Julie M. Nelson

Julie practices health care law, representing hospitals, skilled nursing facilities, dialysis facilities, ambulatory surgical centers, physician groups, and other health care providers in a wide variety of regulatory, compliance, and enforcement matters. Julie’s primary practice areas include EMTALA (Emergency Medical Treatment and Labor Act), Medicare and Medicaid reimbursement, false claims investigations, compliance investigations, provider licensure and certification, and emergency preparedness.

EDUCATION AND BAR ADMISSIONS

• J.D., University of Texas Law School, 1992, with Honors
• B.A., Wellesley College, 1989, magna cum laude
• Admitted in Arizona, 1995 - present
• Admitted in District of Columbia, 1993-95
• Admitted in Commonwealth of Virginia, 1992-95

REPRESENTATIVE MATTERS

• Representing providers in federal and state health care program overpayment and false claims investigations
• Advising providers regarding the applicability of various federal and state laws, including the Stark anti-kickback statute and beneficiary inducement laws, to practices, including physician relationships, waivers of copayments, prompt pay discounts, health fairs, and patient marketing activities
• Assisting providers with state licensure, federal health care program certification, and Joint Commission compliance matters, including drafting corrective action plans, clarification statements, and representing providers in related enforcement actions and appeals
• Developing corporate compliance programs, conducting compliance program reviews, and assisting providers with compliance investigations and applicable reporting requirements and self-disclosure options
• Advising and representing hospitals in Medicare, Medicaid, and third party payor matters, including Recovery Audit Contractor (RAC), disproportionate share (DSH), graduate medical education (GME), and provider-based reimbursement matters
• Drafting legislation and commenting on regulations impacting providers, such as hospital licensure, hospital overcapacity, organ donation, confidentiality of health care data, health screening services, and state medical records laws and regulations
• Working with hospitals, pre-hospital providers, and state and federal agencies on EMTALA, overcapacity, surge capacity, emergency preparedness, and diversion issues

PROFESSIONAL ACTIVITIES AND RECOGNITIONS

• Listed in Best Lawyers in America for health care
• Member, EMTALA Technical Advisory Group (TAG), established by the Secretary of the Department of Health and Human Services to advise the government on EMTALA-related issues
• Chair, EMTALA TAG Action Subcommittee
• Member, State of Arizona Emergency Room Access Task Force
• Member, Arizona Department of Health Services (ADHS) Steering Committee on Hospital Diversion
• Co-Chair, ADHS Steering Sub-Committee on Overcapacity and Surge Capacity Issues
• Legal advisor, Arizona Hospital and Healthcare Association’s (AzHHA) Compliance Committee
• Legal advisor, AzHHA’s Emergency Department Overcapacity Task Force
• Legal Advisor, AzHHA’s Behavioral Health Committee
• Member, American Health Lawyers Association (AHLA)

PUBLICATIONS

• Author, Hospital EMTALA Manual (2009)
• Co-author, Arizona Hospital and Healthcare Association EMTALA Manual (1998 and 2004)
• Co-author, Arizona Hospital and Healthcare Association Compliance Guide for The Arizona Association of Community Health Centers (1999)
• Co-author, Arizona Hospital and Healthcare Association Compliance Guide (1997)
• Co-author, The New EMTALA Regulations: Implications of A Different Era, American Bar Association, 2003

REPRESENTATIVE SPEECHES

• Compliance (e.g., “Compliance Made Simple,” “Quality of Care Enforcement in the Long-Term Care Setting,” “Investigation and Monitoring Systems For Provider Reimbursement”)
• Emergency Department, Overcapacity and Emergency Preparedness (e.g., “Are You Prepared? EMTALA Compliance in Overcapacity/Disaster Situations”)
• EMTALA (e.g., “Introduction to EMTALA,” “What’s New With EMTALA,” “Living With EMTALA: A Guide for On-Call Physicians,” “The EMTALA Paradox”)
• Fraud and Abuse (e.g., "The New FCA: How to Survive in a More Aggressive False Claims Act Environment")