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Kenneth L. Burgess, Partner
- (919) 783-2917
- kburgess@poynerspruill.com
- www.poynerspruill.com
Ken is a long term care attorney advising clients on a wide variety of legal planning issues arising in the skilled nursing facility setting, assisted living setting, and other spheres of long term care. He is a frequent national lecturer and author of industry manuals, national trade journal magazine articles and similar training tools. He serves Poyner Spruill clients by focusing on legal issues impacting the long term care and health services sector. Ken also serves as head of Poyner Spruill's Health Law Section.
Representative Experience
- Served as General Counsel to ALFA, the national assisted living trade association in Washington, D.C.
- Served as regulatory and policy counsel for numerous sales and acquisitions of skilled nursing facilities and assisted living communities in multiple states.
- Represented national assisted living and skilled nursing facility provider in high profile licensure revocation action resulting in a favorable settlement and avoidance of involuntary de-licensure.
- Poyner Spruill LLP
Articles in the National Law Review database by Kenneth L. Burgess:
- Responding to an Audit? Be Prepared! (Posted On Thursday, May 10, 2012)
- A Sign of the Times: Nonpayment of Resident Accounts, Transfer/Discharge and Related Issues (Posted On Tuesday, May 8, 2012)
- U.S. Department of Labor Focuses Enforcement Efforts on North Carolina Residential Care Facilities (Posted On Monday, January 30, 2012)
- Employing Individuals Excluded From Federal Health Care Programs: A Follow-up to November’s Article (Posted On Saturday, January 28, 2012)
- CMS’s Recovery Audit Contractors Appear Poised to Audit Facilities With Ultra High Therapy RUGs (Posted On Thursday, January 26, 2012)
- "Independent" Informal Dispute Resolution Goes Live on January 1, 2012 (Posted On Wednesday, December 28, 2011)
- Hiring or Contracting with Excluded Individuals or Entities (Posted On Friday, December 23, 2011)
- Turning Your Facility and Staff into Detectives (Posted On Tuesday, July 12, 2011)
- OIG Issues New Advisory Opinion on Hospital to Post-Acute Care Settings Referral Arrangements (Posted On Monday, July 11, 2011)
- Clarification of DNR Orders Signed by Nurse Practitioners or Physician's Assistants (Posted On Thursday, June 23, 2011)
- CMS Promises Future Guidance on Elder Justice Act Requirement for SNF Owners and Employees to Report Crimes (Posted On Wednesday, April 27, 2011)
- CMS Throws Providers a Couple of Bones in New Regulation Governing SNF Survey-Related Civil Money Penalties (Posted On Tuesday, April 26, 2011)
- CMS Issues Draft Revised Survey and Enforcement Guidance On SNF Advance Directives Policies and Implementation (Posted On Tuesday, December 14, 2010)
- Toss or Keep: Document Retention in a Nursing Facility (Posted On Monday, November 15, 2010)
- FutureCare of North Carolina – A New Voice for Change for Long Term Care (Posted On Sunday, November 14, 2010)
- The Patient Protection and Affordable Care Act (PPACA) - Growing Old Ain’t for Wimps (Posted On Saturday, November 13, 2010)
- Health Care Reform Planning Comes to North Carolina (Posted On Thursday, September 9, 2010)
- Other Health Care Reform Notes on Long Term Care (Posted On Friday, September 3, 2010)
- You Can “Just Say No” To Weapons At Your Facility (Posted On Wednesday, July 21, 2010)
- OBRA vs HIPAA: Who Has the Right to Demand Access to My Residents’ Medical Records? (Posted On Tuesday, July 20, 2010)
- The Patient Protection and Affordable Care Act and Its Impact on Hospice (Posted On Monday, July 5, 2010)
- From Russia, With Love (Posted On Monday, January 18, 2010)
- National Corporate Compliance Project Completed: A New Guide to Developing SNF Compliance Programs Is Now Available (Posted On Thursday, January 14, 2010)
- There's a Guy at the Door With a Badge (Posted On Tuesday, January 12, 2010)
- Mom Can’t Tell You What She Wants, But I Can - Advance Directives Q&A (Posted On Thursday, January 7, 2010)
- Update - NC Informal Dispute Resolution and Appealing the Length of Immediate Jeopardy (Posted On Thursday, January 7, 2010)
- Will the Feds Stop Allowing SNF Residents to Deposit Social Security Checks Directly Into Facility Resident Fund Accounts? (Posted On Wednesday, August 26, 2009)
- SNF - Hospice Contracts Under the New Hospice Medicare Conditions of Participation (Posted On Sunday, August 23, 2009)
- Nursing Home Admission Agreements: A Follow-Up (Posted On Wednesday, August 19, 2009)
- Sharing Family Medical History Disclosed by Patients Without Consent of Family Doesn't Violate HIPAA According to Feds (Posted On Monday, August 17, 2009)
- Corporate Compliance: A Nursing Facility's Responsibilities Under the Medicare Part D Program (Posted On Sunday, August 16, 2009)
- The Power of I'm Sorry (Posted On Saturday, August 15, 2009)
- Discharging the Nonpaying Resident: Appeals You Should Never Lose (Posted On Saturday, August 15, 2009)
- Bereavement Counseling: The Tale of Lost Essentials (Posted On Friday, August 14, 2009)
- The "Oops" That Could Become a Big "Ouch" - Doing Business with OIG-Excluded Individuals and Entities (Posted On Friday, August 14, 2009)
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