Emily Black Grey Partner—Baton Rouge Phone: 225.381.8011 Fax: 225.381.8029 emily.grey@bswllp.com

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Emily Black Grey is a Partner in the Baton Rouge office and is BSW's Healthcare Section Manager.

Emily has knowledge of the complex healthcare laws and experience with the regulators who enforce them. Emily steers healthcare clients through the maze of operational, regulatory, and compliance issues that face them today. She has significant experience representing providers in healthcare litigation as well. Emily works to answer day-to-day operational questions and to accomplish long-term projects with healthcare providers ranging from Fortune 500 companies to individual healthcare professionals.

Emily guides her clients in developing policies for compliance with healthcare regulations such as EMTALA, HCQIA, state licensing regulations, Stark and anti kickback laws. She assists providers who are seeking a new license, revising an existing license or buying or selling a facility. Additionally, she represents providers under scrutiny from licensing and certification agencies. She handles credentialing and peer review matters and represents providers before their state licensing boards. She also represents providers in collection suits and in recoupment actions initiated by payors.

Emily has an AV® Peer Review Rating in Martindale-Hubbell.

Education

Paul M. Hebert Law School, Louisiana State University, J.D., 2000 (Law Review)

Louisiana State University, B.A., English, 1997

Admissions

2010, Texas

2000, Louisiana State Courts, Eastern, Middle & Western Districts of Louisiana, Fifth Circuit Court of Appeal

Awards and Honors

Named a "Rising Star" in the area of Health Care in the 2012 edition of Louisiana Super Lawyers

Elected a Fellow of the American Bar Foundation In April, 2011. The Fellows support the research of the ABF through their annual contributions and sponsor programming of direct relevance to leaders of the legal profession.

Selected for the American Health Lawyers Association, Hospitals and Health Systems Practice Group's Leadership Development Program for the 2011-12 AHLA Program Year.

Named to American Bar Association House of Delegates: 2009-2012. Emily was named to the American Bar Association House of Delegates on behalf of the Baton Rouge Bar Association. In that position, she represents the thousands of area lawyers and the BRBA generally at the national level. The House of Delegates is responsible for the control, administration, and policy-making of the ABA.

Female Mentor of the Year. 2009. Awarded by Postlethwaite and Netterville in recognition of Emily’s dedication to mentoring young women and helping them succeed in their careers and personal lives.

Named to the Louisiana Law Institute Council: 2009-2012. Emily is a member of the official advisory law revision commission, law reform agency and legal research agency of the state of Louisiana.

Judge Joseph Keogh Memorial Award for Outstanding Service in the Community: 2008. The Baton Rouge Bar Association recognizes one member of Young Lawyers Section with this annual award for exhibiting outstanding leadership throughout the Baton Rouge Bar Association and the Baton Rouge community.

Marquis Who’s Who

Who's Who in the World. 2010. Recognized as one of the leading achievers from around the globe.
Who’s Who of American Women: 2008-2009. Recognized as one of the most noteworthy women in the country.
Who’s Who In American Law: 2007-2010 Recognized as one of the nation's top legal professionals.

Named one of Baton Rouge's "Top 40 Under 40": 2006. The Baton Rouge Business Report's annual award recognizes the 40 top business and community leaders in Baton Rouge under the age of 40.

Paul H. Chapman Award: 2006. The National Foundation for Improvement of Justice honors the work of individuals and organizations work to improve justice with a $10,000 award. In September 2006, Emily accepted the award on behalf of Community Partners for Forensic Science, Inc. at a ceremony in Atlanta, Georgia.

Crystal Gavel Award: 2005. Louisiana State Bar Association’s award recognizes outstanding lawyers and judges who have been unsung heroes and heroines in their communities, and specifically individuals who have performed services out of a sense of duty, responsibility, and professionalism and made a difference in their local communities, in local organizations, or even in the life of one person.

