Maureen Demarest Murray

T (336) 378-5258
F (336) 433-7468

Maureen Murray advises and litigates concerning certificate of need, facility licensure and certification surveys and penalty appeals, and other health care regulatory matters at all levels. She regularly represents health care providers in business transactions, medical staff and peer review matters, reimbursement appeals, fraud and abuse investigations and business disputes. She counsels hospitals, long term care facilities, home health agencies, and physician groups on matters such as corporate compliance, EMTALA, credentialing, HIPAA, patient care, risk management and acquisition of facilities.

Maureen has spoken to the American Health Care Association on nursing home survey and enforcement and liability issues. She has presented for the American Health Lawyers Association on long term care liability and risk management issues. She has been a speaker for the North Carolina Association of CPAs and North Carolina Health Information Management Association on HIPAA and confidentiality of medical information. She has also spoken for the North Carolina Health Care Facilities Association, the North Carolina Hospital Association, and Virginia Health Care Financial Management Association on HIPAA, corporate compliance, EMTALA, liability, medical staff and certificate of need issues.


Education

  • J.D., Patrick Wilson Scholar, Vanderbilt University Law School, 1980
  • B.A., magna cum laude, Duke University, 1977

Admissions

  • Florida, 1980
  • North Carolina, 1980

Achievements

  • Fellow, American College of Trial Lawyers
  • Recognized by Chambers and Partners, USA, as one of North Carolina Leaders, Healthcare (2014)   
  • Selected by her peers as 2011 Greensboro Best Lawyers Health Care Lawyer of the Year (Copyright 2010 by Woodward/White, Inc., of Aiken, S.C.)
  • Selected for inclusion in Nightingale's Healthcare News 2008 list of Outstanding Hospital Lawyers
  • Listed, The Best Lawyers in America® (Woodward/White, Inc.), Health Care Law, listed more than 20 years
  • North Carolina Super Lawyers, Listed Health Care (2006-2014), and as one of the "Top 50 Women" attorneys in North Carolina (2006-2013)
  • Martindale-Hubbell's top ("AV") Peer Review Rating *

* CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure's standards and policies.

Professional Memberships

  • Member, American College of Trial Lawyers North Carolina State Committee, 2009-2014
  • American Health Lawyers Association
  • North Carolina Society of Healthcare Attorneys
  • Health Law Section of North Carolina Bar Association
  • North Carolina State Bar Disciplinary Hearing Commission 1986-1995 - Chair 1990-1995; Vice-Chair 1989-90
  • Greensboro Bar Association

Civic and Community Service

  • Vanderbilt University School of Law, Annual Law Firm Gift Committee – 2003 -
  • Vanderbilt Law Admission Interview Program
  • Duke University: Class Gift Committee - 1990-92; 1996-97; 2001-02; 2006-07; 2012-13
  • Horsepower Board of Directors, a therapeutic riding program, 2004-08; Secretary 2006-07
  • Various officer positions including President of PTSO or PTA for Western Guilford High School (present), Kernodle Middle School (past) and McIver Special Education Center (past)
  • St. Paul's Catholic Church Faith Formation Teacher - 2009-12

Representative Work

Compliance

  • Co-lead defense counsel in DOJ Medicare one day stay hospital investigation
  • Lead defense counsel for a hospital in DOJ national Medicare ICD investigation
  • Represented providers in defense of ZPIC investigations
  • Handled voluntary self-disclosures related to employment of excluded individual and physician contract and disclosure with repayment related to therapy provided to long term care residents
  • Lead counsel on defense of multiple EMTALA and nursing home fast track decertification notices
  • Represented third parties in response to government investigation subpoenas
  • Negotiated resolution with OIG to put long term care company assets into blind trust when owner convicted of Medicaid fraud
  • Preparation of facility corporate compliance programs
  • Counseling concerning billing compliance, voluntary disclosure and repayment and rural health strategies 

Regulatory

  • Counseling concerning Medicare and Medicaid enrollment of new providers
  • Guidance concerning changes of ownership
  • Advice regarding licensure compliance and defense of licensure enforcement actions
  • Counseling concerning EMTALA, licensure and HIPAA compliance
  • Guidance concerning mandatory reporting obligations
  • Assistance with obtaining Department of Insurance opinion permitting direct contracting between provider and employer for finite menu and amount of health care services

Transactions

  • Strategic guidance regarding appropriate structures for regulatory compliance
  • Lead negotiating and coordinating counsel for multiple long term care acquisitions
  • Guidance regarding regulatory compliance and due diligence for hospital and ambulatory surgical center acquisitions

