, Compliance and Cloning: The Perils of Copy-and-Paste in EHRs (October 2014)
  • TAANA 30th Annual Meeting & Educational Conference, False Claims Act Enforcement in Health Care: Recent Developments & Compliance Strategies (November 2011)
  • Catholic Health Association Compliance Conference, Healthcare Reform: What Every Compliance Officer Needs to Know (October 2010)
  • TAANA 28th Annual Meeting & Educational Conference, Navigating a Government Health Care Fraud Investigation (October 2009)

Representative Cases

Katherine represented thirty-two hospitals in a large hospital system and numerous other individual hospitals in resolving a False Claims Act lawsuit brought by two whistleblowers involving allegations that implantable cardiac defibrillators (ICDs) were implanted in Medicare beneficiaries in violation of Medicare’s National Coverage Determination 20.4 (NCD).

Katherine represented nine hospitals in a large hospital system and numerous other individual hospitals in resolving a False Claims Act lawsuit involving allegations that hospitals performed Kyphoplasty procedures on an inpatient basis when these minimally invasive procedures could have been performed on an outpatient basis.

Katherine represented a hospital in Michigan in resolving a False Claims Act lawsuit brought by a whistleblower cardiologist involving allegations that another cardiologist performed unnecessary cardiac procedures on Medicare beneficiaries.

Katherine represented two hospitals in Arizona connection with a False Claims Act lawsuit brought by a hospital corporate responsibility auditor in resolving a False Claims Act lawsuit involving allegations that Medicare beneficiaries did not meet medical necessity criteria for inpatient rehabilitation services.

Katherine represented a health system in Michigan in connection with a False Claims Act lawsuit brought by an external auditor in resolving a False Claims Act lawsuit involving allegations of upcoding evaluation and management (E/M) services provided to cardiology patients.

United States ex. rel. Hilde-Philips v. St. Luke’s Hospital of Duluth and Dr. David Moyer, Katherine represented a hospital in Minnesota in connection with a False Claims Act lawsuit brought by whistleblower physician involving allegations that another physician upcoded evaluation and management (E/M) services provided to Medicare beneficiaries.

Katherine represented a hospital and ambulance company in Florida in responding to a Civil Investigative Demand involving medical necessity of ambulance transports, and following document production and negotiation, was able to persuade the U.S. Government to close the case without any further action.

Articles

Greater False Claims Act Penalties Looming

[05/12/2016]Individuals Beware: A Shift in Focus to Individual Accountability for Corporate Wrongdoing

[09/25/2015]Doctors Beware: OIG Issues New Fraud Alert Addressing Physician Liability for Inappropriate Compensation Arrangements

[06/10/2015]DOJ Announces All False Claims Act Qui Tam Cases Will Be Reviewed by the DOJ’s Criminal Division