Young Woman of Achievement Nominee: 2005. The Baton Rouge YWCA’s Women of Achievement Program recognizes and honors local women in professional, artistic and service categories. The Young Woman of Achievement Category recognizes an outstanding woman under the age of 35.

AV® Peer Review Rating in Martindale-Hubbell.

Professional Associations

American Bar Association (House of Delegates Member, 2009-2012 Terms)

American Health Lawyers Association, since 2000

Baton Rouge Bar Association (Judge Keogh Award, 2008; Luncheon Program Chair, 2008; Law Day Committee Chair, 2007 and 2010; Bench Bar Committee, since 2006; Law Expo Committee Chair, 2006; Young Lawyer's Section Council, 2005; Sidebar Luncheon Chair, 2005)

Louisiana Law Institute Council Member

Louisiana Law Review

Louisiana Society for Hospital Attorneys, since 2000

Louisiana State Bar Association (Crystal Gavel Award, 2005; Health Law Section member since 2000)

Phi Delta Phi International Legal Fraternity

SOLACE, Inc., member, since 2002

Publications

CMS Seeks Comment on How EMTALA Should Apply to Inpatients and Hospitals with Specialized Capabilities.  Louisiana Hospital Association's Impact Lawbrief, January 28, 2011.

CMS' Stark Self-Disclosure Protocols: The Who, What When, Where Why and How of the New Process.  Louisiana Hospital Association's Impact Lawbrief, September 30, 2010.

Tax Refund Opportunity For Nursing Homes. Louisiana Nursing Home Association’s Lagniappe, May 27, 2010 (discussing state sales and use tax refunds available for certain health care items).

Emergency Preparedness Toolkit, American Health Lawyers Association, May 4, 2010; contributing author. Available at www.healthlawyers.org/EmergencyPreparednessToolkit.

Hospitals Should Take Advantage of Tax Refund Opportunities. Louisiana Hospital Association’s Impact Lawbrief, April 30, 2010 (discussing state sales and use tax refunds available for certain health care items).

ABA House Of Delegates Report: Dues Changes, School Debt, Immigration Reform and More, Baton Rouge Bar Association’s Around the Bar, May 2010.

Recent First Circuit Ruling Could Mean Tax Refunds for Healthcare Providers, Louisiana Hospital Association's Impact Lawbrief, January 29, 2010 (discussing the appellate court's finding many items exempt from state sales and use taxes).

ABA House of Delegates - 2009 Annual Meeting Report. Baton Rouge Bar Association's Around the Bar, October, 2009.

6th Circuit Decision Broadens Scope of EMTALA and Liability for Hospitals, Louisiana Hospital Association's Impact Lawbrief, May 29, 2009.

When Should Hospitals Report Crimes? Louisiana Hospital Association's Impact Lawbrief, April 30, 2009.

HCQIA Immunity Strengthened -- Fifth Circuit Reverses Poliner. Louisiana Hospital Association's Impact Lawbrief, August 28, 2008 (discussing the appellate court’s reversal of multi-million dollar award to a physician based on the Health Care Quality Improvement Act).

Do Hospitals Have To Treat Psychiatric Emergencies? EMTALA and Mental Health, Healthcare Journal of Baton Rouge, July/August 2008, at 28-29.

Hospitals Don’t Have to Report Internal Incidents of Neglect or Abuse -- OR DO THEY? Louisiana Hospital Association's Impact Lawbrief, March 28, 2008 (explaining the requirements of La. R.S. 40:2009.20).

A Peer Review Primer, HealthCare Journal of Baton Rouge, July/August 2007.

About Healthcare, About Management, April 2005 (discussion of Driscoll v. Stucker, a case about physician peer review requirements under the Health Care Quality Improvement Act).

CMS Releases Survey, Louisiana Hospital Association's Impact Law Brief, November 30, 2004.

Romero v. Willis Knighton Medical Center, Louisiana Hospital Association's Impact Law Brief, June 30, 2004.

