Emily Black Grey
Partner - Baton Rouge
- T: 225.381.8011
- F: 225.381.8029
Emily advises her clients on healthcare matters such as Stark and anti-kickback laws, EMTALA, HCQIA, state licensing regulations, Conditions of Participation, and other similar requirements. 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 and before their state licensing boards. She also represents providers in collection suits and in recoupment actions initiated by payors.
Emily has held leadership positions with the American Health Lawyers Association, the American Bar Association, the Louisiana State Bar Association’s Health Law Section, the Louisiana Law Institute, and the Baton Rouge Bar Association. She is a frequent speaker and author on healthcare issues for the Louisiana Hospital Association and the American Health Lawyer’s Association.
Paul M. Hebert Law School, Louisiana State University, J.D., 2000 (Law Review)
Louisiana State University, B.A., English, 1997
2000, Louisiana State Courts, Eastern, Middle & Western Districts of Louisiana, Fifth Circuit Court of Appeal
American Bar Association (House of Delegates Member, 2009-2012 Terms)
American Health Lawyers Association, since 2000 (Hospitals and Health Systems Practice Group,Vice Chair of Education 2015-2016; Vice Chair of Strategic Activities 2014-2015; Mentoring Committee, 2012 – 2013; Public Health Systems Affinity Group, Chair 2013-2014, Vice Chair, 2012-2013; Public Sector Task Force, 2012; Hospitals and Health Systems Leadership Development Program, 2011 – 2012; Emergency Preparedness Affinity Group, 2009 – 2011)
Baton Rouge Bar Association (President's Award, 2014; Judge Keogh Award, 2008; Luncheon Program Chair, 2008; Law Day Committee Chair, 2007 and 2010; Bench Bar Committee, Chair 2013, member since 2006; Law Expo Committee Chair, 2006; Young Lawyer's Section Council, 2005; Sidebar Luncheon Chair, 2005)
Louisiana Law Institute Council Member (2009-2012)
Louisiana Law Review
Louisiana Society for Hospital Attorneys, since 2000
Louisiana State Bar Association (Health Law Section Vice Chair since 2010, member since 2000, Crystal Gavel Award, 2005)
Phi Delta Phi International Legal Fraternity
SOLACE, Inc., (member, since 2002)
LSU Law School’s Annual Giving Campaign: Team Leader, 2008-2010.
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, 2008-2010.
St. Jean Vianney School, Open House Committee Chair, 2006-2012.
St. Jean Vianney Catholic Church Parish Planning Committee, 2008-2010.
Honors and Awards
AV® PreeminentTM Peer Review Rated.
Selected by her peers for inclusion in The Best Lawyers in America® 2016, 2017, 2018
Ranked in Chambers USA: America's Leading Lawyers for Business for Louisiana in Healthcare, 2016 and 2017
Baton Rouge Bar Association’s President’s Award: 2014. The BRBA President recognizes individuals for service, dedication and contributions to the Association.
Named a "Rising Star" in the area of Health Care in the 2012, 2013 and 2015 editions 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 represented the thousands of area lawyers and the BRBA generally at the national level.
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 was 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: Since 2010. Recognized as one of the leading achievers from around the globe.
Who’s Who of American Women: Since 2008. Recognized as one of the most noteworthy women in the country.
Who’s Who In American Law: Since 2007. Recognized as one of the nation's top legal professionals.
Named one of Baton Rouge's "Top Forty Under Forty": 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 who 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
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.
