Parker Hudson Attorneys Recognized by The Best Lawyers in America 2024 Edition
Aug 17, 2023
elizabeth m. kitchens
Partner
Atlanta
Overview
Beth Kitchens brings leadership and focus to her work as a Healthcare lawyer. Her practice is centered on guiding her clients through the regulatory landscape and advising them on compliance and litigation matters. Beth’s proactive communication style and industry focus ensures her clients always feel their questions are being answered correctly and efficiently.
Working with hospitals, healthcare systems, physicians and other individuals in the healthcare industry, Beth navigates through Georgia’s certificate of need program, state licensure issues, Medicare and Medicaid reimbursement matters, and various disputes that arise in the healthcare field. Beth also regularly counsels clients on the establishment and oversight of internal compliance programs, HIPAA and HiTech issues, and data privacy/cybersecurity matters. Beth is Certified in Healthcare Privacy Compliance.
Beth is in her element when she is helping her clients grow and thrive. Her health industry focus and unstinting diligence ensures that Beth can run down any issue her clients may face. Focused on her clients and their success, Beth can steer healthcare businesses through regulatory requirements so that they can concentrate on caring for the communities they serve.
Experience
- Represented executive of large physician practice management company in False Claims Act investigation alleging violations of the Anti-Kickback statute. Negotiated resolution that afforded the client a complete release of any liability under the False Claims Act and convinced the HHS-OIG that executive should not be excluded from the Medicare program.
- Successful resolution of qui tam action against hospital alleging violation of False Claims Act relating to emergency medical services.
- Represented WellStar Health System's flagship hospital (WellStar Kennestone Medical Center) in obtaining regulatory approval for the development of a hospital-based outpatient surgery center. That regulatory approval was challenged and appealed by HCA Cartersville Medical Center and HCA Marietta Surgery Center. We obtained a decision from the Court of Appeals upholding the regulatory approval and establishing new law regarding Georgia administrative agency appellate procedures.
- Acted as lead counsel defending Columbus Regional health flagship hospital, Midtown Medical Center, in connection with an investigation regarding its regulatory authority to operate a five mega voltage radiation therapy unit service. Successfully concluded with an agency decision finding that all regulatory requirements are satisfied.
- Developed and executed a regulatory system strategy for St. Joseph's/Candler related to development of micro hospital campus in western Chatham County.
- Represented Veritas Collaborative, LLC obtain regulatory approval for the first dedicated pediatric eating disorders 50-bed inpatient hospital in Georgia. We obtained approval despite the fact that four existing inpatient psychiatric systems initially opposed the program and that no new psychiatric hospital had been approved in Fulton County, Georgia in many years.
- Represented Navicent flagship hospital in connection with a regulatory appeal instituted by a competing hospital regarding Navicent's authority to operate a hospital outpatient imaging center. Successfully obtained a ruling from the Georgia Court of Appeals overturning a decision of the Monroe County Superior Court and affirming Navicent's regulatory authority to operate the center.
- Obtained CON approval for the development of new a hospital emergency department for Columbus Regional Health Northside Hospital. Representation included obtaining a final agency decision after an administrative trial and subsequent appeal to agency commissioner by competing health care system. We were also able to obtain a ruling that the client hospital be considered a general, not specialty hospital. That ruling enabled hospital to expand their range of services in the future.
- Advised a regional hospital regarding CMS, licensure, and CON strategies related to proposal to acquire and replace an existing hospital and develop/provide various outpatient services during replacement process. Our attorneys met with governmental officials (including agency head) to explain and advocate for regulatory strategies.
- Successful representation of not-for-profit hospital in opposing request for Letter of Non-reviewability submitted by a physician seeking to establish a franchise location of a national for-profit freestanding imaging center provider, reversing DCH's initial LNR Ruling following an administrative appeal.
- Successfully represented not-for-profit health system in obtaining a Certificate of Need to establish a radiation therapy program at a new hospital over the opposition of various existing providers following an evidentiary hearing and appeal.
- Successfully represented not-for-profit health system in obtaining a Certificate of Need to establish LeveI I and Level II obstetric services at a new hospital located in Hall County.
- Successful representation of not-for-profit hospital in obtaining a Certificate of Need for an ambulatory surgery center over the opposition of a competing healthcare system following an evidentiary hearing.
- Helped Floyd Medical Center obtain designation from the Georgia Department of Behavioral Health as an official emergency receiving evaluation treatment facility.
- Advised Georgia Alliance of Community Hospitals regarding development of legislative strategy for 2019 session of Georgia General Assembly.
Thought Leadership
- Presenter: “Anatomy of a Healthcare Data Breach,” Georgia Academy of Healthcare Attorneys Annual Meeting & Health Law Update, May 2019.
- Presenter: “Georgia CON Act Update,” Georgia Alliance of Community Hospitals Legislative Task Force Annual Meeting, April 2019.
- Moderator: "Anatomy of a Healthcare Data Breach," Advanced Health Law Seminar, Health Law Section of the State Bar of Georgia, October 2018.
- "Georgia Legislature Establishes Micro-hospital Concept," Health Law Developments, The Newsletter of the Health Law Section of the State Bar of Georgia, Summer 2018.
- "The Current State of Caveat Emptor in Alabama Real Estate Sales," 60 ALA. L. REV. 499, 2009.
Areas of focus
- Healthcare
- Healthcare Litigation
- Healthcare Regulatory, Reimbursement & Compliance
- Privacy & Data Security
Education
- Alabama School of Law (J.D., summa cum laude, 2009) Order of the Coif; Alabama Editor, Alabama Law Review; Dean M. Leigh Harrison Academic Achievement Award; Hugo Black Scholar; Full tuition academic scholarship; Best Papers: Advanced Constitutional Law; Conflicts of Law; Sales Law; Problems in Civil Discovery; Decedents' Estates; Legal Research and Writing I
- Mississippi State University (B.B.A., summa cum laude, 2006)
Accolades
- Recognized by The Best Lawyers in America® in Health Care Law (2022-2024), Litigation - Health Care (2022-2024), and Qui Tam Law (2022-2024)
- Earned Certification in Healthcare Privacy Compliance (CHPC), a professional certification of the Compliance Certification Board (CCB)® (2019)
- Recognized as a Georgia "Super Lawyer - Rising Star" by Super Lawyers magazine (2018-2023)
Professional affiliations
- American Health Lawyers Association, Member
- Leadership Advancement Program Class 2014, AHLA Healthcare Litigation and Liability Practice Group
- Healthcare Compliance Association, Member
- Georgia Academy of Healthcare Attorneys, Member
- Health Law Section, State Bar of Georgia, Member
- Atlanta Life Sciences & Healthcare Group, Steering Committee Member
- CHPC certification – Compliance Certification Board®
Admitted to practice
- Georgia
- United States District Courts for the Northern and Middle Districts of Georgia
- District of Columbia
Clerkship
- The Honorable Beverly B. Martin and Chief Judge Edward E. Carnes, U.S. Court of Appeals, 11th Circuit