Kathleen M. Brown

Senior Attorney

Kathleen M. Brown

Senior Attorney

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Kathleen (“Kat”) Brown’s practice stretches across a broad range of areas in the highly regulated health care space.

Kat routinely assists clients in identifying and navigating potential regulatory pitfalls, including federal and state anti-referral laws, fee splitting and corporate practice of medicine (CPOM) laws, and HIPAA compliance and breach responses. She also counsels clients with questions related to licensure and practitioner scope of practice; pharmacy and wholesale distribution establishment and regulatory compliance; and pharmaceutical drug and device distribution chain questions. Kat also regularly performs health care diligence in large transactions, such as mergers and acquisitions.

Kat’s practice also involves working with nonprofits and charitable organizations at each phase of their lifecycle, from formation, application for federal tax exemption, and registration with state charities bureaus to day-to-day operations and ongoing corporate governance, including assisting organizations to implement policies to comply with their legal and fiduciary duties, inclusive of conflict of interest, whistleblower, and investment policies.

Prior to joining the firm, Kat developed her health care knowledge through her diverse experiences working in private practice, New York State government, government relations, and health care consulting. From that experience, Kat has developed a valuable understanding of the regulatory landscape impacting all provider types, enabling her to effectively and successfully advocate for her clients at all levels of government.

September 22, 2023|Firm News

Garfunkel Wild Attorneys Recognized as 2023 Super Lawyers and Rising Stars

Garfunkel Wild attorneys have once again been selected by their peers for inclusion in the 2023 edition of Super Lawyers.

August 17, 2023|Awards

38 Garfunkel Wild Attorneys Named Among the Best Lawyers in America

Thirty-Eight Garfunkel Wild attorneys were selected by their peers for inclusion in the 2024 editions of The Best Lawyers in America and The Best Lawyers: Ones to Watch.  

September 29, 2022|Awards

33 Garfunkel Wild Attorneys Named 2022 New York Super Lawyers and Rising Stars

Thirty-Three Garfunkel Wild attorneys were selected by their peers for inclusion in 2022 New York Metro Super Lawyers, and 2022 New York Metro/Upstate New York Rising Stars.

September 30, 2021|Awards

Thirty-Six Garfunkel Wild Attorneys Named 2021 New York Super Lawyers and Rising Stars

Thirty-Six Garfunkel Wild attorneys were selected by their peers for inclusion in 2021 New York Metro Super Lawyers, and 2021 New York Metro/Upstate New York Rising Stars.

May 21, 2021|Firm News

Garfunkel Wild Launches Cannabis Law Practice Group

Garfunkel Wild, P.C., a premier law firm with a specialty in health law, is pleased to announce the formal launch of the firm’s multi-disciplinary Cannabis Law Practice Group to help clients navigate the rapidly evolving cannabis landscape and conflicting federal, state, and local laws and regulations.

October 28, 2020|Awards

Thirty-Six Garfunkel Wild Attorneys Named 2020 New York Super Lawyers and Rising Stars

Thirty-Six Garfunkel Wild attorneys were selected by their peers for inclusion in 2020 New York Metro Super Lawyers, and 2020 New York Metro/Upstate Rising Stars.

August 15, 2024|Firm News

38 Garfunkel Wild Attorneys Named in Best Lawyers in America 2025

Garfunkel Wild received prominent recognition in the 2025 editions of The Best Lawyers in America and The Best Lawyers in America: Ones to Watch. A total of 38 attorneys were honored with 59 individual recognitions across various practices and offices nationwide. Additionally, 3 Garfunkel Wild attorneys were distinguished as Lawyer of the Year, an accolade awarded to only one […]

October 24, 2024|Firm News

36 Garfunkel Wild Attorneys Recognized as 2024 Super Lawyers, Rising Stars

Super Lawyers has recognized 36 Garfunkel Wild Attorneys across a range of the firm’s practice areas to the 2024 Super Lawyers and Rising Stars list.

November 26, 2024|Events

The Brave New World of Telehealth Post COVID – What You Need to Know

Garfunkel Wild’s Stacey L. Gulick and Kathleen M. Brown will present the webinar “The Brave New World of Telehealth Post COVID - What You Need to Know ” on December 12, 2024, from 12:00 PM – 1:00 PM ET.

November 18, 2024|Alerts

DEA Extends Telemedicine Prescription Rules Through 2025

The Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) have jointly issued a third emergency extension allowing health care practitioners to prescribe Schedule II-V controlled substances via audio-video telemedicine encounters without an initial in-person evaluation. This extension, effective from January 1, 2025 through December 31, 2025, also provides the DEA with additional time to finalize permanent regulations for prescribing controlled substances through telemedicine.

