Katherine A. Kuchan, R.N., J.D.

Attorney | Milwaukee

Phone: (414) 721-0479
| Fax: (414) 721-0491

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About Katherine

Katherine Kuchan is a shareholder and Nurse Attorney focusing her practice on regulatory and compliance matters. Katherine serves as co-leader of the firm’s compliance service line. She provides legal counsel to clients across the country on regulatory and compliance matters involving the False Claims Act, the Stark Law, the Anti-Kickback Statute and the Civil Monetary Penalties Law. Katherine advises clients on fraud and abuse matters coordinated through federal and state enforcement agencies and defends hospitals, physician practices and many other provider types involved in governmental investigations. She coordinates internal investigations under the attorney-client privilege and counsels corporate compliance officers, C-Suite and Boards on complex compliance issues, including self-disclosures to the Office of Inspector General (“OIG”), the Centers for Medicare & Medicaid Services (“CMS”) and the Department of Justice (“DOJ”).

Katherine has broad experience working with clients involved in fraud and abuse investigations coordinated through Main Justice, United States Attorney Offices, OIG and Medicaid Fraud Control Units. Katherine routinely advises clients on high-risk areas such as medical necessity, documentation, coding and billing and physician compensation. Her work also includes assisting clients in resolving matters efficiently and effectively through voluntary refunds of overpayments to Medicare contractors, implementing timely corrective actions and providing education and training to mitigate future risk. Katherine actively works with clients on special regulatory matters including management of and compliance with Corporate Integrity Agreement requirements, survey and licensure and EMTALA. Katherine also provides compliance support services to a variety of health care entities. These services include completing compliance program effectiveness reviews, risk assessments and compliance education, among other services.

As a Registered Nurse, Katherine understands her health care clients and they receive proven benefit and value because of her practical, clinical knowledge and real-life experience from working in the health care industry. On a daily basis, Katherine applies her clinical nursing knowledge to effectively interact and collaborate with clients and efficiently examine and resolve operational and provider compliance issues.

Katherine serves on the Board of Directors of CORE El Centro Milwaukee, a non-profit organization offering affordable natural healing and wellness services to the community in Spanish and English. Katherine lives in Milwaukee with her husband and enjoys traveling, theatre and, most recently, participating in sprint triathlons in her free time.

EDUCATION

University of Wisconsin - Madison, M.S.; Marquette University, B.S.

Marquette University Law School, J.D., magna cum laude

ADMITTED TO BAR

  • Wisconsin

memberships

  • State Bar of Wisconsin
  • American Health Lawyers Association
  • Health Care Compliance Association
  • American Society for Healthcare Risk Management
  • Wisconsin Society for Healthcare Risk Management

Experience

  • RN Licensure in Wisconsin

honors

  • Best Lawyers in America

Significant Cases

  • Katherine represented thirty-two hospitals in a large hospital system and numerous other individual hospitals in resolving a False Claims Act lawsuit brought by two whistleblowers involving allegations that implantable cardiac defibrillators (ICDs) were implanted in Medicare beneficiaries in violation of Medicare’s National Coverage Determination 20.4 (NCD).
  • Katherine represented nine hospitals in a large hospital system and numerous other individual hospitals in resolving a False Claims Act lawsuit involving allegations that hospitals performed Kyphoplasty procedures on an inpatient basis when these minimally invasive procedures could have been performed on an outpatient basis.
  • Katherine represented a hospital in Michigan in resolving a False Claims Act lawsuit brought by a whistleblower cardiologist involving allegations that another cardiologist performed unnecessary cardiac procedures on Medicare beneficiaries.
  • Katherine represented two hospitals in Arizona in connection with a False Claims Act lawsuit brought by a hospital corporate responsibility auditor in resolving a False Claims Act lawsuit involving allegations that Medicare beneficiaries did not meet medical necessity criteria for inpatient rehabilitation services.
  • Katherine represented a health system in Michigan in connection with a False Claims Act lawsuit brought by an external auditor in resolving a False Claims Act lawsuit involving allegations of upcoding evaluation and management (E/M) services provided to cardiology patients.
  • United States ex. rel. Hilde-Philips v. St. Luke’s Hospital of Duluth and Dr. David Moyer, Katherine represented a hospital in Minnesota in connection with a False Claims Act lawsuit brought by whistleblower physician involving allegations that another physician upcoded evaluation and management (E/M) services provided to Medicare beneficiaries.
  • Katherine represented a hospital and ambulance company in Florida in responding to a Civil Investigative Demand involving medical necessity of ambulance transports, and following document production and negotiation, was able to persuade the U.S. Government to close the case without any further action.