Sarah Swank - Health Lawyer at Ober|Kaler (Washington, DC)

Sarah E. Swank

Principal
seswank@ober.com
202.326.5003
202.336.5203 fax

Bar Admissions

  • District of Columbia
  • Maryland
  • New York

Education

  • Villanova University School of Law (J.D., cum laude, 1999)
    • Environmental Law Journal
  • Skidmore College (B.A., cum laude, 1996)
    • Psi Chi (National Honor Society in Psychology)
    • Pi Sigma Alpha (National Political Science Honor Society)
    • Periclean (Skidmore Honor Society)

Sarah E. Swank

Experience

Sarah Swank is a principal in the firm's Health Law Group and co-founder of the Ober|Kaler Health Care General Counsel Institute. She provides advice and guidance on the Affordable Care Act, Stark, antikickback, health information technology and HIPAA privacy, security and breach reporting, clinical research and IRBs, health care transactions, governance, due diligence, EMTALA and compliance. Sarah provides guidance to health care organizations of all types on the development of accountable care organizations (ACOs), bundled payments and managed care contracts, and she speaks and writes nationally on ACO and other integration models, HIPAA and telemedicine. Sarah works with clients to navigate the complex and changing legal framework facing health care entities today and to guide them through business and strategic planning issues.

Before joining Ober|Kaler, Sarah was Associate General Counsel of Trinity Health, one of the largest health care systems in the US, assigned to Holy Cross Hospital in Silver Spring, Maryland, where she directed legal affairs, legal staff and budget for the 450-bed hospital. For the nearly eight years that Sarah oversaw the legal department at Holy Cross Hospital, she worked closely with executive leadership, management, privacy officer, the medical staff and the Board of Trustees on various health law, corporate law and compliance issues. Sarah drafted, reviewed and negotiated large hospital-based physician agreements and various other operational contracts (e.g., IT, supply chain, education affiliation, construction, managed care, emergency preparedness), while overseeing the contract management process for over 700 physician and operational contracts annually. She sat on the Board of Directors for an open-MRI joint venture between the hospital and a radiology group and on the hospital’s compliance committee, IRB, safety committee and accreditation leadership committee. She also provided counsel on governance and corporate issues, including forming and advising the hospital’s foundation, creating and dissolving joint ventures and preparing corporate documents. Sarah managed and provided strategic direction to the hospital’s litigation and claims, including such matters as medical staff, employment, privacy, contract, corporate and collections.

Sarah started her health law career at Couch White (now Greenberg Traurig) in the Albany, New York office as a Health Law and Government Affairs Attorney, where she counseled and advocated for a health plan association and provider associations, health plans and IPAs on state and federal legislative and regulatory issues. She also advised clients on HIPAA privacy issues, drafted and negotiated managed care and IT contracts, formed business entities, assisted in the creation of joint ventures, advised on corporate governance issues and conducted venture capital due diligence.

Sarah was selected as a contributing author for "Top 10 Health Law Issues – 2013," an annual look at health law hot topics published by the American Health Lawyers Association. She contributed a piece on quality-based health care models.

