Sonya Penley focuses her practice on the representation of clients in the health care sector with respect to corporate, regulatory, administrative and governmental issues. Her diverse clients include long-term care and assisted living facilities, hospitals, ambulatory surgery centers (ASCs) and Medicare Part B suppliers. Sonya has particular experience with health facility acquisitions and other changes in ownership, including related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management and operating agreements, assisted living licensure matters, health care joint ventures and certificate of need issues. She also represents buyers and sellers in health care facility acquisitions and sales.
Areas of Concentration
· Health law
· Administrative and legislative law
Professional & Community Involvement
· Board Member, Seminole Torchbearers, 2007-Present
· Chair, Seminole Torchbearers, 2009-2011
· Volunteer, Breast Cancer 3-Day, Komen for the Cure, Atlanta, 2007
· Volunteer, The Shelter, Tallahassee, 2004-2007
· Member, American Bar Association, Health Law Section
· Member, American Health Lawyers Association (AHLA)
· Member, The Florida Bar, Health Law Section
· Member, Florida Health Care Association
· Member, Tallahassee Women Lawyers Association
Awards & Recognition
· Listed, Florida Trend magazine "Legal Elite," 2007
· Represented large chain organization of skilled nursing facilities in change of ownership (CHOW), including Medicare and Medicaid enrollment, CMS 855A registration, licensure and certification survey issues, CMS regional office approvals and Medicare tie-in notices, Medicare intermediary matters, State Medicaid enrollment and certification, licensure issues, due diligence and risk assessment.
· Represented numerous hospitals in start-up and change of ownership (CHOW), including certificate of need (CON) requirements, CON applications, and CON appeals, approvals, timing for accreditation through JCAHO, assistance with AHCA construction plan review and permit process and initial certification surveys.
· Participated in home health, health care clinic and pharmacy buy-outs and restructuring transactions, including compliance with state and federal anti-kickback laws and requirements, disclosure requirements and related regulatory impact of reorganization.
· Handled certificate of need (CON) applications for new, replacement and relocation of hospital acute care beds, LTACs and nursing home beds.
· Represented long-term care and nursing home clients with respect to Medicare certification for skilled nursing facilities (SNFs), SNF operational and compliance issues, including assistance with development of SNF compliance programs and materials consistent with applicable OIG guidance and anti-kickback/fraud regulations.
· Negotiated and drafted nursing home/SNF management contracts and operational agreements, including management agreements, representation of REITs regarding nursing home/SNF properties and management issues, including regulatory matters related to foreclosure and termination of leases for nursing home/SNF operators/lessees.
· Negotiated and drafted imaging contracts and joint ventures for MRI, CT and PET scanning units; management contracts and operating agreements for management or operation of imaging centers and services; IDTF enrollment and requirements, initial certification of IDTFs and CMS 855B applications for IDTF billing.
· Counseled on the acquisition and initial licensure of home health agencies, homemaker companion agencies, health care service pools.
· Handled licensure and certification issues related to nursing home facilities in Chapter 11 bankruptcy proceedings, coordination of nursing home facility closures and transition to closing, disposition of nursing home beds from nursing homes/SNFs subject to closure action, including de-licensure and de-certification from participation in Medicare and Medicaid and related Medicaid overpayment issues.
· Handled Medicare provider-based determinations and issues and related licensure and compliance issues under State and federal law for hospital outpatient departments and services, including rehabilitation agencies, oncology departments, surgical services and outpatient freestanding surgical centers.
· Legislative Assistant, Florida State Senator Kenneth C. Jenne
· Intern, Florida House of Representatives, Health Care Committee
· Law Clerk, Agency for Health Care Administration
Publications & Presentations
Articles, Lectures & Publications
· Author, "CMS Mandates Accreditation for Imaging Providers Language," GT Alert, March, 2010