Katherine Ilten

Overview

Katie is a valued advisor to hospital systems, physician groups, life science companies, and aging and disability service providers.

Katie draws on her wide base of knowledge and experience in health care regulatory matters to counsel her clients on internal and external allegations of non-compliance as well as strategic transactions and enterprise risk management matters. She represents clients across the country, including nationally recognized health systems as well as established and emerging closely held businesses in the health care industry.

Katie advises clients on health care compliance, fraud and abuse laws, Medicare and Medicaid reimbursement issues, government audits, Stark, anti-kickback, HIPAA, medical staff governance and disputes, internal investigations, regulatory issues in multi-state business expansion, professional licensing, and strategic affiliations and transactions. Katie views her role as being a critical thinker who can advise her clients on creative approaches as well as practical solutions and risk considerations.

Katie also serves on the firm’s Compensation Committee.

Services

Experience

Hospitals & Health Systems

Advised nationally renowned hospital in consolidation of multiple hospital campuses under one corporation, license and CMS certification number.
Structured overhaul of medical staff bylaws and professional peer review infrastructure for multi-hospital systems.
Represented hospital system in air ambulance joint venture and multi-state air ambulance expansion.
Advised numerous hospitals in medical staff challenges and civil lawsuits brought by independent medical staff members.

Health Care Regulatory Defense

Obtained favorable Minnesota Court of Appeals ruling that state agency was “arbitrary and capricious” in finding maltreatment against disability service provider.
Successfully represented hospital in state Medicaid inpatient admissions appeal, exposing government’s faulty legal theory and resulting in state Medicaid program categorically reversing overpayment determinations for multiple third-party hospitals.
Challenged Medicare extrapolated overpayment assessment of $3,000,000 against Texas physician practice and reduced overpayment to less than $15,000.
Represented hospital systems in negotiations with Office for Civil Rights related to HIPAA breaches, investigations and resolution agreements.
Architect of legal theory underlying successful motion to dismiss in False Claims Act lawsuit targeting hospital cardiac rehabilitation program.
Conducted internal investigation of antikickback allegations brought by former employee of Fortune 500 company.

Aging & Disability Service Providers

Represented skilled nursing facilities in challenging statements of deficiencies and civil money penalties before state agencies and Medicare Departmental Appeals Board.
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.
Advised opioid addiction treatment providers, behavioral health providers, and Medicaid waiver service providers in navigating complex state regulatory schemes during multi-state business expansion.

Credentials

Education

University of Iowa College of Law, J.D., 2008, with high distinction
St. Olaf College, B.A., 2004, summa cum laude

Admissions

Minnesota, 2008

Recognition

Best Lawyers in America, Health Care Law, 2024-2025
North Star Lawyer, Minnesota State Bar Association, 2013
Order of the Coif, University of Iowa College of Law
Phi Beta Kappa, St. Olaf College

Civic & Professional

Professional Activities

Minnesota State Bar Association, Health Law Section, Member
American Health Lawyers Association, Member
Journal of Corporation Law, Articles Editor, 2007-2008; Staff Member, 2006-2007

Community

FamilyWise, Board of Directors

News & Insights

Publications & Presentations

Articles

Quoted in “The Legal Ramifications of Rapidly Scaling Telehealth (Q&A),” by Stephanie Baum, MedCity News, September 2020

Co-Author with David M. Glaser, “Major Change to Time Limit on Overpayment Recovery Buried in the Fiscal Cliff,” FredALERT: Health, January 2013

Presentations

Co-Presenter, Unique Employment Issues in Long-Term Care, LeadingAge Minnesota Institute & Expo, February 08, 2023

Presenter, Assisted Living Resident Contracts & MDH: What We Know, Care Providers of Minnesota Annual Convention & Exposition, November 2022

Co-Presenter, Unique Healthcare Employment Issues: Tips, Tricks & Traps, Care Providers of Minnesota Annual Convention & Exposition, November 2022

COVID-19 Grab Bag, MSBA Health Law Section Webinar, September 18, 2020

Healthcare 2020: Emerging Business Models, Fredrikson & Byron and Deloitte Program, December 4, 2019

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

Interoperability, Provider Relief Funds and More Stark/Anti-Kickback!, Fredrikson & Byron Health Law Webinar Series, January 13, 2021

The Annual Regulatory Update, Fredrikson & Byron Health Law Webinar Series, December 9, 2020

Telehealth and Virtual Care in the Time of COVID-19: Current Status and Questions about the Future, Fredrikson & Byron Health Law Webinar Series, September 16, 2020

Health Law FAQ: COVID-19 and More, Fredrikson & Byron Health Law Webinar Series, August 12, 2020

HIPAA: Direct Training for Health Care Workforce, Fredrikson & Byron Health Law Webinar Series, June 10, 2020

COVID-19 Interim Final Rule: The Sequel, Fredrikson & Byron Health Law Webinar Series, May 6, 2020

COVID-19 Regulatory Update: The Latest on Waivers, Fredrikson & Byron Health Law Webinar Series, April 3, 2020

Fredrikson & Byron’s Health Law FAQs on COVID-19—What We Know as of March 20, 2020, Fredrikson & Byron Health Law Webinar Series, March 20, 2020

Opioid Crisis Response: Key Legal Developments Every Health Lawyer and Compliance Officer Should Know, Fredrikson & Byron Health Law Webinar Series, February 19, 2020

Telemedicine Heading Into 2020: Updates on Legal, Reimbursement and Compliance Issues, Fredrikson & Byron Health Law Webinar Series, November 20, 2019

Health Law Grab Bag: FAQs for Hospitals and Clinics, Fredrikson & Byron Health Law Webinar Series, October 16, 2019

Provider-Based Status and Co-Location: New CMS Guidance and Strategic Steps for Compliance, Fredrikson & Byron Health Law Webinar Series, June 12, 2019

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

Katherine B. Ilten