Lawyer Bio : Kimberly Alyson Licata
Kimberly Alyson Licata
"Kim"
Research Triangle Park
Kim is Of Counsel in Womble Carlyle’s Research Triangle Park office. Formerly Senior Vice-President and General Counsel of Sterling Health Care, Kim represents clients in the areas of health care law, regulatory compliance and products liability litigation defense. Specifically, Kim’s practice includes:
- Conducting detailed contract reviews and drafting, as well as litigation advice in the event of a dispute, of laboratory services agreements, pharmacy services agreements, and other agreements involving services provided by providers, Medicare Advantage Plans, and Medicare Part D.
- Counseling long-term care facilities, hospitals, physicians and other providers and suppliers on regulatory compliance and/or litigation issues involving Medicare and Medicaid coverage and billing, HIPAA privacy, labor and employment issues (including Fair Labor Standards Act matters and wage and hour claims), as well as EMTALA and medical staffing issues.
- Advising hospitals, physician groups, and other health care providers on obtaining necessary state regulatory approval for health care projects under state law, including certificate of need laws
- Advising drug manufacturers on various pharmaceutical issues, such as internet advertising, internet pharmacy services, regulatory implications of contracts for biologicals.
- Preparing fact and medical expert witnesses for deposition; taking and defending depositions of fact and medical experts witnesses, as well as answering discovery requests and handle related motions.
- Preparing dispositive and discovery motions and associated supporting memoranda in products liability litigation defense and medical malpractice litigation defense.
- Identifying and investigating actual and potential experts (i.e., physicians, industrial hygienists, toxicologists, contractors) to determine suitability as defense experts or weaknesses as plaintiffs’ experts.
- Preparing and reviewing corporate and transactional documents for hospital systems, physicians, physician groups, and chiropractic groups.
- Preparing opinion letters regarding fraud and abuse compliance in transactions involving health care providers.
- Preparing comments to rulemaking and requests for advisory opinions for submission to the Health and Human Services’ Office of Inspector General.
- Aiding in the representation of clients in various administrative regulatory proceedings relating to state approval of projects and various hospital and/or court proceedings involving medical staff issues, antitrust concerns, among others.
Kim is a co-author of the Womble Carlyle Fair Labor Standards Act Blog.
Professional Activities
Bar Associations: North Carolina Bar Association, Health Care Section; District of Columbia Bar Association, Health Care Section; and the American Bar Association, Health Care Section. Member of the American Health Lawyers Association, North Carolina Society of Health Care Attorneys.
Admitted to the bar, 1996, North Carolina; 1997, District of Columbia. Admitted to practice before all North Carolina State courts and the District of Columbia Court of Appeals; U.S. District Court for the Eastern District of North Carolina.
Education
B.A., American Government/Philosophy, 1993, University of Virginia, with distinction; Phi Eta Sigma; Phi Sigma Pi; Golden Key; Alpha Phi Omega; Departmental Recognition for Academic Excellence as a Major from the Philosophy Department; Echols Scholar; J.D., 1996, University of North Carolina School of Law, with honors; Law Review; Phi Delta Phi; Chancellor’s Scholar; American Jurisprudence Award, Property and Legal Research.
Prior Legal Experience
Senior Vice President and General Counsel, Sterling Healthcare, 2006-2007; Associate, Womble Carlyle Sandridge & Rice, PLLC, 1998-2006; Associate, Dickstein Shapiro Morin & Oshinsky, Washington, DC, 1996-1998; Summer Associate, Moore & Van Allen, Raleigh, NC, 1995; Summer Associate, Dickstein Shapiro Morin, Washington, DC, 1995; Summer Associate, Hunton & Williams, Raleigh, NC, 1994.
Publications
Co-author, "Perpetuities Reform in North Carolina: The Uniform Stautory Rule Against Perpetuities, Nondonative Transfers and Honorary Trusts," 74 NC Law Review 1783 (1996);
Co-author, "Holding Decision Makers Liable: Assessing Liability under a Managed Health Care System," 51 Admin. L. Rev. Am. U. 199 (Winter 1999).
Presentations
Speaker, "Medical Records Law" CLE - Lorman Education Services, May 7, 2009.
Areas of Proficiency
- Health Care
- State & Federal Health Care Compliance
- Medicare and Medicaid coverage
- HIPAA & Privacy
- EMTALA
- Medical Staffing
- Health Care Contracts
- Malpractice Defense
- Fair Labor Standards Act
- Patient Safety Organizations (PSOs)
Practice & Industry Teams
Articles
News
Publications
Client Alerts
- Interim Final Rule: Breaches of Unsecured Protected Health Information (PHI)
- OIG Allows Hospital Payments to Certain Physicians for On-Call Services Performed on Hospital's Uninsured Patients
- FTC Responds To AMA's Challenge To The Identity Theft Red Flags Rule's Applicability To Physicians
- Health Care Alert: Heightened Scrutiny into Florida Home Health Agencies
- Medicare Durable Medical Equipment and Home Health Fraud Investigations Expected to Intensify in Seven "At-Risk" States
- CMS Continues to Change the Stark Rules for the Health Care Industry
- CMS Continues to Change the Stark Law
- Pharmaceutical Companies Under FLSA Scrutiny: Winning the Battle of the Exemptions?
- Chock Full Of Proposals: Medicare's FY 2009 Inpatient Prospective Payment Systems Proposed Rule Arrives
- What Sale? Drug Rep Cases Challenge the Appropriateness of the FLSA's Concept of a Sale in Drug Promotion
- OIG Advisory Opinion Regarding Payments To Physicians For Call Coverage
- Phase III of Federal Physician Self-Referral Regulations Announced