About Healthcare, About Management, October 2003 (discussion of DHH's recent release of EMTALA final regulations).

About Healthcare, About Management, June 2003 (discussion of on Harry v. Marchant, a case on the duty under EMTALA to provide stabilization treatment).

About Healthcare, About Management, May 2003 (discussion of recent ruling in Dibble v. Penn State Geisinger Clinic, Inc. on HMO trade secrets).

HHS Calls for Federal Regulation of Medical Malpractice Litigation System, Louisiana Hospital Association's Impact Lawbrief, August 30, 2002 (summarizing DHH report on national malpractice crisis and proposed legislation).

Court Finds No EMTALA Duty to Stabilize a Patient Who is not Transferred, Louisiana Hospital Association's Impact Lawbrief, July 26, 2002 (summarizing Eleventh Circuit EMTALA ruling in Harry v. Marchant arising from an alleged failure to stabilize).

Supreme Court Rules on Patient Dumping, Louisiana Hospital Association's Impact Lawbrief, March 29, 2002 (summarizing a recent Louisiana Supreme Court ruling relating to the malpractice damages cap and EMTALA).

About Healthcare, About Management, November 2001 (discussion of recent case on physician duty to fetus).

About Healthcare, About Management, July 2001 (summary of recent developments in Complementary and Alternative Medicine Law and expected actions by Louisiana State Board of Medical Examiners).

"The Medical Malpractice Damages Cap: What is Included?" 60 La.L.Rev. 547 (Winter 2000). A detailed analysis of La. R.S. 40:1299.42(B) and its application to claims for loss of consortium, vicarious liability, and exclusively economic injuries. Cited with approval in Turner v. Southwest Louisiana Hosp. Ass'n, 2003-0237 La. App. 3 Cir. 10/1/03); 856 So.2d 1237, 1243.

Presentations

October 7, 2011 - EMTALA And Enforcement Actions. Presented at the Louisiana State Bar Association’s Health Care Reform Conference.

May 17, 2011 - Accountable Care Organizations (ACO's): The "Basics"?  Presented at the Louisiana Organization of Nurse Executives Spring Education conference.

March 15, 2011– Mental Health Issues in EMTALA. Presented at the Louisiana Hospital Association's Mental Health Law Update Conference.

November 9, 2010– Legal & Regulatory Issues in EHR and HIE.  Presented at the 2010 Louisiana HIPAA Conference.

September 30, 2010 –Is Your Hospital Prepared for the Next Emergency?  A webinar presented by the American Health Lawyers Association providing an overview of emergency preparedness law and addressing regulatory and operational real-life emergency scenarios hospitals may face.  Presented Operational Issues session.

June 2, 2010 –Louisiana Healthcare Reform Conference. A one-day conference on the Patient Protection and Affordable Care Act and other recent healthcare reforms. Presented sessions: (1) The Skinny on Healthcare Reform: An Overview, (2) Physician-Owned Hospital Summary, (3) Physician Owned Hospitals Breakout Session.

May 6, 2010 –The Skinny on Healthcare Reform: What Lawyers Need to Know. Presented Continuing Legal Education Program for the Baton Rouge Bar Association.

March 27, 2010 –Sitting with the Cool Kids - Moderated seminar at the Baton Rouge Bar Association's Bench Bar Conference where local judges and lawyers met in small groups to discuss professional issues and courtroom decorum.

January 20, 2010 –Compliance Program Basics: Setting up The Process - Introduction to Compliance Practice. A seminar sponsored by the Louisiana Hospital Association for Hospital CEOs, Vice President of Patient Care Services, Compliance Officers, Directors of Nursing, Risk Managers, Medical Auditors, and Hospital Attorneys, presented section on Introduction to Compliance Practice and led table discussion of common operational issues.

September 29, 2009 –Compliance Training. Presented in-house training to all West Jefferson Medical Center personnel.