Professional Memberships

Community Service

Professional Background

  • Associate General Counsel, Trinity Health (Holy Cross Hospital)
  • Health Law and Government Affairs Associate, Couch White (now Greenberg Traurig)
  • Appellate Court Attorney, New York State Supreme Court, Appellate Division Third Judicial Department
Publications & Presentations [View All]
  • ACOs and Health Care Reform 
  • Presenter, "What's Next for ACOs - Managing Financial Risk and Measuring Quality Through Telehealth,"  American Telemedicine Association, 2014
  • Panelist, "ACOs: The Year in Review—Hot Topics, Developments of the Past Year, and Prognostications for the Future," Healthcare Transactions Program, American Health Lawyers Association, 2014
  • Presenter, "ACO 2.0 – The Next Generation: Transforming from Shared Savings and Bundled Payment to the Risk Frontier," Healthcare Transactions Program, American Health Lawyers Association, 2014
  • Presenter, "Accountable Care Organizations and Provider Integration Under Health Care Reform," National Business Institute, 2014
  • Presenter, "ACOs and the Affordable Care Act ," Video Broadcast, Federal Bar Association, 2013
  • Presenter, "The Marketplace is Now Open for Business: What you Need to Know About the Health Insurance Exchange," Webinar, Health Care Compliance Association, 2013
  • Presenter, "ACOs and What a Compliance Officer Should Know," Corporate Compliance Forum, The Children's Hospital Association, 2013
  • Presenter, "Ten Lessons Learned For ACO Formation and Operation," HCCA Web Conference, Health Care Compliance Association, 2013
  • Presenter, "Participating in the Medicare Shared Savings Program,"Accountable Care Organizations Bootcamp Webinar Series, American Health Lawyers Association, 2013
  • Author, "Quality-Based Healthcare Models: Getting More Bang for Your Healthcare Buck,"  AHLA Connections, American Health Lawyers Association, 2013
  • Presenter, "Insurance Exchanges: How They Work, What They Change," Webinar, National Business Institute, 2013
  • Author, "A Physicians Guide to Forming and Operating an Accountable Care Organization," Maryland Medicine, 2012
  • Presenter, "ACOs and New Integrations Models: What Health Care Reform Means for Long Term Care” Joint Annual Conference, LifeSpan and Health Facilities Association of Maryland, 2012
  • Presenter, "Supreme Court Affordable Care Act Decision: What's Next for Health Care Providers?" Practicing Law Institute, 2012
  • Author, "Religion and Health Insurance Exchanges," Hospitals and Health Systems Practice Group Newsletter, American Health Lawyers Association, 2012
  • Presenter, "Accountable Care Organizations," Elder Law Section, Maryland State Bar Association, 2012
  • Presenter, "EHRs and ACOs: You Can't Have One Without the Other," HIMSS Annual Conference and Exhibition, 2012
  • Author, "Five Trends in Health Care for Election Year 2012," Health Law Report, Bloomberg Law Reports, 2011
  • Presenter, "The Final ACO Regulations: Is Participation Worth a Second Look?" Webinar, American Bar Association Health Law Section and the ABA Center for Continuing Legal Education, 2011
  • Presenter, "Beyond the Cover Story Part 2: The Final ACO Regulations," Webinar, Ober|Kaler, 2011
  • Presenter, "Five Trends in Health Care for 2012," 2011 Convention, Health Facilities Association of Maryland, 2011
  • Presenter, "ACOs, Integration and Beyond," 2011 Convention, Health Facilities Association of Maryland, 2011
  • Presenter, "Beyond the Cover Story: A Focused Overview of the Key Provisions of the ACO Regulations," Webinar, Ober|Kaler, 2011
  • Author, "Will 'Qualified Entities' Be up for the Quality Public Reporting Challenge?" AHLA Connections, American Health Lawyers Association, 2011
  • Panelist, "New Directions for Healthcare Delivery - Leadership Perspective," Healthcare Conference, BB&T Capital Markets, 2011 
  • Presenter, "Health Care Reform: A Year Later - HIPAA and HITECH, ACOs and Enforcement Tools," Health Care 2011, Practicing Law Institute, 2011
  • Presenter, "The ABCs of ACOs: Navigating the Alphabet Soup of the New ACO Program," LifeSpan’s Annual Convention & Exposition, 2011
