Professional Statement:
Alaina N. Crislip is a health lawyer with Flaherty, Sensabaugh & Bonasso, PLLC in Charleston, West Virginia. Alaina joined the firm in March 2005 and focuses her practice in the area of health care regulation and litigation, with a particular emphasis on compliance advice to providers on Stark and anti-kickback laws. In addition, Alaina has encountered a spectrum of issues, including contracts, physician credentialing, torts (such as informed consent), structuring physician organizations, accreditation and certificate of need, physician licensure, and HMO and health insurance regulation matters. Alaina advises clients on health care compliance issues, including physicians and other practitioners, hospitals, home health agencies, state governmental entities, health care businesses and laboratories. She is interested in biotechnology within the pharmaceutical and medical industries.
Practice Concentrations:
Education:
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J.D., West Virginia University College of Law (2003)
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MPH, Health Care Law & Health Services, Boston University School of Public Health (2000)
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B.A. Cum Laude, Health & Society (minor in legal studies), University of Rochester (1998)
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Oxford University, Oxford, England (Summer 1993)
Awarded Scholarship to study Medical Sciences and English Literature
Court Admissions:
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United States District Courts for the Northern and Southern Districts of West Virginia
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West Virginia Supreme Court of Appeals
Professional Involvement:
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The West Virginia Bar Association: Member, Young Lawyers Division
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Kanawha County Bar Association
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West Virginia State Bar
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American Bar Association: District Representative, District 18, Young Lawyers Division
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American Health Lawyers Association: Member
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West Virginia Registered Lobbyist
Representative Legal Work:
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Represented and advised physicians and health care entities on compliance with the Privacy and Security Standards under the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
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Represented a national home health care provider in a $4.5 million dollar acquisition of a West Virginia rural home health agency servicing a six county service area
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Represented a national home health care provider in acquiring a certificate of need to acquire a West Virginia home health care provider for $4.5 million dollars
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Represented a national home health care provider in for-profit and non-profit joint venture acquisitions of hospital-based home health services
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Represented and advised Quality Improvement Organization (QIO) on various state and federal issues involving Medicare and Medicaid quality and utilization review
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Represented and advised physician groups and health care corporations on federal and state fraud and abuse statutes and regulations
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Represented and advised an affiliated academic medical practice on privacy and security compliance, development of model policy and procedures and transitional issues under the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
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Represented a regional emergency medicine provider on business and transactional issues, including formation of West Virginia entities, negotiation of various agreements and regulatory compliance matters
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Represented and advised an assisted living facility on compliance with the Americans with Disabilities Act (ADA)
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Assisted and advised client on privacy and security compliance with state and federal laws and developed model policies
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Assisted in structuring and negotiating joint ventures, mergers and acquisitions of hospitals, physician groups, and home health agencies
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Represented hospital and physician clients in peer review and related issues including: termination, limitation, medical staff appointment and revision of medical staff bylaws
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Represented nurses and physicians in investigations and against administrative penalties and other adverse licensure determinations under state licensure laws
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Represented and assisted client with new health venture in securing appropriate licensure and certification to participate in Medicare and Medicaid
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Secured determinations that proposals are not subject to CON review; assisted client and consultants in preparing CON applications preparing analyses of competing applications for hearing
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Advised clients on litigating CON and licensing issues involving the closure of a facility, the additions of new facilities, medical equipment services, including representation through the appeals process
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Developed and assisted clients with state governmental affairs strategies, including lobbying efforts on public policy and statutory changes relating to health care issues
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Monitored federal and state legislation, regulations and policies to advise client on new developments and regulatory compliance
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Advised hospital clients on legal issues involving patient care and daily operational issues, including drafting and implementation of policies, emergency medical services, medical records, informed consent, and EMTALA
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Assisted and advised clients on ventures that anticipate implications of the federal and state fraud and abuse laws, including Medicare/Medicaid Anti-kickback statutes and Safe Harbor regulations, the Stark Law and its exceptions and related self-referral laws
Teaching & Lecturing
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Statutory Liens for Health Care Providers, Flatwoods, West Virginia, West Virginia Chapter Health Financial Management Association (April 9, 2007)
Writings & Publications
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Statutory Liens for Health Care Providers: The Effectiveness of Laws Allowing Providers to Assert Liens on Settlements or Judgments from Third Party Tortfeasors. The Health Lawyer, Vol. 18, No. 6 (August 2006)
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How Do Women Graduate Students Adapt to the Stresses of Life? A. Stout, H. Cabral, K. Skinner, L.E. Kazis. Abstract 2063, American Public Health Association (November 1999)
Firm Involvement
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Summer Clerk Committee; Assist with Coordinating Summer Clerk Activities
Awards & Honors:
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Chief Justice, Moot Court, West Virginia University College of Law
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Xerox Social Sciences and Humanities Award, University of Rochester, Rochester, NY
Reported Cases:
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Gray v. Mena, 218 W.Va. 564, 625 S.E.2d 326 (2005)
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