Jennifer Wintergerst is a member of the firm’s Health Care, White Collar, and Privacy & Data Protection Practice Groups. Her practice focuses on complex health care litigation, investigations, regulatory compliance, and government investigations affecting providers across the health care industry, including matters involving Medicare and Medicaid billing, reimbursement, and enforcement actions.

Jennifer advises health care organizations on Medicare and Medicaid compliance issues, including billing and reimbursement, enrollment, and ownership disclosure obligations. She regularly represents clients in administrative hearings involving payor denials and recoupments as well as provider termination appeals. Her experience includes assisting clients with governmental investigations, identifying potential overpayments, navigating disclosure obligations under the Office of Inspector General (OIG) Self‑Disclosure Protocol, and representing clients in False Claims Act litigation.

A significant portion of Jennifer’s practice involves advising providers on compliance with federal and state health care fraud and abuse laws, including the Anti‑Kickback Statute and the Stark Law. She also conducts internal investigations related to potential overpayments and works with clients to negotiate settlements with the U.S. Department of Justice (DOJ) and the Office of Inspector General (OIG). She also assists clients with OIG exclusion and reinstatement issues, as well as the negotiation and implementation of Corporate Integrity Agreements.

Jennifer represents physicians, pharmacists, nurses, and other licensed professionals in disciplinary proceedings before professional licensing boards and advises providers on government surveys, citations, subpoenas, civil investigative demands, and related enforcement actions and well as accreditation surveys performed by The Joint Commission.

Jennifer also counsels health care clients on data privacy and security matters, including HIPAA compliance and response to data security incidents. She assists clients with internal investigations involving potential data breaches and prepares required reports to the Office for Civil Rights and the Office of Inspector General.

Education

J.D., cum laude, University of Louisville Brandeis School of Law (1999)

B.A., English, cum laude, Indiana University (1995)

• Phi Beta Kappa

Distinctions

• Ones to Watch, The Best Lawyers in America® – Administrative/Regulatory Law (2026)
• Rising Star, Super Lawyers®, part of Thomson Reuters®– Kentucky (2013)

Professional Activities

• Adjunct Health Law Professor, University Of Louisville Brandeis School of Law
• Member, Chair of Health Law Section (2013), Vice Chair (2012), Louisville Bar Association
• Member, Kentucky Bar Association
• Member, Florida Bar Association
• Member, Tennessee Bar Association
• Member, American Bar Association
• Member, American Health Law Association
• Member, Healthcare Fellow, Health Enterprises Network
• Member, Board of Directors, Smoketown Family Wellness Center
• Past Member, Board of Directors, Green Hill Therapy
• Bingham Fellows, Class of 2016, Topic – “Empowering Citizens to Live Healthier Lives”

• Represents clients in administrative actions relating to reimbursement appeals, overpayment demands, provider termination, and OIG exclusion.
• Represents clients in licensure disciplinary proceedings and appeals.
• Represents clients in False Claims Act litigation.
• Advises clients and assists in identifying potential Medicare and Medicaid overpayments and making the appropriate disclosures.
• Assists with Medicare and Medicaid enrollment issues and advises on ownership and adverse action disclosure.

News

• Author, “New Supreme Court Decision Addressing Regulatory Notice and Comment.”Wyatt, Tarrant and Combs, News (June 2019)
• Author, “Tick Tock…Determining when an Overpayment is ‘Identified’ in Light of Healthfirst.” Louisville Bar Association’s Bar Briefs (November 2015)
• Author, “Termination for Claims? CMS Unveils New Computerized Technology Aimed at Targeting False Claims Prior to Payment.” VALEO Magazine (December 2011)