Certificate of Need

  • Lead counsel in over 40 CON trials and appeals concerning operating rooms, acute care beds, endoscopy rooms, major renovation and expansion hospital projects, major medical equipment, skilled nursing facilities and home health agencies.
  • Lead counsel in arbitration concerning dispute between two hospitals regarding CON settlement.
  • Lead counsel through NC Supreme Court in CON litigation concerning exemptions from CON Act.
  • Lead counsel in federal court litigation concerning ownership of CON rights to skilled nursing facility
  • Extensive counseling concerning CON compliance and exemptions from CON review

Operations                                       

  • Counseling concerning and preparation of resident admission agreements
  • Guidance regarding patient billing and collection policies and procedures
  • Advice concerning and preparation of hospital policies and procedures, forms and patient information hand-outs
  • Guidance regarding informed consent, bioethical issues, difficult patient discharges, peer review and myriad operational issues

Health Care Litigation

  • Counsel to medical staff leadership and individual physicians in several medical staff fair hearings
  • Defense of long term care facility lease suit
  • Defense of suit in Business Court alleging usurpation of healthcare business opportunity
  • Defense of patient suits regarding hospital billing and collection practices
  • Defense of alleged breach of health care covenant not to compete
  • Defense of litigation concerning interpretation of advanced directive
  • Defense of claim by Disability Rights group concerning access to peer review materials and investigations of deaths in psychiatric inpatient units
  • Several trials appealing long term care survey and penalty enforcement actions

Publications

  • "A Good Defense is the Best Offense Against Fraud Claims," Looking at Long Term Care, October, 2010
  • "Risk Management Considerations in a Time of Medical Malpractice Crisis," American Health Lawyers Association, Long Term Care Program Materials, February 2003
  • HIPAA Manual and Model Forms for North Carolina Nursing Homes for the North Carolina Health Care Facilities Association, December 2002
  • "Plans of Correction" chapter for American Health Care Association's Legal Handbook: Survey, Certification and Enforcement, 1995

Presentations and Speaking Engagements

  • "Value Added Healthcare," Hospice of the Piedmont, Greensboro, North Carolina, February 3, 2014
  • "Heightened Health Care Fraud Enforcement," NCACPA 2013 Healthcare Industry Conference, Greensboro, North Carolina, June 14, 2013
  • "Legal Update" – Presentation to Piedmont Chapter of North Carolina Health Information Management Association – April 16, 2010
  • Panel Member, Triad Healthcare Executive Forum, Local Chapter. American College of Healthcare Executives, August 18, 2009
  • "Release of PHI to Law Enforcement" – Risk Management Symposium, Greensboro AHEC, March 2009
  • "Legal Update" – Presentation to Piedmont Chapter of North Carolina Health Information Management Association – December 12, 2008
  • "Current Compliance Issues in Long Term Care," Carolinas Health Care System, Charlotte, North Carolina, May 20, 2005
  • "Risk Management Measures and Implementation of NC Peer Review Protections," North Carolina Society of Healthcare Attorneys, Chapel Hill, North Carolina, October 22, 2004
  • "Surveys: How to Respond," North Carolina Health Care Facilities Association, Raleigh, North Carolina, June 18, 2003
  • "Risk Management Considerations in a Time of Medical Malpractice Crisis," American Health Lawyers Association Program, Long Term Care and The Law, Phoenix, Arizona, February 20, 2003
  • HIPAA Privacy Rule Training for North Carolina Long Term Care Facilities, North Carolina Health Care Facilities Association, multiple sessions, 2003
  • "HIPAA Legal Issues and Compliance," NC Hospital Association Hospital Counsel Program, Cary, NC, April 18, 2002
  • "Practical Legal Considerations of HIPAA Compliance," Virginia Chapter, Health Care Financial Management Association, Roanoke, Virginia, November 26, 2001
  • "Survival of the Fittest: Steps Safeguarding You and Your Facility – A Practical Guide to Corporate Compliance," North Carolina Health Care Facilities Association Annual Meeting, Winston-Salem, North Carolina, February 7, 2000
  • "Using Plaintiff's Expert As Our Expert, Deposing Experts," American Health Care Association Legal Defense Conference, Chicago, Illinois, October 22, 1999
  • "Plans of Correction under the Survey, Certification and Enforcement Rule" American Health Care Association Annual Meeting, Atlanta, November 6, 1996


* Past success does not indicate the likelihood of success in any future legal representation.