Emmy S. Monahan

Emmy S. Monahan: Attorney with Duane Morris LLP
  • Special Counsel at Duane Morris LLP
  • 100 High Street, Suite 2400, Boston, MA 02110
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Emmy S. Monahan represents providers, including hospitals, physicians and physician practices in complex federal and state regulatory matters, including Medicare and Medicaid reimbursement, health center designation, and HIPAA and state privacy issues compliance. She also has significant experience with private payor reimbursement, including managed care contracting, regulations, and disputes. Her experience includes the representation of several pathology groups in a number of class actions against insurers over disputes involving payment for clinical pathology services.

Ms. Monahan actively participated in the Maine Hospital Association HIPAA workgroup that identified critical compliance areas for Maine providers through analysis of the impact of the HIPAA privacy standards on Maine laws.

Ms. Monahan is a 1995 graduate of St. Louis University School of Law (LL.M., health law), a 1992 graduate of Howard University School of Law and a 1988 graduate of the University of Utrecht School of Law, Netherlands (LL.M., business and socio-economic law).


•Duane Morris LLP
- Special Counsel, 2017-present
- Associate, 1999-2017
•Kozak, Gayer & Brodek, P.A., Bangor, Maine
- Associate, 1998-1999
•Sole Practitioner, Laurel, Maryland, 1996-1998
•Senior Citizens Law Center, Pensacola, Florida
- Associate, 1995-1996
•Health Law Clinic, Saint Louis University School of Law, St. Louis, Missouri
- Clinical Staff, 1995
•Office of Hearings and Appeals, Creve Coeur, Missouri
- Judicial Extern, Honorable Joseph J. Simeone, 1995
•Boesebeck, Barz & Partner, Frankfurt, Germany
-Legal Assistant, 1993

Publications and Speaking Engagements

Selected Publications

•Co-author, State Medicaid Fraud Control Units' Data Mining Likely to Increase Through Federal Funding, Duane Morris Alert, June 11, 2013
•Co-author, HIPAA Marketing and Sale Provisions: Legal Potholes for Providers, Payors, Advertisers, Data Aggregators, Market Researchers and Others, Duane Morris Alert, April 19, 2013; republished by Law360, May 1, 2013
•Co-author, Overview of 2013 Amendments to HIPAA Privacy, Security, Breach Notification and Enforcement Rules, Duane Morris Alert, January 29, 2013
•Co-Author, Medicaid Program Provider Self-Audits, Monitoring & Auditing Practices for Effective Compliance, Health Care Compliance Association, 2002
• An Analysis of the Mandatory Notification Procedure Pertaining to Termination of Life in the Netherlands and Recent Developments, 15 St. Louis University Public Law Review, 411, 1996

Selected Speaking Engagements

•Speaker, Federal Healthcare Reform: A Primer on the Individual and Employer Mandates and Other Key Features of the Affordable Care Act, John Waldo Ballou Inn of Court Program, Bangor, Maine, April 24, 2013
•Speaker, HIPAA's Impact on the Employer Health Plan, HIPAA & Medical Record Privacy, sponsored by Maine Bar Association, Augusta, Maine, May 15, 2002
•Speaker, Physician Employment and Related Immigration Issues, The Maine Health Alliance 10th Annual Physician Leadership Training Program, May 12, 2000

Civic and Charitable Activities

•Group Ride Coordinator, Penobscot Region NEMBA, 2013-present
•Co-Chair, Carrabassett Back Country Cycle Challenge, a mountain bike endurance race to raise money for Carrabassett Region NEMBA and Town of Carrabassett Valley, Maine, 2010-2011
•President, Maine Mountain Bike Association, 2009-2010
•Co-Chair, Campus Crusher, a mountain bike cross-country race to raise money for Jeff Peet Scholarship Fund, 2007-2008
•Mentor, Jump Start Program, YMCA, Bangor, Maine, 1999
•Alzheimer's Association Northwest Florida, Chapter
- Services Committee, 1996
- Member, 1995-1996
•Volunteer Ombudsman, DC Long Term Care Ombudsman Program, 1996
•Volunteer Attorney, DC Legal Counsel for the Elderly, 1996-1997
•Volunteer Attorney, Department of Health and Rehabilitative Services, District Legal Counsel, Largo, Florida, 1994
•Volunteer Legal Assistant, U.S. Army Legal Center, Hanau, Germany, 1993-1994

Education & Credentials

Contact Information:
207 262 5448  Phone
207 433 1152  Fax
Law School Attended:
University of Utrecht School of Law, LL.M., Business and Socio-Economic Law, 1988; Howard University School of Law, J.D., 1992; St. Louis University School of Law, LL.M., Health Law, 1995
Year of First Admission:
U.S. District Court for the District of Maine; U.S. District Court for the District of Columbia; U.S. Court of Appeals for the District of Columbia Circuit; 1992, Florida; 1999, Maine; Not admitted in Massachusetts

Professional Activities

•American Health Lawyers Association
•Maine State Bar Association
•Penobscot County Bar Association

Birth Information:
Delft, The Netherlands, June 20, 1961
Reported Cases:
Representative Matters: Representation of the emergency department (ED) physicians in a putative class action against the Commonwealth of Massachusetts with respect to MassHealth's failure to reimburse physicians for all services rendered in the ED, by bundling the procedure with the evaluation and management (E/M) service. Upon dismissal without prejudice of the class action, individual ED groups were instructed to go through the administrative appeals process. Our firm is assisting ED groups with each step of the administrative appeal process, including the resubmission of claims, and possible further litigation once the claims are denied.; Represented network of health care providers in arbitration with payor in dispute over payment for health services rendered. Obtained a multimillion-dollar settlement.; Represents physicians, emergency department doctors, pathologists, and other healthcare professionals with respect to payors aggressively seeking to recoup payments made to the health care providers.

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Boston, Massachusetts

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