  • Presenter, "CMS Initiatives under the Accountable Care Act," 4th Annual Innovatix Legislative Conference, 2011
  • Telemedicine
  • Presenter, Developments and Trends in Health Care Law, Cumberland School of Law at Samford University, 2014
  • Presenter, "The Nuts and Bolts of Launching and Growing a Telemedicine Program," Physicians and Hospitals Law Institute, American Health Lawyers Association, 2014
  • Presenter and Moderator, "The Technology of Telemedicine," Telehealth Bootcamp Series: A Look at Legal and Regulatory Matters Specific to Telehealth, Telemedicine and m-Health, American Health Lawyers Association, 2014
  • Presenter, "The Nuts and Bolts of Launching and Growing a Compliant Telemedicine Program," Webinar, Health Care Compliance Association, 2013
  • Presenter, "The Future of Telemedicine: Paving the Road Ahead and Making the Case for Telehealth," Telehealth Bootcamp Series: A Look at Legal and Regulatory Matters Specific to Telehealth, Telemedicine and m-Health, American Health Lawyers Association, 2013
  • Presenter, "ACOs and Integration: What is on Horizon for Telemedicine," ATA Annual International Meeting & Trade Show, American Telemedicine Association, 2013
  • Presenter, "CMS Telemedicine Credentialing & Privileging: Legal Do's & Don'ts," Webinar, Progressive Healthcare Conferences, 2012
  • Presenter, "Telemedicine Credentialing and Privileging," Webinar, Strafford Publications, 2012
  • Presenter, "Telemedicine: Strengths, Weaknesses, Opportunities and Threats" Webinar, Ober|Kaler Health Care General Counsel Institute, 2012
  • Presenter, "Telemedicine Credentialing and Privileging: Complying With the New CMS Rule," Webinar, Strafford Publications, 2011 Compliance
  • IRBs and Research Compliance and Contracting 
  • Presenter, "The Brave New World of Research Regulations: What You and Your IRB Need to Know Now," Global Conference, Association of Clinical Research Professionals, 2014
  • Author, "Clinical Research Practice Guide," 2nd Edition, American Health Lawyers Association, 2013
  • Presenter, "The Times They are a Changin': Seven Key Regulatory Changes for Researchers and IRBs," Global Conference, Association of Clinical Research Professionals, 2013
  • Author, “Clarifying the Confusing World of Indemnification, Hold Harmless, and Defense Clauses," Teaching Hospitals and Academic Medical Centers and Life Sciences Practice Group Newsletter, American Health Lawyers Association, 2013
  • Presenter, "Hot Trends in Research Compliance: What You Don't Know Can Hurt You," Fraud and Compliance Forum, American Health Lawyers Association, 2012
  • Author, "Research Records and EHRs: Five Practical Tips in a New Compliance Era," Compliance Today, 2012
  • Author, "Is Your Research Data Safe? HHS Seeks to Strengthen Protections Under the Common Rule," HIT News, American Health Lawyers Association, 2012
  • Presenter, "Historic Changes to Simplify the Common Rule: Six Reasons Why Research Compliance Just Became More Difficult," Webinar, Health Care Compliance Association, 2012
  • Presenter, "Is Your IRB Ready? Six Challenges Your IRB Must Master," Legal Issues Affecting Academic Medical Centers and Other Teaching Institutions, American Health Lawyers Association, 2012
  • Author, "The Proposed Changes to the Common Rule: New Role of Local IRBs," In-House Counselor Newsletter, American Health Lawyers Association, 2011
  • Author, Institutional Review Boards: A Primer, Second Edition, American Health Lawyers Association, 2010
  • HIPAA/HITECH and Health Information Technology
  • Presenter, “Foundations in HIPAA - Building Blocks of Health Law,” Webinar, Ober|Kaler Health Care General Counsel Institute, 2014
  • Chapter author, “Enforcement under HIPAA and HITECH: Why You Need to Worry Again About HIPAA,”Health Care IT: The Essential Lawyer’s Guide to Health Care Information Technology and the Law, Section of Science and Technology Law, American Bar Association, 2013
  • Author, "State Healthcare Privacy Laws Survey," Maryland Healthcare Section, American Health Lawyers Association, 2013
  • Author, “HHS Overhaul of HIPAA: Summary of New Obligations for Covered Entities and Business Associates,” Maryland State Bar Association Section of Labor and Employment Newsletter, 2013