October 15, 2024|Alerts

New York Hospital Cybersecurity Regulations Announced

On October 12, 2024, the New York State Department of Health (“DOH”) published the final cybersecurity regulations for general hospitals (the “Regulations”), with some provisions effective immediately.

October 7, 2024|Events

2024 New Jersey Primary Care Association (“NJPCA”) Annual Conference

Andrew E. Blustein and Kathleen M. Brown will present "Compliance and Governance: Maintaining Operational Excellence for FQHCs" at the 2024 New Jersey Primary Care Association (“NJPCA”) Annual Conference, on October 10th. 

May 20, 2024|Alerts

Telehealth Update: NY Proposes Controlled Substance Prescribing, Waiting on DEA

On May 15, 2024, the New York State Department of Health (DOH) announced a pivotal change in its regulations, as it intends to permit health care providers to use telemedicine to conduct patient evaluations before prescribing controlled substances. Prior to the COVID-19 pandemic, DOH required health care providers to perform an initial in-person physical evaluation of patients before prescribing controlled substances.

May 8, 2024|Alerts

HIPAA Amendment Bolsters Privacy for Reproductive & Substance Use Disorder Care

The HIPAA Privacy Rule to Support Reproductive Health Care Privacy was recently announced as a final rule that becomes effective on June 25, 2024 (the “Final Rule”).  

March 13, 2024|Alerts

CMS Announces Payment Program for Providers Impacted by Change Healthcare Cyberattack

On March 9, 2024, CMS announced it will make available Change Healthcare/Optum Payment Disruption accelerated payments to providers experiencing potentially significant cash-flow problems as a result of the cyberattack on UnitedHealth Group’s subsidiary Change Healthcare/Optum .

Additional speaking & writing

Publications

  • Authored chapters entitled “Immunizations” and “Issues Involving Infectious Diseases” in the Legal Manual for New York Physicians (Sixth Edition)

Kathleen (“Kat”) Brown’s practice stretches across a broad range of areas in the highly regulated health care space.

Kat routinely assists clients in identifying and navigating potential regulatory pitfalls, including federal and state anti-referral laws, fee splitting and corporate practice of medicine (CPOM) laws, and HIPAA compliance and breach responses. She also counsels clients with questions related to licensure and practitioner scope of practice; pharmacy and wholesale distribution establishment and regulatory compliance; and pharmaceutical drug and device distribution chain questions. Kat also regularly performs health care diligence in large transactions, such as mergers and acquisitions.

Kat’s practice also involves working with nonprofits and charitable organizations at each phase of their lifecycle, from formation, application for federal tax exemption, and registration with state charities bureaus to day-to-day operations and ongoing corporate governance, including assisting organizations to implement policies to comply with their legal and fiduciary duties, inclusive of conflict of interest, whistleblower, and investment policies.

Prior to joining the firm, Kat developed her health care knowledge through her diverse experiences working in private practice, New York State government, government relations, and health care consulting. From that experience, Kat has developed a valuable understanding of the regulatory landscape impacting all provider types, enabling her to effectively and successfully advocate for her clients at all levels of government.

May 20, 2024

Telehealth Update: NY Proposes Controlled Substance Prescribing, Waiting on DEA

On May 15, 2024, the New York State Department of Health (DOH) announced a pivotal change in its regulations, as it intends to permit health care providers to use telemedicine to conduct patient evaluations before prescribing controlled substances. Prior to the COVID-19 pandemic, DOH required health care providers to perform an initial in-person physical evaluation of patients before prescribing controlled substances.

May 8, 2024

HIPAA Amendment Bolsters Privacy for Reproductive & Substance Use Disorder Care

The HIPAA Privacy Rule to Support Reproductive Health Care Privacy was recently announced as a final rule that becomes effective on June 25, 2024 (the “Final Rule”).  

March 13, 2024

CMS Announces Payment Program for Providers Impacted by Change Healthcare Cyberattack

On March 9, 2024, CMS announced it will make available Change Healthcare/Optum Payment Disruption accelerated payments to providers experiencing potentially significant cash-flow problems as a result of the cyberattack on UnitedHealth Group’s subsidiary Change Healthcare/Optum .

October 7, 2024

2024 New Jersey Primary Care Association (“NJPCA”) Annual Conference

Andrew E. Blustein and Kathleen M. Brown will present "Compliance and Governance: Maintaining Operational Excellence for FQHCs" at the 2024 New Jersey Primary Care Association (“NJPCA”) Annual Conference, on October 10th. 

