H. Kennedy Hudner

H. Kennedy Hudner is the former Chair of the Health Care Department at Murtha Cullina, and has been a member of the Firm’s Health Care Practice Group for over 28 years. He provides legal advice to hospital and physician clients in the areas of Medicare billing assignment issues, Fraud and Abuse (Stark II anti-referral and anti-kickback), HIPAA and HITECH medical records privacy compliance matters and Cloud Hosting arrangements. He also represents hospitals and physicians with regard to managed care contracting issues and payment disputes, joint ventures, the creation of ASCs, practice acquisitions, and in Certificate of Need applications before the Office of Health Care Access. He has extensive experience in the analysis, negotiating and drafting of a wide variety of health care-related contracts. These include documents required for physician hospital organizations, independent practice associations, management service organizations, medical staff bylaw documents, radiology service agreements, anesthesia service agreements, laboratory service agreements, and physician provider agreements, both with IPAs and with payors (fixed fee and risk sharing). Mr. Hudner also represents physicians and hospitals in their dealings with regulatory agencies such as the Department of Public Health, the Department of Justice, Office of Inspector General and the Nuclear Regulatory Commission. His health care litigation experience includes representation of hospitals in proceedings before the Office of Health Care Access, medical staff credentialing disputes and health care-related antitrust litigation.

Kennedy has lectured on Stark II, Fraud and Abuse, HIPAA privacy, Cloud Hosting, The Two Midnight Rule and Medicare compliance issues, as well as antitrust, contract and physician integration issues to the Connecticut Healthcare Financial Management Association, the Connecticut Hospital Association, Stamford Medical Society, Danbury Medical Society, Fairfield County Medical Association, Connecticut Ophthalmology Managers Association, Connecticut Medical Group Managers Association, the Connecticut Society of Eye Physicians, the Hartford and New Haven County Medical Associations, the Connecticut Society of Dermatologists, the Massachusetts Hospital Association and the Massachusetts Society of Information Managers.

• Distributor, Dealer, Franchise Group
• Health Care
• Information Security and Privacy
• Intellectual Property
• Licensing and Trademark
• Privately Owned Businesses

• National Health Lawyers Association
• American Bar Association Health Law Litigation Committee

• Listed as leading health care lawyer in Chambers USA, Chambers & Partners-Publishing (ChambersandPartners.com)

• Listed in The Best Lawyers in America® in the area of Health Care Law since 2006 (Copyright 2015 by Woodward/White, Inc., Aiken, SC)

• Holds an AV® Preeminent™ Peer Rating from Martindale-Hubbell

• August 15, 2017 - 35 Murtha Cullina Attorneys Receive “Best Lawyers in America” Recognition; Three Named “Lawyer of the Year”
• August 16, 2016 - Attorneys Receive "Best Lawyers" Recognition
• May 27, 2016 - Murtha Cullina Recognized by Chambers USA
• Murtha Cullina Attorney Authors Science Fiction Book

• Health Care Transactions in CT: Recent Market and Process Developments
• Limits of Liability & Indemnity in Contracts for the Purchase & Sale of Goods & Services

• December 2014 - Annual Reporting of Number of Physicians
• October 2014 - State Attorney General Issues Guidance Regarding the Reporting of Certain Physician Transactions
• September 2014 - Selling a Medical Practice, Part II
• June 2014 - More Regulations Affecting Physicians and Hospitals
• Hospital Acquisition of a Large Physician Practice Draws Federal Antitrust Enforcement
• Finally! Final Rule for the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA)
• The Stuff of Nightmares: EMR Vendor Cuts Off Access to Medical Records, Leaves Health Center in Very Bad Place
• OIG Rejects a New Twist on Pod Labs
• More Tinkering with the Medicare Hospital Readmissions Reduction Program
• Information Security and Privacy Update, September 2012
• Massachusetts Provider to Pay $1.5 Million to Resolve HIPAA Violations
• New OIG Alert Warns Physicians to Use Caution When Assigning Their Right to Bill & Collect Medicare Claims
• OCR Rolls Out HIPAA Audit Program
• Connecticut Supreme Court Issues A Stern Reminder In Medical Staff Termination Cases: Follow Your Bylaws Or Else!
• Significant Changes to CON Laws Proposed
• OIG 2008 Advisory Opinion Disapproves Arrangement Between Physician Practices as a Suspect Joint Venture
• A Federal Court Denies Right of Out-Of-Network Physicians to Balance Bill Patients in Connecticut
• Stark III Regulations: Some Changes, Several Clarifications, Important Changes to Physician Recruitment and Calculation of Fair Market Value
• Death Knell for "Click Fees" and "Under Arrangement" Deals? CMS Proposes Changes, Solicits Comments on Major Stark and Medicare Billing Issues
• Supreme Court Lifts Ban on Resale Price Maintenance
• OIG Angst Makes ASC Buyouts By Hospitals More Problematic
• FTC Issues Consent Order to Prohibit Price Fixing and Boycotts by Nine PHOs and 3,000 Physicians
• OHCA and DPH Remind Certain Physicians' Offices Providing Outpatient Surgical Services ("OSF") to Immediately...

• June 22, 2017 - H. Kennedy Hudner, Burt Cohen and Stephanie Sobkowiak to present at "Sales of Goods, Software/Cloud Licensing, Indemnifications, Cyber Security Issues in Contracting" CLE
• Major Issues in Medical Practice Integration with Hospitals: Taking the Big Step
• Connecticut HFMA - Connecticut Legal Update
• Physician Integration Strategies - Practical, Legal and Financial Considerations
• Institute of Supply Management
• Health Care Reform: What it Means to You, Your Patients and Your Practice
• CT-HFMA Legal Update - February 2011
• CT-HFMA Legal Update
• Contracts for Goods & Services Revisited

• Massachusetts
• Connecticut
• U.S. District Court, District of Connecticut

• Yale University (J.D., 1978)
• Northeastern University (B.A., 1973)