Jennifer Jones Thomas is a partner in the Baton Rouge office of Kean Miller. She joined the firm in 1999, and her practice includes health care regulatory law and litigation, education law, expropriation/property litigation, business litigation, antitrust and unfair competition, class action defense, and appeals. Prior to law school, Jennifer earned her Masters of Health Science from the LSU Medical Center and worked in the health care industry.
In the health law arena, Jennifer represents local, regional and national clients in litigation, administrative and regulatory matters involving: Medicare and Medicaid fraud, abuse, audits, overpayments, and recoupments; Stark and Anti-kickback law compliance; HIPAA compliance; the Federal False Claims Act; the Louisiana Medical Assistance Program Integrity Law; the Patient Protection and Affordable Care Act; the Louisiana Unfair Trade Practices Act; healthcare provider licensure; and Louisiana health care regulations and legislation. Jennifer’s representative experience ranges from assisting individual health care providers before the numerous Louisiana licensing boards to defending national corporate clients in False Claims Act and Antitrust lawsuits filed by the Louisiana Attorney General.
Jennifer has represented Parish school systems and private and parochial schools in litigation, regulatory matters, property acquisitions, planning and zoning, contract negotiations, intellectual property protection, and employment disputes. Jennifer has also prepared internal policies and procedures as well as employee and student handbooks. Jennifer has advised educational institutions extensively on the Federal Family Educational rights and Privacy Act, Louisiana education statutes and regulations, and the Louisiana Public Records Act.
Jennifer assists local, regional and national clients in commercial litigation, property acquisitions and disputes, zoning and pipeline expropriation projects.
- Health Law
- Represents pharmacies and pharmaceutical manufacturers in defense of MAPIL and unfair trade practices litigation filed by the Louisiana Attorney General
- Represents physicians, dentists, nurse practitioners, physician's assistants, physical therapists, pharmacists, pharmacies, registered nurses, optometrists, respiratory therapists and social workers before the Louisiana state licensing boards
- Represents hospitals, nursing facilities, continuing care retirement communities, independent living facilities, assisted living facilities and personal care homes before the Louisiana Department of Health and Hospitals
- Represents hospitals with regulatory and transactional matters, including licensing and charge of ownership
- Represents Medicare/Medicaid providers and suppliers in defense of audits, post-payment review and overpayment determinations
- Represents home and community based waiver service providers with regard to reimbursement and licensing
- Assists health care providers with developing Policies and Procedures related to regulatory compliance, including HIPAA
- Represents pain management clinics with licensing, the Louisiana Department of Health and Hospitals investigations, and development of policies and procedures
- Represents medical and vocational case managers in litigation matters regarding bad faith Workers' Compensation claims
- Represents physicians with hospital credentialing and privileges disputes
- Represents health care providers in defense of federal False Claims Act litigation, including qui tam lawsuits
- Represents qualified health care providers in defense of medical malpractice claims in state and federal court
- Represents medical directors in drug screening cases
- Represents child care providers before the Louisiana Department of Children and Family Services
- Represents healthcare providers with the submission of Facility Need Review applications with the Louisiana Department of Health and Hospitals and administrative appeals of denied applications
- Represents physicians in negotiation of employment agreement
- Represents healthcare providers before the Louisiana Legislature and Louisiana regulatory agencies with regard to promulgating and amending statutes and regulations
- Class Action Litigation
- Represents national Preferred Provider Organizations in class action Workers’ Compensation litigation in state and federal courts
- Representation of clients before the Louisiana Supreme Court on matters related to Workers’ Compensation PPO Class Action litigation and scope of liability under the Medical Malpractice Act
- Expropriation/Property Litigation/Planning and Zoning
- Representation of a global energy company in expropriation litigation, land use, planning and zoning, and related matters for construction of pipelines
- Representation of a global energy company in property boundary litigation
- Representation of several local clients in zoning disputes with the East Baton Rouge Parish and Iberville Parish Planning and Zoning Commissions
- Commercial Litigation
- Representation of a health care company in lawsuits involving contract and indemnity disputes
- Representation of national and local clients in antitrust, unfair trade practices and redhibition litigation
- Education Law
- Representation of the East Baton Rouge Parish School System in its desegregation litigation and with respect to the separation of the Baker, Zachary and Central school systems. Litigation included the minimum foundation program funding, sales taxes, ad valorem taxes, transfer of property, indemnity, student transfers and assignments, and employee benefits.
- Representation of large, independent, private school in a variety of legal and business matters, including contracts, real estate matters, employment issues, construction law, and intellectual property matters.
- Preparation of numerous appellate briefs, writ applications, emergency writ applications and oral argument before the Louisiana Courts of Appeal (first chair)
- Preparation of numerous briefs, writ applications, and application for rehearing including oral argument before the Louisiana Supreme Court (first chair)
- Preparation of numerous briefs, writ applications, and motion for costs including oral argument before the United States Fifth Circuit Court of Appeals (first chair)
- Preparation of successful opposition to writ of certiorari to the United States Supreme Court
Jennifer earned her B.S. from Louisiana State University in 1992 and her Masters of Health Sciences from the LSU Medical Center in 1994. She earned her J.D. in 1999 from the LSU Law Center where she was a member of the Moot Court Board.
