Jennifer Thomas is a partner in the Baton Rouge office of Kean Miller. She joined the firm in 1999, and her practice includes health law, medical malpractice defense, and class action litigation. Jennifer represents local, regional and national clients in litigation and regulatory issues involving Medicare, Medicaid, HIPAA, the Stark and Antikickback laws, audits, the Patent Protection and Affordable Care Act, pharmaceuticals, healthcare provider licensure, medical malpractice, Louisiana health care legislation and workers compensation class action defense. She has handled the first United States Appellate Court case on private right of action under HIPAA.

Representative Experience

• Represents physicians, nurse practitioners, physician's assistants, physical therapists, pharmacists, pharmacies, registered nurses and social workers before the Louisiana state licensing boards
• Represents 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 national Preferred Provider Organizations in class action Workers' Compensation litigation
• Represents home and community based waiver service providers with regard to reimbursement and licensing
• Assists health care providers with developing Policies and Procedures relates 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 Medicare/Medicaid providers and suppliers in defense of audits, post-payment reviews and overpayment determinations
• 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
• 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

Education

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.

Admissions

• 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

Memberships

• Member, Baton Rouge, Louisiana State and American (Health Law Section) Bar Associations; American Health Lawyers Association; Louisiana Hospital Association Society of Attorneys
  

Articles, Publications and Presentations

• 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.
  

Community Service

• Zeta Tau Alpha Alumnae, LSU Chapter
• Capitol Area United Way, Community Partnership
• Louisiana School for the Deaf Foundation, Secretary
  

Reported Cases

• 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 rehearsing (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.