Jenny’s favorite activity is spending time with her husband and two daughters.
Jennifer M. Nelson Carney is chair of Bricker & Eckler's Health Care industry group. Her practice focuses on the business and regulatory needs of hospitals, health systems, dialysis providers, and other health care entities. She advises clients on the balance of minimizing risk while providing good patient care from intake to discharge.
Jenny counsels on issues surrounding maintenance of patient information, including design and documentation of the medical record, health information technology, Promoting Interoperability, and Information Blocking. Additionally, she helps clients navigate state and federal regulatory issues surrounding mergers and acquisitions of health care entities, including Medicare and Medicaid provider enrollment, CHOWs and revalidations, Medicare Conditions of Participation (CoPs), state and accrediting body survey and certification and licensure issues, RAC appeals, and medical staff privileging and credentialing. Her experience also includes work with medical marijuana/cannabis issues, health care reimbursement, and health care policy issues.
Jenny has twice served as interim in-house counsel for the firm’s health system clients to help the organizations’ legal departments manage complex projects and move their short- and long-term goals forward.
"Jenny Nelson Carney is 'like an extension of our team - I know when I work with her I can expect an extraordinarily quick response and that it will be thoughtful and tailored to what I need.'"
"Jennifer is a pragmatic lawyer who provides a work product that is legally accurate, strategic and communicated in a way that we can understand."
Central Ohio COVID-19 surge facility
Managed, coordinated and prepared legal arrangements necessary to establish a hospital facility for use by several of central Ohio’s primary hospital systems. Facilitated negotiations among three health systems, the surge facility’s primary owner and its food service contractor.
CMS 1135 waiver requests related to COVID-19
Drafted Centers for Medicare and Medicaid Services 1135 waiver request for modifications to federal rules in response to the COVID-19 public health emergency for Ohio hospitals. Also assisted several health systems in specific requests tailored to their operations.
Health system COVID-19 response
Provided 24/7 support to a health system responding to the COVID-19 pandemic. Advised the system on federal and state regulations, including waivers issued as a result of the public health emergency declaration. Also advised on staffing, compensation, quality and patient care issues, as well as expanding telehealth abilities and related reimbursement issues.
Testimony before the Ohio House Health Committee
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).
System-wide electronic medical record system
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.
CMS meaningful use audits
Advised hospitals responding to meaningful use audits of the Centers for Medicare & Medicaid Services (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.
Health system acquisition
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.
Appeals of RAC denials
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.
Medical staff governing documents
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, HFAP, DNV/NIAHO) making recommendations for standardization and industry best practices. Additionally, the team assisted with the implementation of new policies and evaluated peer review policies for effective processes, making recommendations for updates and revisions.
Professional & Community Activities
- Member, American Health Law Association, 2004–present; Women's Leadership Council, 2019-present; Vice Chair, Medical Staff, Credentialing, and Peer Review Practice Group, 2013–2020
- Member, Society of Ohio Healthcare Attorneys, 2004–present
- Member, Women for Economic and Leadership Development (WELD), 2015–present
- Member, Susan G. Komen Public Policy Advisory Board, 2020-present
- Director, Susan G. Komen Columbus Board of Directors, 2019-present
- Member, Friends of the Drexel Board, 2017–present