- Admitted, Louisiana, 1999; United States Supreme Court; United States Court of Appeals, Fifth Circuit; United States District Courts for the Eastern, Middle and Western Districts of Louisiana
- Baton Rouge, Louisiana State and American Bar Associations; American Health Lawyers Association; Louisiana Hospital Association Society of Attorneys; Louisiana Nursing Home Association; Louisiana Association of Nurse Practitioners
Articles, Publications and Presentations
- Standing Orders Permitted for the Distribution of Naloxone, Louisiana Law Blog, December 20, 2016
- Get Your Medications in Sync, Louisiana Law Blog, September 26, 2016
- Louisiana Department of Health Issues Emergency Rules Impacting Pediatric Day Health Care Facilities, Louisiana Law Blog, September 23, 2016
- Legal Issues for Nurse Practitioners, Louisiana Association of Nurse Practitioners Primary Care Conference, September 2016
- Louisiana Unfair Trade Practices Act, Course for Louisiana Mold Remediation License, Louisiana State Licensing Board of Contractors, August - September 2016
- "I Got You Covered", The Ins and Outs of Medical Malpractice Insurance, Southeastern Louisiana University, College of Nursing and Health Services, April 2016
- Attention Louisiana Physicians: Louisiana State Board of Medical Examiners Issues Final Rules on the Complaint and Investigation Process, Louisiana Law Blog, January 2, 2016
- United States Supreme Court to Address the Theory of "Implied Certification" Under the False Claims Act, Louisiana Law Blog, December 15, 2015
- The HEAT is Turned Up on Medicare Fraud, Louisiana Law Blog, June 2015
- The State of Telehealth in Louisiana, Louisiana Law Blog, March 26, 2015.
- U.S. Supreme Court Orders State Licensing Board to Cease and Desist Antitrust Activity, Louisiana Law Blog, March 20, 2015.
- Prescription Monitoring Program Now Accessible by Delegates, Louisiana Law Blog, September 25, 2014.
- The Patient Protection and Affordable Care Act, Baton Rouge Area Chamber Monthly Investor Luncheon, June 2013.
- A New Definition to "Religious Employer" under the Affordable Care Act, Louisiana Law Blog, February 2013.
- The Employer Mandate Health Care Reform: A Decision Point for Smaller Companies, Louisiana Law Blog, January 2013.
- $1.5 Million HIPAA Breach Settlement, Louisiana Law Blog, March 2012.
- Physician Indicted for Criminal Violations of HIPAA, Kean Miller Healthcare Newsletters, 2011.
- U.S. Department of Health and Human Services Issues Report to Congress on National Strategy for Quality Improvement in Health Care, Kean Miller Heatlhcare Newsletter, 2011.
- The U.S. Fifth Circuit Court of Appeals Adopts Standards for Healthcare Fraus Sentencing Fifth Circuit Standards on Sentencing, Kean Miller Healthcare Newsletter, 2011.
- Court Says No Violation of Physician's Constitutional Rights When Hospital Settles Medical Malpractice Case, Kean Miller Healthcare Newsletter, 2011.
- 2010 Health Care Reform for Employers, VCC Conference, October 2010.
- Contributing Author, Guide to Healthcare Reform, Baton Rouge Business Report, October 2010.
- The Patient Protection and Affordable Care Act update, Kean Miller Health Law Seminar, August 2010.
- Got Coverage?, The Pelican News, June 2010.
- Louisiana Supreme Court Upholds Special Prescriptive Periods for Medical Malpractice Cases, LAMMICO Newsletter, September 2009.
- Insurance Issues for Providers, January 2006.
- The Top Ten Reasons Why Physicians Get Sued for Malpractice, January 2006.
- Nursing Law in Louisiana, July 2004.
- Louisiana Independent Pharmacies Association HIPAA compliance seminars.
- Zeta Tau Alpha Alumnae, LSU Chapter
- Capitol Area United Way, Community Partnership
- Louisiana School for the Deaf Foundation, Secretary
- Team Captain Baton Rouge Susan G. Komen Race for the Cure
- Acara v. Banks, 2010-0741 (La. 6/18/10), 37 So.3d 996.
- Warren v. Louisiana Medical Mutual Insurance Co. 2007-0492 (La. 12/2/08), 21 So.3d 186, rev.d on rehearing (La. 6/6/09).
- Broussard Physical Therapy v. Family Dollar Stores, Inc. et al., 2008-1013 (La. 12/2/08), 5 So. 3d 812.
- Central Community School Board v. East Baton Rouge Parish School Board, 2008-0036 (La.App.1Cir. 6/6/08), 991 So. 3d 812.
- Acara v. Banks, 470F.3d.569 (5 Cir.2006).
- Holcomb v. Ethicon, Inc., 2005-2117 (La.App 1 Cir 11/8/06), 2006WL 3208460.
- Saulsberry v. Edwards, 2008 WL 108670 (E.D.La 2008).
- In the matter of the succession of Lubertha D. Brantley, 99-2922 (La. App. Cir. 11/3/00) 789 So.2d. 1.