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Katherine B. Ilten
Shareholder
Email: kilten@fredlaw.com
Office: 612.492.7428
Assistant: Cynthia Pierson, 612.492.7560
Overview
Katie advises clients on compliance issues—including HIPAA, Stark, antikickback, Medicare and Medicaid enrollment and reimbursement, sunshine reporting, licensure, and accreditation—and assists clients in responding to internal and external allegations of regulatory non-compliance.
Katie is the co-chair of the firm’s Health Care Group. Her clients include hospitals, clinics, skilled nursing facilities, life science companies, home care providers and licensed health care professionals. Katie maintains long-term relationships with a number of her clients, counseling them as various health care regulatory issues arise through the growth of their businesses. She helps clients to develop compliance plans, HIPAA policies and procedures, and other policies and infrastructure required by state and federal law. Katie also appeals negative findings against her clients by the Office of Civil Rights (the federal agency charged with enforcing HIPAA), Medicare Recovery Audit Contractors, Medicaid Fraud Control Units, state survey agencies and other governmental investigative bodies.
Experience
REPRESENTATIVE EXPERIENCE
Health Law
- Advised health systems, clinics and life science companies in responding to Office of Civil Rights HIPAA investigations, including challenging civil money penalties and negotiating resolution agreements.
- Advised health care system in consolidation to merge multiple hospitals under a single license and CMS certification.
- Represented individual physician in Medicare overpayment allegation, reducing alleged overpayment of over $500,000 to less than $10,000.
Aging and Disability Providers
- Represented skilled nursing facilities in challenging statements of deficiencies before state agencies and Medicare Departmental Appeals Board.
- Represented nursing home in state vulnerable adult act fair hearing, with ruling in favor of nursing home.
- Defended personal care assistant agency in overpayment allegation by Medicaid fraud unit; matter closed with negotiated settlement amount less than 10 percent of the original overpayment amount alleged by the government.
Health Care Fraud and Compliance
- Conducted workforce training and drafted HIPAA policies for hospital system in anticipation of 2013 HIPAA changes.
- Provided ongoing support and legal advice to medical device company’s clinical trial agreement development and enrollment of sites.
- Represented nurse practitioner in investigation brought by state licensing board; matter was closed with no negative action against client.
White Collar and Regulatory Defense
- Advised litigation team on underlying regulatory allegations in qui tam False Claims Act action against hospital system.
- Assisted in conducting internal investigation of antikickback allegations brought by former employee of Fortune 500 company.
- Provided regulatory analysis to defense team in qui tam False Claims Act action against hospital; action dismissed.
Articles & Presentations
New CMS Guidance Forthcoming on Provider-Based Status and Sharing Space
November 29, 2018
By Briar Andresen and Katherine Ilten
CMS’s David Wright has signaled that new provider-based guidance will be issued in early 2019.
Read MoreMinnesota Court of Appeals Rejects “Arbitrary and Capricious” Abuse Ruling by DHS
May 23, 2017
By Sam Orbovich & Katherine B. Ilten
On April 17, 2017, the Minnesota Court of Appeals rejected a September 9, 2014, maltreatment ruling by the Minnesota Department of Human Services (DHS) against Meridian Services, a longtime trusted provider of services for persons with disabilities.
Read MorePerhaps the Maltreatment Sky is Not Falling, After All
April 5, 2017
By Sam Orbovich & Katherine B. Ilten
Recent news reports, fueled by official maltreatment intake statistics, have left the public concerned that thousands of Vulnerable Adult Act mandated maltreatment reports are going uninvestigated without good reason.
Read MoreCMS Clarifies 60-Day Report and Return Rule in Final Regulation
February 12, 2016
By David M. Glaser & Katherine B. Ilten
Today CMS published a final rule detailing the duty to report and return overpayments with 60 days of their identification. The “report and return” requirement was adopted by Congress as part of the Affordable Care Act. This final rule is the first regulation from CMS interpreting the statute. The final rule makes it clear that the 60-day period does not begin to run until you have quantified the amount of the overpayment, or, when you should have quantified the overpayment had you been acting diligently. In other words, the 60-day clock does not start to run when you first discover a potential billing problem.
Read MoreMedicare Providers and Suppliers Should Continue to Appeal Improper Denials, Despite Two Year Delay in Appeal Processing
January 31, 2014
By Katie B. Ilten & David M. Glaser
The Office of Medicare Hearings and Appeals recently informed a number of Medicare providers and suppliers that the already long wait until their “day in court” would get even longer.
Read MoreMajor Change to Time Limit on Overpayment Recovery Buried in the Fiscal Cliff
January 1, 2013
By David M. Glaser & Katherine B. Ilten
One provision in the “American Taxpayer Relief Act of 2012,” the “fiscal cliff” bill, received little attention in the press, but will have a major impact on health care organizations.
