kelly@hkhealthlaw.com

(503) 310-2475

Kelly Knivila

Kelly Knivila is a healthcare regulatory lawyer who specializes in helping clients solve problems with federal and state regulatory agencies. She has deep experience in the Medicaid program having spent over three decades representing Medicaid Managed Care Organizations (CCOs), providers, and state Medicaid agencies on a wide array of regulatory issues.

Kelly has significant expertise in the laws and regulations that impact behavioral health providers and is a trusted advisor to many of Oregon’s community mental health programs.

Kelly regularly counsels clients on a variety of other healthcare laws including Medicaid and Medicare billing requirements, physician self-referral laws (the federal Stark Law and similar state laws), the anti-kickback statute, self-disclosures, internal investigations and compliance programs.

In recent years, Kelly has been enjoying serving as a mediator in complex healthcare disputes.

When she’s not practicing law, Kelly likes to hike with her husband and dogs in the beautiful Pacific Northwest.

Experience

  • Coordinated Care Organizations

    Representation of Medicaid ManagedCoordinated Care Organization in dispute with state Medicaid agency concerning enrollee assignment methodology.

    Regularly advise on complex Coordinated Care Organization provider agreements including complex value-based payment arrangements.

    Representation of Coordinated Care Organization in dispute with state Medicaid agency over enrollment allocations resulting in successful mediated resolution and agreement over future process.

    Representation of Coordinated Care Organization in dispute with the Oregon Health Authority regarding actuarial soundness of rate-setting methodology resulting in mediated resolution.

  • Behavioral Health

    Advised Regularly advise behavioral health providers regarding applicability of Medicaid exclusion for Institutions for Mental Diseases (IMDs).

    Regularly advise behavioral health providers on the applicability of 42 CFR Part 2 including in mixed-use facility organizations.

    Representation of county behavioral health program in responding to audit by state Medicaid agency and Medicaid Managed Care Organization.

    Representation of Community Mental Health Program in OHA extrapolation audit of mental health and substance use disorder services resulting in settlement resulting in withdrawal of audit in favor of provider self-audit.

  • Audits Investigations and Self-Disclosures

    Conducted multiple internal investigations of allegations of billing fraud for physician groups, hospitals, mental health providers, and physical therapy provider.

    Represented multiple providers in defending against OHA extrapolation audits typically resulting in settlements with significant reductions in amount owed.

    Advised multiple providers on state and federal self-disclosure obligations and negotiated favorable resolutions upon self-disclosure.

    Assisted federally qualified health center with self-disclosure to Health Resources & Services Administration (HRSA) regarding failure to comply with conflict of interest regulations.

  • Stark Law

    Representation of physician group in self-disclosure of potential Stark Law violations related to physician compensation model.

    Representation of hospital in self-disclosure of potential Stark Law violations related to physician leasing arrangements.

  • Provider Experience

    Advised Urban Indian Health Program regarding Medicaid and Indian Health Care Improvement Act program protections for Indians, laws and regulations.

    Advised federally qualified health center concerning supplemental payment (wrap) filings and regulations.

    Assisted community mental health program to appeal OHA contractor’s denial of authorization and level of care determinations. consultation with state Medicaid agency and applicability of 100% FMAP policy

    Representation of national retainer medical practice service provider in negotiated resolution of regulatory concerns raised by Oregon Department of Consumer and Business Services.

  • Complex Agency Disputes

    Representation of health care service contractor related to the Oregon Department of Consumer and Business Services’ investigation into potential violations of Insurance Code financial reporting regulations resulting in successful Global Settlement resolution.

    Representation of home health nurses in dispute over ongoing and planned Oregon Health Authority extrapolation audits; agency agreed to withdraw audit plan in favor of education and training.

    Representation of child caring agencies in dispute over planned Medicaid rate cuts; successfully stopped the rate reduction and negotiated a resolution increasing provider rates.

Credentials

  • Partner, Stoel Rives, LLP (2003-2023), served as Executive Committee Member (5 years) and Health Care Industry Group Co-Chair/Chair (3 years)

    Associate, Stoel Rives (1992-1994, 2003-2009)

    Assistant Attorney General, Oregon Department of Justice (1994-2003)

    Associate, Covington Burling, LLP (1989-1992)

  • Included in The Best Lawyers in America® (currently: Health Care Law), 2016–2023

    Listed in Oregon Super Lawyers® (Health Care), 2017–2022

    Named a Portland Business Journal Women of Influence Award Winner, 2020

    Member, American Health Lawyers Association

    Member, American Bar Association, Health Law Section

    Member; Past Chair, 2012; Chair, 2011; Chair-elect, 2010; Treasurer, 2009; Oregon State Bar, Health Law Section

    Member, Morrison Child and Family Services, Board Member, 2023-Current

    Past Member, Cascadia Behavioral Healthcare Gala Committee, 2018–2020

    Past Member, Board of Trustees, Randall Children’s Hospital Foundation, 2014–2019

    Member, Oregon DHS, Office of Payment Accuracy and Recovery, Rule Advisory Committee, 2010

    Past Vice Chair, Board of Directors, Southwest Community Health Center

  • Georgetown University Law Center, J.D., 1989, magna cum laude; Senior Articles Editor, Georgetown Law Journal; Dean's List—all years

    Western Oregon State College, B.A., 1986; Senior Woman of the Year; Federation of Teachers' Scholarship Award; Dean's List—all years