  • Presenter, "HITECH and HIPAA: The Final Rule," Webinar, Ober|Kaler Health Care General Counsel Institute, 2013
  • Presenter, "Omnibus HIPAA Rule: Impact on Covered Entities," Webinar, Strafford Publications, 2013
  • Presenter, "HIPAA Audits and the New Audit Protocol," Webinar, Strafford Publications, 2013
  • Presenter, "Data Management for Health Care Organizations," Webinar, Ober|Kaler Health Care General Counsel Institute, 2012
  • Presenter, "Brave New World of HIPAA Compliance," Joint Annual Conference, LifeSpan and Health Facilities Association of Maryland, 2012
  • Presenter, "The Brave New World of HIPAA Compliance and Other OCR Initiatives," Physicians and Physician Organizations Law Institute and Hospitals and Health Systems Law Institute, American Health Lawyers Association, 2012
  • Author, "E-Prescribing and EHR – The Stick is Coming," Maryland Physician Magazine, 2011
  • Presenter, "Social Media, Health Care Privacy and Your Employees: 7 Tips to Avoid HIPAA Violations and Employee Claims," Webinar, Ober|Kaler, 2011
  • Presenter, "Successfully Meeting the Legal and Financial Challenges of EHR Implementation," Healthcare Law & Compliance Institute, International Performance Management Institute, 2011
  • Compliance
  • Presenter, "ACO Formation, Operation and Compliance," 2014 Compliance Institute, Health Care Compliance Association, 2014
  • Presenter, "Implementing and Maintaining an Effective Compliance Program," Beacon Institute, 2013
  • Presenter, "Physician Contracting and Compliance: To Disclose or Not to Disclose," Webinar, Ober|Kaler Health Care General Counsel Institute, 2011
  • Hospital/Physician Relationships, Health Care Transactions and Managed Care Contracting 
  • Presenter, "Structuring Managed Care Contracts: Medicare and Medicaid Considerations for Providers," Webinar, Strafford Publicastions, 2014
  • Presenter, "Post-Deal Integration Specifics: Standardizing Delivery Processes and Contracting," Webinar, Healthcare Financial Management Association and American Health Lawyers Association, 2012
  • Presenter, "Components for Effective Post-Deal Transitions, Integration, and Planning," Webinar, Healthcare Financial Management Association and American Health Lawyers Association, 2012
  • Presenter, "Negotiating Favorable Rates and Terms and Anticipating Areas of Dispute," Managed Care Contracts: Drafting Considerations for Providers, Webinar, Strafford Publications, 2012
  • Presenter, "Courting Physicians: Pros and Cons of the Six Integration Models," Webinar, Ober|Kaler Health Care General Counsel Institute, 2011
  • Medical Staff and Credentialing
  • Presenter, "Unacceptable Physician Behavior: TJC & CMS Requirements for Compliance," Progressive Healthcare Conferences, 2013
  • Presenter, "Disruptive Physicians: A Roadmap to Avoid Dangerous Behavior," Webinar, Ober|Kaler Health Care General Counsel Institute, 2012
  • Author, "Court Finds Board’s Selection of Hearing Panel Turns Due Process 'On Its Head,'" Medical Staff, Credentialing, and Peer Review Practice Group Alert, American Health Lawyers Association, 2011
  • Health Care Construction
  • Co-moderator and panelist, "Emerging Trends in Health Care Construction," Women in Construction Conference, 2011
  • Panelist, Second Annual Health Care Real Estate Summit, BISNOW, 2011
  • Other
  • Presenter, "Foundations in Fraud and Abuse," Webinar, Ober|Kaler Health Care General Counsel Institute, 2013
  • Co-author, "Implementing a Mandatory Flu Shot Policy: What Every Employer Should Know," Smart HR Manager and Maryland State Bar Association Section of Labor and Employment Newsletter, 2013
  • Presenter, “Good Governance for General Counsel: What Your Board Needs to Know Now,” Webinar, Ober|Kaler Health Care General Counsel Institute, 2013
  • Presenter, "Recent Trends in OCR Enforcement: Patient Access and Other Civil Rights Issues," Webinar, Health Care Compliance Association, 2012
  • Co-presenter, "Survival Tactics for General Counsel: Best Practices When the Government is Investigating Your Organization," Webinar, Ober|Kaler Health Care General Counsel Institute, 2012