Elizabeth M. Winchell, CHPC

Associate

Every day, Elizabeth advises health care providers regarding regulatory matters, including licensing and certification, enrollment and participation in government programs, compliance, medical staff governance and peer review, and quality assessment and performance improvement. She particularly enjoys helping hospitals, laboratories, pharmacies, and other providers successfully navigate regulatory surveys, audits, and investigations – from preparing for scheduled audits and providing advice during surprise surveys, to developing robust corrective action plans that respond fully to regulators’ concerns.

Counseling health care providers, health plans, and others active in the health care sector regarding data privacy is another key aspect of Elizabeth’s practice. Certified in Healthcare Privacy Compliance, Elizabeth regularly aids clients in understanding their obligations under federal and state privacy laws, including HIPAA, 42 CFR Part 2, and the Minnesota Health Records Act.

When not working, Elizabeth can be found shopping a farmer’s market, flipping through a cooking magazine, trying a new recipe, indulging in foodie TV, or spending time outdoors—in the garden, or on a walk or hike. She also enjoys relaxing with her husband, their two sons, and their Australian Cattle Dog mix.

  • Key Practice and Industry Experience
  • Representative Matters
  • Recognitions and Honors
  • Publications and Presentations
  • Professional Associations

Key Practice Experience

Health Care Regulation

  • Medicare and Medicaid provider/supplier enrollment, coverage, and reimbursement
  • Anti-referral laws and fraud and abuse, including Stark and anti-kickback compliance
  • Corporate compliance programs
  • Risk management
  • Information privacy and security, including:
    • Cybersecurity
    • Federal and State Privacy Law Compliance, including HIPAA, HITECH, and Minnesota Health Records Act compliance
    • Security Incident/Data Breach Response
    • Health care reform
  • Telehealth
  • Peer review and medical staff governance, credentialing, and privileging
  • Health facility licensure
  • Health practitioner licensure and scope of practice issues
  • Clinical research regulatory issues
  • Policy and procedure development and review

Health Care Transactions

  • Provider arrangements and agreements
  • Vendor arrangements and agreements
  • Clinical trial agreements

Key Industry Experience

  • Hospitals
  • Health plans
  • Clinics, physician groups, and other health care providers
  • Medical laboratories
  • Pharmacies
  • Nonprofits

Representative Matters

  • Representation of hospitals, hospices, home health agencies, and pharmacies in regulatory investigations and accreditation surveys, including responding to CMS Immediate Jeopardy findings and Joint Commission sentinel events
  • Regular advisor to clients including hospitals, health plans, substance use disorder programs, disability services providers, laboratories, and pharmacies regarding compliance with information privacy laws, including HIPAA, 42 CFR Part 2, and state laws
  • Frequent analysis of contracts and other strategic arrangements for compliance with applicable laws, including counsel regarding submissions to the CMS Stark Self-Referral Disclosure Protocol

Recognitions and Honors

  • Hamline Law Review Editor-in-Chief (2012-13), Associate Editor (2011-12)
  • American Bar Association/BNA Award for Excellence in the Study of Health Law
  • 2nd Place Brief and Oral Argument Semifinalist, National Health Law Moot Court Competition
  • Hamline University School of Law Alumni Association Scholarship
  • Presidential Scholarship
  • Dean’s Honor Roll
  • CALI Awards for receiving the top grade in the following courses: Legal Research and Writing II, Legal Research and Writing III: Litigation, Health Law: Organization and Finance, Law and Bioethics

Publications and Presentations

  • “HIPAA: Proactive Compliance for Covered Entities and Business Associates,” MN CLE – The 2017 Midwest Legal Conference on Privacy & Data Security, January 2017
  • “CMS Surveys: Immediate Jeopardy Findings, Condition Level Deficiencies and Other Surprises Every Board Should Understand,” Health Care Compliance Association Minneapolis Regional Conference, September 2016
  • “Mobile Apps, Telehealth and Telemedicine: Addressing Legal Risks and Barriers,” MN CLE – Representing Health Care Providers, January  2016
  • “CMS Surveys: Immediate Jeopardy Findings, Condition Level Deficiencies and other Surprises Every Board Should Understand,” Minnesota Hospital Association 2016 Winter Trustee Conference, January 2016
  • “Communicable Diseases: What’s an Employer to Do?”, The Corporate Counselor (May 2015) (co-authored with Veena Iyer and Sarah Riskin)
  • “Strategies for Avoiding and Addressing Five Common Medical Record Documentation Issues in a Compliant Manner,” Lorman Medical Records Law Seminar presentations, January 2014 (St. Cloud, MN) and March 2014 (Minneapolis, MN)
  • “If you want something done right, you have to do it yourself: Minnesota Guardians, Group Homes, and the Impermissible Delegation after In re Jeffrey DeYoung,” 35 HAMLINE L. REV. 675 (2012).

Professional Associations

  • American Health Lawyers Association
  • Health Care Compliance Association
  • Minnesota State Bar Association
    • Health Law Section Governing Council
  • Hennepin County Bar Association

Community Engagement

  • Organizer, Hamline Law Review Alumni Advisory Board
  • Volunteer, Minnesota Assistance Council for Veterans (2012-13)
  • Volunteer HIV Counseling and Testing Intern for the University of California – San Francisco AIDS Health Project, now the Alliance Health Project (2008-09)