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Faculty Jennifer Nelson Carney
Member at
Epstein Becker & Green, P.C
Admitted Jurisdictions
Practice Areas
Biography
Hospitals, health systems, dialysis providers, and other health care entities look to attorney Jenny Nelson Carney for their regulatory and business law needs. She advises clients on the balance of minimizing risk while providing good patient care, from intake to discharge.
Jenny counsels on issues surrounding the maintenance of patient information, including design and documentation of the medical record, health information technology, promoting interoperability, and information blocking. Clients count on Jenny to help them navigate state and federal regulatory issues concerning mergers and acquisitions of health care entities, including Medicare and Medicaid provider enrollment, changes of ownership and revalidations, Medicare Conditions of Participation, state and accrediting body survey and certification and licensure issues, RAC appeals, and medical staff privileging and credentialing. Jenny’s experience also includes working on medical marijuana/cannabis, health care reimbursement, health care operations, and state and federal health care policy issues.
A trusted advisor, Jenny has twice served as interim in-house counsel for health system clients to help their legal departments manage complex projects and move their short- and long-term goals forward.
Before joining Epstein Becker Green, Jenny was the chair of the Health Care industry group of an Ohio law firm. Being invested in local culture and public policy, Jenny sits on the Susan G. Komen Columbus Board, the Susan G. Komen Public Policy Advisory Board, and the Friends of the Drexel Board.
Experience
- Coordinated the operational and licensure needs to establish a COVID-19 hospital surge facility for use by several of central Ohio’s primary hospital systems.
- Drafted a Centers for Medicare & Medicaid Services (CMS) 1135 waiver request for modifications to federal rules in response to the COVID-19 public health emergency for Ohio hospitals. Jenny also assisted several health systems in specific requests tailored to their operations.
- Provided 24/7 support to a health system responding to the COVID-19 pandemic. Jenny advised the system on federal and state regulations, including waivers issued as a result of the public health emergency declaration. She also advised on staffing, compensation, quality, and patient care issues, as well as expanding telehealth abilities and related reimbursement issues.
- Gave testimony before the Ohio House of Representatives Health Committee on behalf of a state-level hospital association regarding medical record contents (H.B. 172).
- Assisted a large health system with the system-wide implementation of an electronic health records (EHR) system, ensuring legal and regulatory compliance, HIPAA security, and continuity of patient care.
- Advised hospitals responding to meaningful use audits of the CMS electronic health record incentive payment program, which required analyzing compliance with regulatory requirements for receiving such payments, assisting with the preparation of responses, and guiding hospitals through the audit appeal process, when necessary.
- Served as lead counsel in the acquisition of a nonprofit health system by a health corporation, negotiating the transaction, drafting all corporate documents, conducting due diligence reviews, and completing all regulatory filings.
- Guided multiple hospitals and health systems through the Medicare appeals process for Recovery Audit Contractor (RAC) claim denials and overpayment determinations. This matter involved preparing hospitals for RAC audits and managing appeals involving a wide array of billing issues through the Administrative Law Judge hearing process and the Medicare Appeals Council (MAC), when necessary.
- Worked closely with in-house counsel and medical staff leadership of individual hospitals and multi-hospital systems to conduct reviews of medical staff governing bylaws, policies, and procedures for compliance with Medicare conditions of participation and applicable law and private accreditation standards (i.e., TJC, HEAP, DNV/NIAHO), making recommendations for standardization and industry best practices. Additionally, Jenny and her team assisted with the implementation of new policies and evaluated peer review policies for effective processes, making recommendations for updates and revisions.
Focus Areas
Services
Industries
Trending Issues
Recognition
- The Best Lawyers in America, Health Care Law (2020 to 2023); “Lawyer of the Year” in Health Care Law in Columbus, OH (2022)
- BTI Consulting Group, Client Service All-Stars (2020)
- Chambers USA: The World's Leading Lawyers for Business, "Leader in Their Field" in Ohio – Health Care (2019, 2021, 2022), "Up and Coming" (2016 to 2018)
- Ohio State Bar Foundation, Life Fellow (2009 to Present)
- Ohio Super Lawyers, Health Care (2020, 2021)
- Columbus Business First, Forty Under 40 (2014)
Credentials
Education
- The Ohio State University Moritz College of Law (J.D., 2004)
- Business Editor, The Ohio State Law Journal
- Dean’s Merit Award for Excellence
- Academic Promise Award
- Arthur and Cora Evans Award
- The Ohio State University (B.A., B.S., with distinction, 1998)
- The Ohio State University Outstanding Senior Award
- Undergraduate Student Government Lifetime Achievement Award
Bar Admissions
- Ohio
Professional & Community Involvement
- American Health Law Association: Vice Chair, Women's Leadership Council (2022-2024)
- Columbus Bar Association, Bar Admissions Committee
- Friends of the Drexel Board
- Ohio Women’s Bar Association
- Sam's Fans Board of Directors
- Society of Ohio Healthcare Attorneys (SOHA)
- Susan G. Komen Public Policy Advisory Board
- Women for Economic and Leadership Development (WELD)
- The Women's Fund of Central Ohio, Grant Reader
Insights
Epstein Becker Green Attorneys Recognized by 2023 Best Lawyers for Excellence in the Legal Profession
August 18, 2022
Jenny Nelson Carney, Stuart Gerson Quoted in “The Rulings That Quickly Made 2022 Huge for Health Law”
July 21, 2022
Epstein Becker Green’s Lasting Support of AHLA Recognized in 2022 Top Honors and New Leadership Positions
July 1, 2022
Jenny Nelson Carney Quoted in “Almost Half of Nation’s OB-GYN Residents Train in States Poised to Ban Abortion”
June 28, 2022
Chambers USA 2022 Recognizes Epstein Becker Green’s Focused Excellence in Core Practice Areas: Distinguished in
Healthcare, Labor & Employment, and Litigation
June 1, 2022
Jenny Nelson Carney Quoted in “Arena District Lands Local Offices for Two Out-of-State Firms”
April 8, 2022
CMS Vaccine Mandate: New Hospital Survey Procedures and Deadlines
January 19, 2022
The Growth of Empathy Fatigue
January 1, 2022
Ohio’s Medical Practitioner Conscience Clause Becomes Effective
October 5, 2021
Epstein Becker Green’s Recent Ohio Expansion Featured in The Columbus Dispatch
September 23, 2021
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1 Course taught by Jennifer Nelson Carney
Jennifer's courses have 756 total views
On Demand
Sep 19, 2022
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