October 15, 2024

New York Hospital Cybersecurity Regulations Announced

On October 12, 2024, the New York State Department of Health (“DOH”) published the final cybersecurity regulations for general hospitals (the “Regulations”), with some provisions effective immediately.

November 18, 2024

DEA Extends Telemedicine Prescription Rules Through 2025

The Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) have jointly issued a third emergency extension allowing health care practitioners to prescribe Schedule II-V controlled substances via audio-video telemedicine encounters without an initial in-person evaluation. This extension, effective from January 1, 2025 through December 31, 2025, also provides the DEA with additional time to finalize permanent regulations for prescribing controlled substances through telemedicine.

November 26, 2024

The Brave New World of Telehealth Post COVID – What You Need to Know

Garfunkel Wild’s Stacey L. Gulick and Kathleen M. Brown will present the webinar “The Brave New World of Telehealth Post COVID - What You Need to Know ” on December 12, 2024, from 12:00 PM – 1:00 PM ET.

November 26, 2024|Events

The Brave New World of Telehealth Post COVID – What You Need to Know

Garfunkel Wild’s Stacey L. Gulick and Kathleen M. Brown will present the webinar “The Brave New World of Telehealth Post COVID - What You Need to Know ” on December 12, 2024, from 12:00 PM – 1:00 PM ET.

November 18, 2024|Alerts

DEA Extends Telemedicine Prescription Rules Through 2025

The Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) have jointly issued a third emergency extension allowing health care practitioners to prescribe Schedule II-V controlled substances via audio-video telemedicine encounters without an initial in-person evaluation. This extension, effective from January 1, 2025 through December 31, 2025, also provides the DEA with additional time to finalize permanent regulations for prescribing controlled substances through telemedicine.

October 15, 2024|Alerts

New York Hospital Cybersecurity Regulations Announced

On October 12, 2024, the New York State Department of Health (“DOH”) published the final cybersecurity regulations for general hospitals (the “Regulations”), with some provisions effective immediately.

October 7, 2024|Events

2024 New Jersey Primary Care Association (“NJPCA”) Annual Conference

Andrew E. Blustein and Kathleen M. Brown will present "Compliance and Governance: Maintaining Operational Excellence for FQHCs" at the 2024 New Jersey Primary Care Association (“NJPCA”) Annual Conference, on October 10th. 

May 20, 2024|Alerts

Telehealth Update: NY Proposes Controlled Substance Prescribing, Waiting on DEA

On May 15, 2024, the New York State Department of Health (DOH) announced a pivotal change in its regulations, as it intends to permit health care providers to use telemedicine to conduct patient evaluations before prescribing controlled substances. Prior to the COVID-19 pandemic, DOH required health care providers to perform an initial in-person physical evaluation of patients before prescribing controlled substances.

May 8, 2024|Alerts

HIPAA Amendment Bolsters Privacy for Reproductive & Substance Use Disorder Care

The HIPAA Privacy Rule to Support Reproductive Health Care Privacy was recently announced as a final rule that becomes effective on June 25, 2024 (the “Final Rule”).  

March 13, 2024|Alerts

CMS Announces Payment Program for Providers Impacted by Change Healthcare Cyberattack

On March 9, 2024, CMS announced it will make available Change Healthcare/Optum Payment Disruption accelerated payments to providers experiencing potentially significant cash-flow problems as a result of the cyberattack on UnitedHealth Group’s subsidiary Change Healthcare/Optum .

Additional speaking & writing

Publications

  • Authored chapters entitled “Immunizations” and “Issues Involving Infectious Diseases” in the Legal Manual for New York Physicians (Sixth Edition)
Education
J.D.,
Albany Law School,
2014,
  • cum laude
  • Kate Stoneman Award, 2014
  • Student Service Award, 2013
,


B.A.,
St. John’s University,
2004,
  • cum laude, Criminal Justice
,
Bar Admissions

New York

Court admissions

U.S. District Court: Northern District of New York

PROFESSIONAL MEMBERSHIPS

Women’s Bar Association of the State of New York (WBASNY); 2011 to present

Capital District Women’s Bar Association (CDWBA); 2011 to present

New York State Bar Association (NYSBA); 2011 to present

American Health Law Association

Committee on Character & Fitness, NYS Supreme Court, Appellate Division, 3rd Judicial Department

AWARDS & RANKINGS

Best Lawyers in America® Ones to Watch – Health Care Law (2024-2025)

Super Lawyers – Upstate New York Rising Star (2020-2024)