Jennifer Orr Mitchell is a Partner in the Litigation Department and a Member of the Health Care Practice Group. Jennifer handles litigation in state and federal courts, arbitrations and mediations, and administrative proceedings, and also provides compliance guidance, with an emphasis on health care. Jennifer's area of practice includes: health care fraud and abuse (federal and state anti-kickback, Stark, etc.); False Claims Act (FCA); Civil Monetary Penalties Law (CMPL); MMA (including the Recovery Audit Contractor (RAC) Program); DRA; Medicare and Medicaid (including audits and administrative appeals); ERISA; federal and state privacy and confidentiality (including HIPAA Administrative Simplification, HITECH/ARRA, CAN-SPAM, COPPA, and other such laws); FTC Red Flag Rules; organ and tissue procurement; medical negligence; health care contracting; trade secrets; unfair competition; defamation; and other general business and commercial issues. Jennifer assists her clients with audits and investigations by state and federal authorities and counsels clients on risk management and litigation avoidance. She presents throughout the region on fraud and abuse, HIPAA Administrative Simplification, and other health care topics. She has served as an expert witness in cases involving claims of breach of privacy. She also represents physicians and other licensed medical professionals in administrative/licensure proceedings. Jennifer also serves as a member of the firm's Recruiting Committee.
Memberships & Affiliations
· American Bar Association, Health Law Committee
· Ohio State Bar Association, Health Law Committee
· Kentucky Bar Association
· Defense Research Institute
· American Health Lawyers Association
· Cincinnati Bar Association, Health Care Law Committee
· LifeCenter Organ Donor Network, Board of Directors
· The University of Akron, former Adjunct Professor, Legal Writing
· Ohio State Medical Board / Ohio State Bar Association HIPAA Preemption Project, Contributor
· Fine Arts Fund, Business on Board, Class of 2005
· United Way, Emerging Leaders Society
· YWCA Rising Stars Board Leadership Program, Class of 2008
· Contemporary Dance Theater, Board of Trustees (2005-2008)
· Alpha Gamma Delta (Miami University), Chapter Advisor (2002-2007)
Distinctions
· Potter Stewart American Inn of Court, Barrister
· Forty Under 40 Award sponsored by the Business Courier, 2007
· Named a YWCA Women of Achievement, Rising Star 2007
· Listed in The Best Lawyers in America®, 2012
Experience
Metabolic and Atherosclerosis Research Center v. Whitmer, et al.
Sterling Research Group
Defense of suit alleging misappropriation of trade secrets
Publications
December 1, 2011, Final ACO Rule: Retooled Risk and Reward Model American Bar Association
December 15, 2010, Federal Court in Virginia Declares PPACA's "Minimum Essential Coverage" Provision Unconstitutional
October 1, 2009, H1N1: Helping HR Prepare
July 11, 2002, HIPAA's Medical Privacy Laws - A Healthcare Provider's Nightmare
Presentations
June 4, 2009, "Ready or Not, Here They Come! Defending Government Audits and Enforcement Actions and Avoiding Common Pitfalls," 2009 ALFA Midwest Regional, Health Care and Medical Device Joint Seminar, Minneapolis, MN
May 14, 2009, "Understanding and Avoiding Fraudulent Activity," Financial Executives International, Cincinnati, OH
April 7, 2009, "Ohio's New Anatomical Gifts Law...What You Need to Know -- The Revised Uniform Anatomical Gift Act, " Ohio Hospital Association Health E-News (and website)
February 24, 2009, "Medical Malpractice and Risk Management 101," University of Cincinnati College of Medicine, Business of Medicine Course
February 20, 2009, "Health Care Fraud and Abuse: Aggressive Enforcement and Oversight in 2009," Healthcare Financial Management Association, Cincinnati Chapter
December 12, 2005, "HIPAA Regulatory Update - 2005: A Year in Review," Healthcare Financial Management Association
December 9, 2004, "What to Do When Your Client's Employer Sponsored Health Plan Denies Coverage," Cincinnati Bar Association Annual Health Care Law Seminar
November 6, 2004, "HIPAA for Employers - Minimizing Your HIPAA Headaches," Cincinnati, Ohio
March 15, 2004, "HIPAA for Employers - Minimizing Your HIPAA Headaches," Sterling Seminars
March 9, 2004, "HIPAA for Employers - Minimizing Your HIPAA Headaches," Lorman
December 8, 2003, "HIPAA Privacy and Workers' Compensation - Minimizing Your HIPAA Headaches," Lorman, Cincinnati, Ohio
December 3, 2003, "The HIPAA Privacy Rule, Law Enforcement and Municipal Ambulance Service Providers," Cincinnati Bar Association, Local Government Law Section
November 10, 2003, "HIPAA for Employers - Minimizing Your HIPAA Headaches," USI Midwest
August 20, 2003, "HIPAA Privacy For Employers & Health Plans: What Is All This HIPAA Hype?" Lexington, Kentucky
May 5, 2003, "HIPAA Privacy Rule Basics for Employers & Health Plans: Is Your Company Ready?" Portsmouth, Ohio
April 8, 2003, "Hurry Hurry HIPAA - Two Weeks to Privacy Rule Compliance Deadline," Central Kentucky Association of Health Underwriters
January 1, 2003, "The HIPAA Privacy Rule," International Association of Defense Counsel, Defense Counsel Journal, January 2003
May 10, 2002, "Where are we with HIPAA? Health Care Privacy, Security and Standardization," Greater Cincinnati Health Information Management Association
January 14, 2002, "HIPAA Privacy and Confidentiality - Understanding the Privacy Rule & Practical Implementation Guidance, Lorman
December 2, 2001, "Easing the Pain of HIPAA Compliance," Microsoft Healthcare Executive Briefing, Winter 2001 - Spring 2002
August 15, 2001, "The Health Insurance Portability and Accountability Act (HIPAA)," Corporate Counsel Seminar Materials, August 2001