Kimberly A. Licata  
Of Counsel 
Education

University of North Carolina, JD, 1996, with honors

University of Virginia, BA, 1993, with distinction

Professional and Community Activities

North Carolina Bar Association, Health Care Section

District of Columbia Bar Association, Health Care Section

American Bar Association, Health Care Section

Member, American Health lawyers Association

Member, North Carolina Society of Health Care Attorneys

Jurisdictions Licensed
301 Fayetteville Street, Suite 1900, Raleigh, NC 27601t: 919.783.2949|
P.O. Box 1801, Raleigh, NC 27602-1801f: 919.783.1075|
Kim has advised health care providers and facilities on regulatory and compliance issues for over thirteen years. Her practice is designed to take the legal worry out of business ideas and assist her clients in actualizing their goals. She prides herself on being accessible and creative in her approach to complex situations. In addition to her regulatory work, Kim has years of litigation experience that make her a well-rounded advocate for her clients, understanding the true legal and litigation risks faced by health care entities and offering sound, practical legal advice.

Representative Experience

  • Counseled providers and suppliers on regulatory compliance and/or litigation issues involving Medicare and Medicaid coverage and billing, Joint Commission requirements, patient safety and quality improvement, certificate of need and other regulatory requirements, HIPAA, labor and employment issues (including FLSA matters and wage and hour claims), as well as EMTALA and medical staffing issues.
  • Advised clients on and negotiated corporate and transactional documents, including bylaws, articles, operating agreements, employment agreements, personal services arrangements, recruitment agreements, and stock and asset purchase agreements.
  • Served as Senior Vice President and General Counsel to a physician staffing company, associated billing company, and associated clinical practices, where she managed all of the Company’s legal representation, physician contracting, and adherence to federal and state laws and regulations and advised Executive Management and the Board of Directors on all legal issues impacting the Company. 

Publications
Co-author, "Perpetuities Reform in North Carolina: The Uniform Statutory Rule Against Perpetuities, Nondonative Transfers and Honorary Trusts," 74 NC Law Review 1783 (1996)

Co-author, "Holding Decision Makers Liable: Assessing Liability under a Managed Health Care System," 51 Admin. L. Rev. Am. U. 199 (Winter 1999) 

Presentations
“Health Care Law for Physicians: Fraud and Abuse,” Duke University Medical Center, Grand Rounds for ENT Fellows, February 9, 2005.

“Eliminating Waste: Document Retention and Records Management,” Baptist Medical Center, Winston-Salem, North Carolina, September 19, 2007.

“A Brief Overview of Advance Directives: Controlling Your Future Medical Care,” Compassion & Choices, Durham, North Carolina, December 10, 2008.

“Legal Issues in Medical Record Documentation” Lorman Education Services, Greensboro, North Carolina, May 7, 2009.

“New Federal Regulatory Obligations to Provide Notification of Security Breaches of Health Information,” Association of Corporate Counsel, New-to-In-House Counsel Teleconference, Washington, D.C., September 16, 2009.

“Compliance Issues: Self Disclosure, RAC Audits, and Red Flags,” GE Centricity Management Southeast Users Group Winter Conference, Braselton, Georgia, February 11-12, 2010.

Prior Legal Experience

Before joining Poyner Spruill, Kim was Of Counsel in Womble Carlyle’s Research Triangle office. She served as Senior Vice President and General Counsel of Sterling Healthcare from 2006-2007. Prior to that, Kim was an Associate with Womble Carlyle Sandridge & Rice PLLC, and an Associate with Dickstein Shapiro Morin & Oshinsky in Washington, DC.
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