Kimberly LovettRockwell M.D.

Associate

Detroit + 1.313.230.7971

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Dr. Kimberly Lovett Rockwell's experience as a board certified physician informs her approach to providing health care regulatory advice and representing health care clients in internal investigations, government investigations, prelitigation disputes, litigation, and compliance issues.

Kimberly has experience representing clients in a range of health care matters including investigations and litigation arising under the False Claims Act (FCA) and health care fraud statutes as well as matters related to allegations of off-label promotion, the Anti-Kickback Statute (AKS), and state public nuisance violations related to opioid dispensing and distribution. She has also advised clients on compliance issues and disputes related to the medical necessity of care provided, fee-splitting laws, corporate practice of medicine laws, telehealth and digital health practice structuring, reimbursement issues, supervision of non-physician providers, AKS, U.S. Food and Drug Administration (FDA) regulations, and others.

Kimberly has held academic medicine appointments at Stanford University and the University of California, San Diego. She has published book chapters and articles in peer-reviewed journals, including the Journal of the American Medical Association and Nature Reviews Cancer. Kimberly has served on the board of directors for the Michigan State Medical Society and the San Diego County Medical Society and on committees for the California Medical Association. She is a long-standing member of the American Medical Association and continues to serve primary care patients.

Experience

  • Large health care system secures rescission of statutorily unappealable CMS decisionJones Day advised a large hospital health system regarding a statutorily unappealable decision from the Centers for Medicare and Medicaid Services ("CMS") that the health system did not qualify for the "mid-build exception" to the payment policy established under the Bipartisan Budget Act of 2015.
  • MDLIVE sells company to Cigna's EvernorthJones Day advised MDLIVE in its sale to Cigna's health services subsidiary Evernorth.
  • Hospital system reaches settlement after DEA investigationJones Day represented one of the largest hospital systems in Michigan in connection with a multi-year DEA diversion investigation concerning potential violations of the Controlled Substances Act across multiple locations within the system.
  • Digital health company expands telehealth programming in response to the COVID-19 public health crisisJones Day represented a digital health company in the expansion of their telehealth programming in response to the COVID-19 public health crisis.
  • National diagnostic clinician network expands telehealth programming in response to COVID-19 public health crisisJones Day represented a national diagnostic clinician network in their expansion of telehealth programming in response to the COVID-19 public health crisis.
  • Telehealth company expands programming in response to COVID-19 public health crisisJones Day represented a telehealth company in the expansion of their telehealth programming in response to the COVID-19 public health crisis and related health regulatory and contracting matters.
  • Telemedicine provider expands telehealth programming in response to COVID-19 public health crisisJones Day represented a telemedicine provider in their expansion of telehealth programming in response to the COVID-19 public health crisis.
  • Integer Holdings Corporation develops employee programming to mitigate the spread of COVID-19 within the workplaceJones Day represented Integer Holdings Corporation during the COVID-19 crisis to develop appropriate protocols and policies for implementing an employee temperature screening program, a face covering program, and return to work policies for employees suffering from COVID-19, respiratory illness, or exposure to individuals with COVID-19.
  • Large critical infrastructure employer considers implementing COVID-19 testing program for employeesJones Day represented a large critical infrastructure employer during the COVID-19 crisis to consider and assess appropriate protocols and policies for implementing an employee COVID-19 testing program at its sites. This included counseling on myriad federal, state, and local legal and regulatory frameworks as well as forming appropriate partnerships.
  • Luxury department store chain develops employee programming to mitigate spread of COVID-19 within workplaceJones Day represented a luxury department store chain during the COVID-19 crisis to develop appropriate protocols and policies for implementing an employee temperature screening program, a face covering program, work from home and return to work policies for employees suffering from COVID-19, respiratory illness, or exposure to individuals with COVID-19.
  • Large critical infrastructure employer develops and implements protocol for international relocation of essential workers during COVID-19 pandemicJones Day represented a large critical infrastructure employer during the COVID-19 crisis to develop appropriate protocols and policies for the international relocation of several employees in accordance with CDC guidelines.
  • National digital health company launches government partnershipJones Day advised a large digital health company with multi-clinical services in negotiating a partnership with a state government program to provide telehealth and telemedicine consults during the COVID-19 state of emergency.
  • Large health care system investigates and voluntarily discloses clinical trial compliance concerns to federal agencyJones Day represented a large health care system in internal investigation, self-disclosure, and revision of company policies related to allegations of clinical trial noncompliance.
  • Leading specialty telemedicine organization launches novel telemedicine-oriented revenue cycle management offeringJones Day provided health regulatory counsel to one of the Nation’s leading specialty telemedicine organizations for its innovative reimbursement, enrollment, contracting, compliance policies, data privacy, and billing arrangements regarding specialty telemedicine services across the U.S.
  • Large multi-state corporation reviews compliance with state corporate practice of medicine laws and regulationsJones Day advised a private multi-state corporation on compliance with corporate practice of medicine laws and regulations in multiple states with respect to the corporation's employed health care practitioners providing clinical services to the corporation's employees.
  • Medical device manufacturer secures declination and dismissal of FCA complaint without any settlement paymentJones Day represented a medical device manufacturer in a False Claims Act case involving whether the company violated the Federal Anti-Kickback Statute.
  • Emerging digital health company launches multi-state telehealth platformJones Day advised an emerging digital health company in launching its telehealth operations in multiple states throughout the U.S., with additional expansion to come.
  • Large digital health company grows operations across U.S.Jones Day advised a large digital health company in expanding operations throughout multiple states in the U.S. and in responding to several state regulator inquiries regarding its operations.
  • Smith & Nephew acquires Rotation Medical Inc. for up to $210 millionJones Day advised Smith & Nephew plc in its acquisition of Rotation Medical Inc., a developer of a novel tissue regeneration technology for shoulder rotator cuff repair, for an initial cash consideration of $125 million and up to $85 million over the next five years, contingent on financial performance.
  • Emerging digital health company expands operations to new telehealth servicesJones Day advised an emerging digital health company in expanding its telehealth product offerings to patients across the United States and in responding to several state regulator inquiries regarding its operations.
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    March 2022 Newsletters

