Kurt E. Bratten

Kurt Bratten is a partner in our Health Law Department. His practice includes a wide range of civil litigation, transactional work, compliance and other advisory services. Kurt’s primary focus is on counseling health care providers regarding various compliance and transactional matters such as state and federal data security and privacy requirements, managed care and other contractual matters, and state and federal regulatory requirements applicable to various provider groups. He frequently assists clients with the assessment of security incidents, HIPAA compliance and response to breaches, and has represented clients before state and federal agencies relating to various cyber security and privacy matters. Kurt represents nursing homes, adult care facilities, clinical laboratories, home care agencies, mental health providers, health care provider associations, physician practices, management companies, individual physicians and other licensed professionals. He also advises a range of institutional clients including those outside of the health care system, about corporate formation, data security, employment, intellectual property and general business matters.

Kurt’s litigation practice is concentrated on representing health care providers and licensed professionals in administrative proceedings, regulatory enforcement matters, Article 78 actions and other civil litigation. Kurt has litigated complex issues in state and federal courts in New York and Massachusetts, including ERISA and fraud claims, intellectual property disputes, and novel issues of law. His business litigation experience includes employment and contractual disputes, corporate break-ups, and more specialized areas such as intellectual property matters, piercing the corporate veil, trade secret protection and the enforcement of restrictive covenants. Of equal importance, Kurt has successfully advised clients about how and when to avoid litigation so they can focus their energy and resources on their business or caring for patients.

Kurt is currently the First Vice-Chair of the Board of Directors of the Empire State Youth Orchestras and President of the Board of Directors of the Northeast String Orchestra. Prior to joining the firm, Kurt practiced with a law firm in Boston, Massachusetts.

Board Memberships:

• The Legal Project

• Empire State Youth Orchestra, First Vice Chair

Presentations:

• HIPAA BasicsNew York State Bar Association, New York, NYMarch 2019

•Responding to a Data Breach in New YorkNew York State Bar Association, New York, NYFebruary 11, 2019

•Cybersecurity and HIPAA: Emerging Issues and Enforcement Trends in New YorkNew York State Health Facilities Association and New York State Center for Assisted LivingWebinar and Audio ConferenceNovember 2018

•Department of Health Inspection and Enforcement ProcessNew York State Health Facilities Association and New York State Center for Assisted Living23rd Annual Fall Education ConferenceNovember 2018

•Cybersecurity and HIPAA Compliance for Boards of DirectorsAssociation for Community Living, 39th Annual ACLAIMH ConferenceNovember 2018

•Current Trends and Emerging LiabilitiesGreyCastle Security, 6th Annual Cybersecurity SymposiumSeptember 2018

•Cybersecurity for Board MembersUpstate New York Chapter of the Turnaround Management AssociationMay 2018

• HIPAA and the HITECH ActNew York State Bar Association2017

• Preparing Acceptable Plans of Correction and the Department's Expectations NYSHFA & NYSCAL, 22nd Annual Fall Education Conference & Trade Show2017

• HIPAA, Covered Entities and Security of Protected Health Information New York State Office of Mental Health, Behavioral Health Information Technology Program Webinar2017

• 5th Annual Cybersecurity SymposiumGreyCastle Security2017

• How to Respond to a Data Breach in New YorkNortheast/Mid-Atlantic Region of the Association for Healthcare, Documentation Integrity Annual Meeting 2017

• How to Effectively Respond to a Data BreachProgressive Surgical Solutions Webinar2017

• How to Protect Your Nursing Home and Increase Compliance Through the Admission Process NYSHFA & NYSCAL Webinar2017

• Data Security and HIPAA ComplianceNew York State Office of Mental Health, Behavioral Health Information Technology Program Webinar2017

• Cybersecurity ComplianceGreyCastle Security, Board of Directors Breakfast2016

• Legal UpdateNew York State Center for Assisted Living, Fall Conference2016

• How to Respond to a Data Breach in New YorkNYSHFA & NYSCAL, 1st Annual Emergency Preparedness Symposium2016