Read MorePUBLICATIONS & PRESENTATIONS
Articles
- “Major Change to Time Limit on Overpayment Recovery Buried in the Fiscal Cliff,” co-authored with David M. Glaser, FredALERT: Health, January 2013
Presentations
- “Know Your Risk: Critical Compliance Steps for HIPAA Security Risk,” LeadingAge Minnesota Institute, February 8-10, 2017
- “How to Conduct a HIPAA Risk Assessment for Dummies,” Care Providers of Minnesota, November 14, 2016
- “Abuse or Accident: Navigating the VAA,” LeadingAge Minnesota, February 2015
- “Handling Surveys and Unfavorable Statements of Deficiencies,” Care Providers of Minnesota, November 17, 2014
- “Implementing and Maintaining Compliance Programs,” Health Care Fraud & Abuse Minnesota CLE, November 3, 2015
- “Fair Housing: A Refresher Course” LeadingAge Minnesota Institute, February 7, 2014
Webinars
- “Avoiding Unnecessary Refunds: How to Keep Payments to Which You Are Entitled,” Fredrikson & Byron Health Law Webinar Series, October 10, 2018
- “Health Law FAQs Answered,” Fredrikson & Byron Health Law Webinar Series, August 8, 2018
- “Almost Everything You Want to Know About Ancillaries,” Fredrikson & Byron Health Law Webinar Series, March 14, 2018
- “Love Letters to and from CMS: Responding to Audits and Overpayments and Making Voluntary Refunds,” Fredrikson & Byron Health Law Webinar Series, February 14, 2018
- “HIPAA: Are We Doing This Right?!,” Fredrikson & Byron Health Law Webinar Series, November 8, 2017
- “Top Health Law FAQs for Hospitals and Clinics,” Fredrikson & Byron Health Law Webinar Series, July 12, 2017
- “New Rules: MIPS, Physician Fee Schedule, Outpatient Rule and More!,” Fredrikson & Byron Health Law Webinar Series, December 14, 2016
- “Grab Bag: Hot Health Law Topics Presented in a ‘Beach-Read’ Format,” Fredrikson & Byron Health Law Webinar Series, August 10, 2016
- “Current Government Enforcement and Pitfalls in Provider-Based Billing,” Fredrikson & Byron Health Law Webinar Series, April 13, 2016
- “Lessons Learned from Recent HIPAA and Big Data Breaches,” Fredrikson & Byron Health Law Webinar Series, August 12, 2015
- “Voluntary Refunds and Internal Investigations: Tips, Tricks and Tripwires,” Fredrikson & Byron Health Law Webinar Series, August 12, 2009, July 13, 2011 and June 10, 2015
- “Grab Bag: Electronic Health Records and What Should Keep You Up at Night,” Fredrikson & Byron Health Law Webinar Series, February 11, 2015
- “Key Topics from the 2015 Medicare Physician Fee Schedule, OIG Work Plan and Hospital Outpatient Rule,” Fredrikson & Byron Health Law Webinar Series, December 10, 2014
- “Two Midnight Rule and Admission Certifications: Tips, Tricks and Traps,” Fredrikson & Byron Health Law Webinar Series, December 11, 2013 and September 10, 2014
- “Still More FAQs for Hospitals and Clinics,” Fredrikson & Byron Health Law Webinar Series, August 13, 2014
- “F&B HIPAA Training: Direct Training Session for Health Care Staff,” Fredrikson & Byron Health Law Webinar Series, September 11, 2013
- “Short Stay Update: Medicare’s New ‘Two Midnight" Rule,’” Fredrikson & Byron Health Law Webinar Series, August 22, 2013
- “Countdown to HIPAA Enforcement Date: Checklist of Last Steps for Complying with New HIPAA Regulations,” Fredrikson & Byron Health Law Webinar Series, July 10, 2013
- “RACs, ZPICs and PSCs: Practical Administrative Tips and Creative Legal Arguments,” Fredrikson & Byron Health Law Webinar Series, March 13, 2013
- “Revenge of HIPAA: What You Need to Know About the New HIPAA Regulatory Scheme,” Fredrikson & Byron Health Law Webinar Series, February 13, 2013
- “New Medicare Rules,” Fredrikson & Byron Health Law Webinar Series, December 14, 2011. December 8, 2010, and December 9, 2009
Honors & Education
EDUCATION
- University of Iowa College of Law, J.D., 2008, with High Distinction
- St. Olaf College, B.A., 2004, summa cum laude
BAR ADMISSIONS
- Minnesota, 2008
HONORS
- Minnesota State Bar Association, North Star Lawyer, 2013
- Order of the Coif, University of Iowa College of Law
- Phi Beta Kappa, St. Olaf College
- Journal of Corporation Law, Articles Editor, 2007-2008; staff member, 2006-2007
Professional Activities
PROFESSIONAL ACTIVITIES
- Member, Minnesota State Bar Association, Health Law Section
- Member, American Health Lawyers Association
COMMUNITY
- FamilyWise, Board of Directors