Overview

Hospitals, health systems, and other health care entities look to attorney Jenny Nelson Carney for their regulatory and business law needs. She advises clients on the balance of minimizing risk while providing good patient care, from intake to discharge.

Jenny counsels on all aspects of provider operations with a specific focus on patient care, health information, and provider licensure/certification/accreditation. Within patient care, Jenny advises on reproductive health care policies, procedures, and specific clinical situations. In her health information work, Jenny assists clients with the design and documentation of the medical record, implementation and optimization of health information technology, compliance with Promoting Interoperability and Information Blocking, and oversight and use of trustworthy artificial intelligence. Clients further count on Jenny to help them navigate state and federal regulatory issues related to mergers and acquisitions of health care entities, including Medicare and Medicaid provider enrollment; changes of ownership and revalidations; Medicare Conditions of Participation; state and accrediting body survey, certification, and licensure issues; and state and federal health policy issues.

Further, Jenny regularly works with clients on structuring, developing, and negotiating health care transactions, including hospital and health system acquisitions and mergers, government hospital conversions, and other business arrangements.

A trusted advisor, Jenny has twice served as interim in-house counsel for health system clients to help their legal departments manage complex projects and move their short- and long-term goals forward.

Before joining Epstein Becker Green, Jenny was the chair of the Health Care industry group of an Ohio law firm. Jenny sits on the Susan G. Komen Public Policy Advisory Board, Sam’s Fans Board of Directors, and the Friends of the Drexel Board.

Focus Areas

Experience

  • Coordinated the operational and licensure needs to establish a COVID-19 hospital surge facility for use by several of central Ohio’s primary hospital systems.
  • Drafted a Centers for Medicare & Medicaid Services (CMS) 1135 waiver request for modifications to federal rules in response to the COVID-19 public health emergency for Ohio hospitals. Jenny also assisted several health systems in specific requests tailored to their operations.
  • Provided 24/7 support to a health system responding to the COVID-19 pandemic. Jenny advised the system on federal and state regulations, including waivers issued as a result of the public health emergency declaration. She also advised on staffing, compensation, quality, and patient care issues, as well as expanding telehealth abilities and related reimbursement issues.
  • Gave testimony before the Ohio House of Representatives Health Committee on behalf of a state-level hospital association regarding medical record contents (H.B. 172).
  • Assisted a large health system with the system-wide implementation of an electronic health records (EHR) system, ensuring legal and regulatory compliance, HIPAA security, and continuity of patient care.
  • Advised hospitals responding to meaningful use audits of the CMS electronic health record incentive payment program, which required analyzing compliance with regulatory requirements for receiving such payments, assisting with preparation of responses, and guiding hospitals through the audit appeal process, when necessary.
  • Served as lead counsel in the acquisition of a nonprofit health system by a health corporation, negotiating the transaction, drafting all corporate documents, conducting due diligence review, and completing all regulatory filings.
  • Guided multiple hospitals and health systems through the Medicare appeals process for Recovery Audit Contractor (RAC) claim denials and overpayment determinations. This matter involved preparing hospitals for RAC audits and managed appeals involving a wide array of billing issues through the Administrative Law Judge hearing process and Medicare Appeals Council (MAC), when necessary.
  • Worked closely with in-house counsel and medical staff leadership of individual hospitals and multi-hospital systems to conduct reviews of medical staff governing bylaws, policies, and procedures for compliance with Medicare conditions of participation and applicable law and private accreditation standards (i.e., TJC, HEAP, DNV/NIAHO), making recommendations for standardization and industry best practices. Additionally, Jenny and her team assisted with the implementation of new policies and evaluated peer review policies for effective processes, making recommendations for updates and revisions.

Recognition

  • The Best Lawyers in America: Health Care Law (2020 to 2025); “Lawyer of the Year” in Health Care Law in Columbus, OH (2022, 2025)
  • BTI Consulting Group: Client Service All-Stars (2020)
  • Chambers USA: The World's Leading Lawyers for Business: Ohio—Health Care, "Leader in Their Field" (2019, 2021 to 2024); "Up and Coming" (2016 to 2018)
  • Ohio State Bar Foundation: Life Fellow (2009 to Present)
  • Ohio Super Lawyers: Health Care (2020, 2021)
  • Columbus Business First: "Forty Under 40" (2014)

Credentials

Education

  • The Ohio State University Moritz College of Law (J.D., 2004)
    • Business Editor, The Ohio State Law Journal
    • Dean’s Merit Award for Excellence
    • Academic Promise Award
    • Arthur and Cora Evans Award
  • The Ohio State University (B.A., B.S., with distinction, 1998)
    • The Ohio State University Outstanding Senior Award
    • Undergraduate Student Government Lifetime Achievement Award

Bar Admissions

  • Ohio

Professional & Community Involvement

  • American Health Law Association: Chair, Women's Leadership Council (2024-2026); Vice Chair, Women's Leadership Council (2019-2024)
  • Columbus Bar Association, Bar Admissions Committee
  • Friends of the Drexel Board: Chair (2024), Director (2017-current)
  • Ohio Women’s Bar Association
  • Sam's Fans Board of Directors
  • Society of Ohio Healthcare Attorneys (SOHA)
  • Susan G. Komen Public Policy Advisory Board

Media

Events

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