June 18, 2009 –Compliance Seminar on Physician Related Issues: Gifts and Professional Courtesy to Physicians. A seminar sponsored by the Louisiana Hospital Association for hospital CEOs, Vice President of Patient Care Services, Compliance Officers, Directors of Nursing, Risk Managers, Medical Auditors, and Hospital Attorneys, presented section on Gifts and Professional Courtesy to Physicians

April 7, 2009 – Advanced Directives and DNR Designations. Presented Continuing Medical Education Program at Byrd Regional Hospital Medical Staff Meeting.

April 7, 2009 – The Captain of the Ship and Your Scope of Practice. Presented educational Program to Byrd Regional Hospital Operating Room Staff.

March 26, 2009 – Mental Health Law Update. Acted as moderator of seminar sponsored by the Louisiana Hospital Association primarily for hospital administrators, program directors and presented the section on EMTALA and Mental Health Law Issues on panel with Louisiana Office of Mental Health Deputy Secretary.

January 13, 2009 – Compliance Program Basics: Introduction to Compliance. A seminar sponsored by the Louisiana Hospital Association for hospital CEOs, Vice President of Patient Care Services, Compliance Officers, Directors of Nursing, Risk Managers, Medical Auditors, and Hospital Attorneys, presented section on Introduction to Compliance Practice.

November 4, 2008 – Advanced Directives and DNR Designations. Presented Continuing Medical Education Program at the Ochsner St. Anne General Hospital Medical Staff.

May 8, 2008 – Health Law Update: Fraud and Abuse. A seminar sponsored by the Louisiana Hospital Association for its members.

March 27-29, 2008 – A Jukebox of Jurisprudence and Musical Chairs with the Judges. Presented at the Baton Rouge Bar Association's Bench Bar Conference: (1) Moderator of a panel of city, civil, criminal, family court and federal judges who provided a review of recent cases and legislation and (2) organizing a seminar where over 150 lawyers met in small groups with more than 30 local judges to discuss professional issues and courtroom decorum.

April 13, 2007 - Speed Dating with Judges - Seminar with over 100 lawyers and 30 local judges to discuss professional issues and courtroom decorum.

April 12, 2006 and April 19, 2007 - Louisiana Medical Malpractice Act: Patient's Compensation Fund, Medical Review Panel and Expedited Procedures. Seminar presented to AIG adjusters.

June 29, 2006 and June 21, 2007 - Tackling Advanced Medical Practice Issues in Louisiana - A National Business Institute Seminar to Baton Rouge medical malpractice lawyers.

May 9, 2005 - EMTALA and On-Call Duties - Presented Continuing Medical Education Program at the Quarterly Meeting of the Slidell Memorial Hospital Medical Staff.

March 8, 2005 - Practical Law. Presented to the Junior League of Baton Rouge.

May 15, 2003 - Litigation & HIPAA. Presented at "Collection Law for the Health Care Industry in Louisiana" sponsored by Lorman Education Services.

November 7, 2002 - Assignment of Benefits. Presented at The 13th Annual Health Law Symposium of the Louisiana Society of Hospital Attorneys.

December 4, 2001 - The Basics of EMTALA: The Emergency Medical Treatment and Active Labor Act. Presented to Riverwest Hospital Medical Staff.

September 2001 - Legislative Enactments of Louisiana's 2001 General Session Impacting Providers. Presented to Physical Therapy Providers Network.

August 9, 2001 - Healthcare Provider Update on Louisiana's 2001 Legislative Sessions. Presented to Acadiana Medical Group Manager's Association.

Community Involvement

LSU Law School’s Annual Giving Campaign: Team Leader, since 2008.

Community Partners For Forensic Science, Inc. (Founding member, vice-president since 2003).

Junior League of Baton Rouge, member 2003-2006.

Mary Bird Perkins Cancer Center Annual Giving Campaign, Corporate Division: Volunteer, since 2008.

St. Jean Vianney School, Open House Committee Chair, since 2006.

St. Jean Vianney Catholic Church Parish Planning Committee, 2008.