Kelly A. McCarthy

Biography:

Kelly McCarthy is the coordinator of the firm's Health Law Practice Group and a member of its Business & Finance Department.

Her practice includes the representation of a wide range of health care clients, including health systems, academic medical centers, hospitals, community health centers, physician practice groups, insurers, behavioral health organizations, and individual practitioners in an array of corporate, regulatory, medical staff, governance, compliance, contract, patient care, transactional, and business matters.

Kelly also focuses on tax-exempt organization issues. She has served since 2000 on the Massachusetts Attorney General's Advisory Committee on Public Charities.

She participates and has participated in several volunteer, professional and community organizations, including the Massachusetts Justice Project and the Women's Bar Association of Massachusetts. She has served on the Health Law Council of the Massachusetts Bar Association and as an adjunct professor of health law in the graduate degree health care management and health studies programs at Springfield College.

Kelly has been selected for inclusion in the annual Massachusetts Super Lawyers list published in New England Super Lawyers magazine in the area of health care law in 2004-2005 and 2008 to present.

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Related Professional Experience:

Kelly served as a law clerk to the Honorable A. David Mazzone, U.S. District Court, District of Massachusetts. She later served as a legal services staff attorney and developed a pro bono program for the homeless.

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Representative Experience:

Served in 2010 as special counsel to the Massachusetts Attorney General, Non-profit Organizations/Public Charities Division, concerning the Attorney General’s review of the Caritas Christi transaction, an $895 million acquisition of a health system with six non-profit, Catholic-affiliated hospitals, by the for-profit Steward Health Care System LLC, an affiliate of Cerberus Capital Management, L.P.

Represents academic medical centers and hospitals in structuring business arrangements with physician practice groups and other entities, including joint ventures, contracts, and exclusive agreements for the provision of hospital-based physician services, such as radiology and anesthesiology.

Represented non-profit health system and its affiliates with internal merger, consolidation, and significant governance restructuring.

Regularly advises non-profit health care provider institutions and other tax-exempt organizations concerning governance and related compliance issues, including related party transactions, conflicts of interest, Form 990 and Form PC disclosures, fiduciary duties of board and committee members, bylaws, policies, and audit and compliance committees, as well as structuring and implementing executive compensation practices.

Regularly advises hospitals, medical staffs, and medical staff bylaws committees concerning medical staff bylaws, associate professional staff rules and regulations, and accreditation issues. Experienced in fair hearing and appellate review proceedings under medical staff bylaws.

Regularly advises health care providers concerning regulatory compliance matters, including corporate compliance programs and compliance with fraud and abuse laws (e.g., antikickback statute and Stark law). Experienced in dealing with Massachusetts Board of Registration in Medicine and Massachusetts Department of Public Health concerning regulatory compliance matters, including regulatory provider reporting obligations.

Regularly advises health care institutions and individuals concerning the confidentiality of patient information, medical records, HIPAA privacy and security regulations, the Massachusetts data security law, and disclosures of protected health information to third parties.

Regularly represents non-profit clients concerning charitable gifts, endowment funds, restricted gifts, the application of cy pres, equitable deviation, and related probate court proceedings (e.g., closure of hospital-based nursing school program, closure of hospital long-term care unit, closure of aging, outdated hospital building and transfer of inpatient services to new facility, and change of community hospital name).