- “Real Estate Appraiser Whistleblows Over Hospital’s Parking Arrangement With Physicians” Louisiana Hospital Association's Impact Law Brief, August 2017
- “Psychiatric Medical Emergency Policies and the Largest EMTALA Penalty Ever” Louisiana Hospital Association's Impact Law Brief, July 2017
- “Don't Drop This Ball: Conducting Required Reviews Can Save Your Facility From Embarrassment - And Worse!” Louisiana Ambulatory Surgery Center Newsletter, July 2017
- “Conducting Required Reviews Can Save Your Facility from Embarrassment – and Worse!” Louisiana Hospital Association's Impact Law Brief, June 2017
- “OIG Finalizes New Anti-Kickback Statute Safe Harbors and CMP Authorities” Louisiana Hospital Association's Impact Law Brief, January 2017
- “Representing Hospitals and Health Systems Handbook” American Health Lawyers Association, (1st. ed. 2016), Coordinating Editor, July 2016
- “AHLA Best Practice Guide for Practice Group Leaders” American Health Lawyers Association, contributing author, May 2015
- “Washington State Court Holds Psychiatric Boarding Unlawful, and State Scrambles to Comply with New Mandate” Louisiana Hospital Association's Impact Lawbrief, August 2014
- “Update on APRN Supervision Rules for Hospitals with Physician Practices” Louisiana Hospital Association's Impact Lawbrief, August 2014
- “CMS Releases Proposed Emergency Preparedness CoP Regulations” Hospitals & Health Systems Rx, American Health Lawyers Association, May 2014
- “CMS Releases Proposed Emergency Preparedness CoP Regulations” Louisiana Hospital Association's Impact Lawbrief, April 2014
- “BSW Health Law Blog” August 2013
- “Louisiana Supreme Court Affirms Constitutionality of the Medical Malpractice Cap on Damages for the First time in Nearly 20 Years” Louisiana Hospital Association's Impact Lawbrief, July 2012
- “CMS Changes to Conditions of Participation Are Effective July 16, 2012” Louisiana Hospital Association's Impact Lawbrief, June 2012
- “The $5 Million Question – Are You Complying with Section 6032 of the DRA?” Louisiana Hospital Association's Impact Lawbrief, May 2012
- “Get Your 855s Ready – New Forms Are Up Just In Time for the CMS Revalidation Project” March 2012
- “CMS Seeks Comment on How EMTALA Should Apply to Inpatients and Hospitals with Specialized Capabilities” January 2011
- “CMS’ Stark Self-Disclosure Protocols: The Who, What, When, Where, Why and How of the New Process” September 2010
- “GINA: Protecting Genetic Information” February 2010
- “Recent First Circuit Ruling Could Mean Tax Refunds for Healthcare Providers” January 2010
- “When Should Hospitals Report Crime?” June 2009
- “6th Circuit Decision Broadens Scope of EMTALA and Liability for Hospitals” May 2009
- “OIG Releases 2009 Work Plan” October 2008
- “Landmark Peer Review Ruling – Fifth Circuit Reverses Poliner” September 2008
- “LDEQ Initiates Unannounced Compliance Inspections” May 2008
- The New Two-Midnight Rule – Scrutiny Delayed for 90 Days. Louisiana Hospital Association's Impact Lawbrief, September 2013.
- Get Your 855s Ready – New Forms Are Up Just In Time For The CMS Revalidation Project
- Get Your 855s Ready – New Forms Are Up Just In Time For The CMS Revalidation Project. Louisiana Nursing Home Association’s Lagniappe, March 2012 (providing practical tips on completing CMS Provider Enrollment forms).
- CMS Seeks Comment on How EMTALA Should Apply to Inpatients and Hospitals with Specialized Capabilities. Louisiana Hospital Association's Impact Lawbrief, January 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 2010.
- Tax Refund Opportunity For Nursing Homes. Louisiana Nursing Home Association’s Lagniappe, May 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.
- Hospitals Should Take Advantage of Tax Refund Opportunities, Louisiana Hospital Association’s Impact Lawbrief, April 2010 (discussing state sales and use tax refunds available for certain health care items).
- 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 2009.
- When Should Hospitals Report Crimes? Louisiana Hospital Association's Impact Lawbrief, April 2009.
- HCQIA Immunity Strengthened -- Fifth Circuit Reverses Poliner. Louisiana Hospital Association's Impact Lawbrief, August 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 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).
- Romero v. Willis Knighton Medical Center, Louisiana Hospital Association's Impact Law Brief, June 2004.
- CMS Releases Survey, Louisiana Hospital Association's Impact Law Brief, November 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 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 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 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 2011 (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 <em>Turner v. Southwest Louisiana Hosp. Ass'n,</em> 2003-0237 La. App. 3 Cir. 10/1/03); 856 So.2d 1237, 1243.