PRESENTATIONS

• “Provider Enrollment Pitfalls” Kentucky Hospital Association’s 93^rd Annual Convention (May 17, 2022)
• “Information Blocking Final Rule” Louisville Health Law Section Webinar (October 14, 2021)
• “Keeping Your Blood Pressure in Check in the Face of a Government Investigation” American College of Cardiology Conference, Kentucky Chapter (October 11, 2019)
• “Don’t Have a Heart Attack: What Every Practice Should Know about the Fraud and Abuse Laws and Government Investigations,” American College of Cardiology Conference, Kentucky Chapter (October 13, 2018)
• “Fraud and Abuse, Cyber Attacks and Other Things that Keep You Up at Night” AAPC – Derby City Coders (March 15, 2018)
• “Trends and Developments in Reimbursement and Overpayment Recovery,” Kentucky Healthcare Financial Management Association’s Summer Institute (July 2016)
• “The Clock is Ticking: Next Steps After Discovering a Compliance Issue,” Kentucky Hospital Association’s 87th Annual Convention (May 13, 2016)
• “Another Audit? Practical Advice for Dealing with Government Enforcement Actions and Other Program Integrity Initiatives,” AAPC (April 21, 2016)
• “Audits, Audits Everywhere…Practical Advice for Practices Dealing with Government Enforcement Actions and Program Integrity Initiatives,” American College of Cardiology Annual Meeting for the Kentucky Chapter (September 26, 2015)
• “Recent Trends in Government Enforcement Actions and Other Recovery Initiatives,” AAPC (July 15, 2014)
• ”Cloudy with a Chance of Recovery: What’s on the Radar with the FCA and the 60 Day Overpayment Rule,” HFMA (July 2014)
• “Every Second Counts: Practical Implications of the 60-Day Rule,” Louisville Bar Association (June 2014)
• “Recent Trends in FCA, RAC and Other Recovery Initiatives,” Louisville Bar Association (June 2014)
• “Recent Trends in Government Enforcement Actions and Program Integrity Efforts,” AAPC (May 24, 2014)
• “The Feds are Here: Now What? What Every Practitioner Needs to Know About Health Care Fraud,” Mississippi Bar Association (May 16, 2014)
• “The Enforcers…Does the term “Strike Force” really belong in healthcare?  Government Enforcement Actions and Program Integrity Efforts,” AAPC (January 9, 2014)
• “CMS’ Two Midnight Rule for Inpatient Admissions,” Kentucky Hospital Association (October 22, 2013)
• “Not If But When…Helping Providers Prepare for the Governmental Audit,” Kentucky CPA Healthcare Conference (May 16, 2013)
• “House Bill 1 Changes to the Controlled Substances Act Impose Onerous Requirements on Practitioners…Kasper: Not so Friendly Anymore,” Professional Health Institute of America (July 17, 2012)
• “The OIG has Exited…Who’s Next? The Collateral Consequences of an IJ,” Kentucky Association of Health Care Facilities (May 31, 2012)
• “…and the Government Taketh Away: Recent Updates on Government Audits,” Healthcare Financial Management Association (March 22, 2012)
• “Life Under the Microscope: Recent Developments in Audits and Investigations” (January 26, 2012)
• “You Can’t Hide from Their Prying Eyes: The Ins and Outs of Government Investigations,” Kentucky Association of Health Care Facilities (November 16, 2011)
• “Chicken Soup for the License: An Introduction to Dealing with Your Regulating Board,” Association of Operating Room Nurses (AORN) (October 4, 2011)
• “Don’t Fear the Auditor: A Practical Approach to Dealing with Program Integrity Initiatives,” Greater Louisville Medical Society (April 14, 2011)
• “RAC n’ Roll: Surviving Increased Recovery Efforts in the Healthcare Reform Era,” Professional Health Institute of America (February 15, 2011)
• “Making the Shield a Sword: How an Intelligent, Proactive Approach to Audits and Self-Reporting Can Protect a Medical Practice,” Zirmed THRIVE Conference (February 9, 2011)
• “Like Pulling Teeth… The Ins and Outs of Dealing with Regulating Agencies: A Best Practices Approach,” Southeastern Kentucky Dental Society (November 18, 2010)

In her free time, Jennifer enjoys cooking, spending time with family and friends and has recently entered the exciting world of dance – learning west coast swing, salsa, bachata, and others.