    Vital Signs: Digital Health Law Update | Winter 2022

    August 2021 Newsletters

    Vital Signs: Digital Health Law Update | Summer 2021

    April 2021 Newsletters

    Vital Signs Digital Health Law Update Spring 2021

    January 2021 Newsletters

    Vital Signs Digital Health Law Update Winter 2021

    December 2020 Commentary

    OIG Issues Final Rule on New Exception for ESRD-Related Telehealth Technologies

    October 2020 Newsletters

    Vital Signs: Digital Health Law Update | Fall 2020

    August 2020 Commentary

    Emerging Testing Technologies Offer Potentially Significant Improvements for COVID-19 Screening Programs

    July 2020 Newsletters

    Vital Signs: Digital Health Law Update | Summer 2020

    April 2020 Newsletters

    Vital Signs: Digital Health Law Update | Spring 2020

    March 2020 Commentary

    Telemedicine and COVID-19: CMS Touts Virtual Check-Ins, Has Authority to Implement Telehealth Waivers
    View All

    Additional Publications

    • November 2018
      Emergency Telemedicine: Achieving and Maintaining Compliance with the Emergency Medical Treatment and Labor Act, Telemed J E Health, 2018 Nov;24(11):934-937.
    • November 2018
      Emergency Telemedicine: Achieving and Maintaining Compliance with the Emergency Medical Treatment and Labor Act. Telemed J E Health. 2018 Nov;24(11):934-937

    Speaking Engagements

    • March 18, 2021
      2021 Telemedicine Webinar Series Part III: Reimbursement Challenges and Opportunities, American Health Law Association
    • May 27, 2020
      Telemedicine and the Future of Medicine, Crain’s Detroit Webcast Wednesday
    • April 2020
      Dr Kimberly Rockwell and Alexis Gilroy Discuss the Promise of Telemedicine for COVID-19 and Beyond, American Journal of Managed Care Newsroom
    • July 25, 2018
      Telehealth and Non-Physician Providers: Explore the types of Non-Physician Providers, Scope of Practice and Utility along with typical state supervision requirements and delegation restrictions.
    • March 19, 2018
      Contracting for Physicians: Pointers, Pitfalls, and Prohibitions, Beaumont Hospital
    • November 2, 2017
      Telemedicine: Evidence, Barriers, and Promises - Internal Medicine Grand Rounds, UIC Advocate Christ Medical Center

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