- September 9, 2017 - Practical Pointers for Hospitals Handling the Opoid Crisis, AMERICAN HEALTH LAWYERS ASSOCIATION, Moderator
- June 26-27, 2017 - Potholes Along the Golden Gate Bridge: Legal Ethics in Inside Counsel/Outside Counsel Interactions American Health Lawyers Association Annual Meeting In San Francisco, CA.
- March 23, 2017 - Behavioral Health Lightening Round - Six Stories of What Not To Do Under EMTALA, Louisiana Association of Behavioral Health, Spring Education Conference.
- January 20, 2017 - Everything You Wanted to Know About State Licensing but Were Afraid to Ask, Presented at the Louisiana Ambulatory Surgery Center Association Annual Meeting.
- January 19, 2017 - EMTALA Update, Presented at the Louisiana Hospital Association's annual Behavioral Health Update.
- June 28, 2016 - A Strategic Framework for Hospital Partnership and Affiliation Models, AMERICAN HEALTH LAWYERS ASSOCIATION ANNUAL MEETING in Denver. Moderator of Luncheon Program.
- June 6, 2016 – An Interactive Case Study: How to Respond to Complaints of Unnecessary Medical Procedures in the Hospital, Part I, AMERICAN HEALTH LAWYERS ASSOCIATION. Moderator.
- March 3, 2016 – The Consolidation Continuum: Alternative Provider Alignment Structures Part II: Hospital Partnership and Affiliation Models--A Strategic Framework, AMERICAN HEALTH LAWYERS ASSOCIATION. Moderator.
- October 1, 2014 - EMTALA & Psychiatric Issues, Presented for LSU-OLOL Psychiatry Residency Program.
- August 20, 2014 - Mental Health and EMTALA, Presented at the Louisiana Hospital Association’s annual Mental Health Law Update conference.
- February 12, 2014 - Public/Private Partnerships Educational Series: Part I: Alternative Sources of State Medicaid Match – CPEs, IGTs and other Obscure Acronyms, American Health Lawyers Association
- January 13, 2014 – Public Health Systems Affinity Group Educational Call: “HIPAA/ HITECH Update: Practical Effects and Enforcement Trends.” , AMERICAN HEALTH LAWYERS ASSOCIATION.
- October 15, 2013 – Introduction to Compliance. Guest Lecturer for Paul M. Hebert (LSU) Law Center’s Health Law Survey Course.
- July 24, 2013 – ACOs, “The Basics?” Presented at the Annual Meeting of the LOUISIANA / MISSISSIPPI HOSPICE AND PALLIATIVE CARE ASSOCIATION in New Orleans, LA.
- June 22, 2013 – Health Reform Update (PPACA Insurance Mandate). Presented at the Annual Meeting of the LOUISIANA ASSOCIATION OF GENERAL CONTRACTORS in SanDestin, FL.
- May 9, 2013 - Mental Health and EMTALA. Presented at the Louisiana Hospital Association’s annual Mental Health Law Update conference.
- February 11-12, 2013 - The MSO's Prognosis After ACA: A Viable Integration Tool? American Health Lawyers Association Physicians and Physician Organizations Law Institute in Phoenix, AZ. Presented with Greg Anderson of Horne, LLP.
- January 24, 2013 - Physician Alignment Issues. Presented at the Louisiana Hospital Association's Business Health Law Program.
- September 6, 2012 - Evaluation and Valuation: Key Considerations When Analyzing a Public Health System Transaction. American Health Lawyers Association. Moderated webinar presentation with Casey Nolan and Jerry Chang of Navigant Consulting.
- March 26, 2012 – Louisiana Governmental Ethics Issues: A Top Ten List for Hospital Service District Board Members. Presented for Lane Regional Medical Center’s Board of Commissioners.
- March 19, 2012 – EMTALA Basics. Presented for the Woman’s Hospital Medical Staff.
- March 13, 2012 – What Healthcare Lawyers Really Do. Presented for the River City Legal Professionals
- March 1, 2012 - Mental Health Issues in EMTALA: Recent Developments. Presented at the Louisiana Hospital Association’s annual Mental Health Law Update conference.
- 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.
- 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.
- 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.
- 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.