- Trustee, Clintonville Beechwold Community Resources Center Board, 2009–2017 (Secretary of the Board, 2014–2015)
- Member, The Ohio State University Mortar Board Alumni Council, 2004–2015
- Grant Reader, The Women's Fund of Central Ohio
Presentations & Published Works
- Speaker, "Sponsorship vs. Mentorship 202—Committing to Success ," American Health Law Association Annual Meeting, June 2021
- Speaker, "What to Expect When You're Expecting Post-COVID Litigation and Government Investigations," Ohio Hospital Association Annual Meeting, June 2021
- Speaker, "Information Blocking: When 'To Have and To Hold' Will Get You in Trouble," Ohio Hospital Association Annual Meeting, June 2021
- Author, "Don't Let a "Once In a Lifetime Pandemic" Be a Lifetime Problem for the Women Who Left the Workforce in 2020," AHLA Connections,March 2021
- Speaker, "Post-Pandemic Legal Issues for Hospitals," Ohio Hospital Association Webinar, October 2020
- Speaker, "Interoperability Rule Implementation and Compliance," Ohio Hospital Association Webinar, September 2020
- Featured, "Client Development In Disruptive Times," AHLA's Speaking of Health Law Podcast, August 2020
- Speaker, "Sponsorship vs. Mentorship and Why You Need Both to Succeed," American Health Law Association Annual Meeting, June 2020
- Author, "Portrait of a Mentoring Relationship, In Two Takes," AHLA Connections, November 2019
- Speaker, "Weed Woes: How to Manage Medical Marijuana in Your Hospital," Ohio Hospital Association Annual Meeting, June 2019
- Speaker, "Does the Legal Medical Record Exist Anymore?" 2019 Ohio Health Information Management Association Annual Meeting, March 2019
- Speaker, "Does the Legal Medical Record Exist Anymore?" Ohio Hospital Association Annual Meeting, June 2018
- Speaker, "Medicare Administrative Appeals (PRRB, RACs, Claims and Surveys): Trends and Tips," Ohio Hospital Association Annual Meeting, June 2017
- Speaker, "Privilege, Privilege - Which One's My Privilege? PSOs and Peer Review, a Primer," Ohio Hospital Association Annual Meeting, June 14, 2016
- Speaker, "LMR Wars: Episode 2 - The EHR Strikes Back," Ohio Hospital Association Annual Meeting, June 14, 2016
- Speaker, "Provider and Supplier Enrollment: Challenges and Solutions, Everyday Compliance, and Healthcare Transactions," Ohio Hospital Association Annual Meeting, June 13, 2016
- Speaker, "The Patient Safety Quality Improvement Act vs. Ohio's Peer Review Privilege, 2015 SOHA/OSHRM Fall Conference/Annual Meeting, September 25, 2015; Ohio Hospital Association and Bricker & Eckler Webinar, August 27, 2015
- Speaker, "Not Your Mother’s Medical Record…How EHRs are Redefining the LMR," Ohio Hospital Association Annual Meeting, June 9, 2015
Bar Admissions & Activities
- Admitted, State of Ohio, 2004
- Member, Columbus Bar Association (Bar Admissions Committee, 2007–present)
- Fellow, Ohio State Bar Foundation, 2009
- Member, Ohio Women’s Bar Association, 2017–present
Awards & Recognition
- Recognized, ChambersUSA, Health Care with a Band 4 ranking, 2019, 2021; Up and Coming ranking, 2016–2018
- Listed, Best Lawyers in America (Health Care Law), 2018–2021
- Listed, Ohio Super Lawyers (Health Care), 2020-2021
- Listed, Client Service All-Stars, BTI Consulting Group, 2020
- Named, Forty Under 40, Columbus Business First, 2014
- Member, Leadership Columbus, Class of 2014
- Rising Star, Ohio Super Lawyers (Health Care), 2009–2013
- The Ohio State University (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. and B.S. with distinction), 1998; The Ohio State University Outstanding Senior Award; Undergraduate Student Government Lifetime Achievement Award
Jenny enjoys distance running and has participated in 15+ half and full marathons.
Jenny has been on the Board of Directors of the Clintonville-Beechwold Community Resources Center for five years and loves working with the staff and clients of this wonderful community asset.
Bricker attorneys listed by Super Lawyers for 2020
The 2020 Super Lawyers list of outstanding lawyers includes 31 Bricker attorneys, representing four of the firm’s office locations and 13 areas of practice. Notably, this year’s list includes four newly-listed attorneys, and three attorneys were named to “Top Lists” for Ohio.More Nov 27, 2019