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Allyson Jones Labban

Allyson Jones Labban

Partner

T (336) 378-5261
F (336) 378-5400
Overview

Allyson Jones Labban is a partner in the Health Care practice group. Allyson works with hospitals and other health care providers to identify, respond to, and resolve compliance issues and keep their businesses running. A large part of her practice focuses on State and Federal regulatory compliance and fraud and abuse issues, including HIPAA privacy and security requirements, False Claims Act investigations, Stark and Anti-Kickback compliance, facility and practitioner licensure and compliance with Medicare Conditions of Participation and Joint Commission requirements, and response to OCR and OIG investigations and inquiries.  She assists clients with day-to-day operational, compliance, and risk management activities, including physician and vendor contracting, medical staff matters, and Medicare and Medicaid billing and coding issues.

Allyson is also a member of the firm’s cross-disciplinary cybersecurity team.  She has assisted numerous clients, health care providers and non-health care providers alike, in responding to data security breaches and communicating with affected individuals as well as state and federal regulators.  She also focuses on cybersecurity defense by providing education and counseling regarding cybersecurity and cyber-hygiene best practices and preparing policies and action plans.  Allyson has also assisted various health care start-ups and app developers in complying with HIPAA, FTC regulations including the Children’s Online Privacy Protection Act, telemedicine requirements, and FDA regulations governing the development of mobile medical applications.

As a member of the firm's technology committee, Allyson's interests include developing ways to use technology and project-based pricing to provide an efficient, cost-effective product for clients. She also has a strong interest in bioethics and serves as a member of a local hospital system's ethics committee, where she assists providers and staff in navigating complex patient care and communication issues within the framework of the law and ethical considerations.  Allyson also provides education and training on research ethics and compliance to researchers in the university and private health care settings.

The daughter of a nurse, Allyson's goal with every engagement is that her clients receive the support and help they need on legal issues so that they can focus on patient care, research, and developing innovative health care delivery models.

Achievements
  • North Carolina Super Lawyers, Rising Stars Edition, Listed Health Care (2012, 2013, 2017)
  • Triad Business Journal's "40 Leaders Under Forty" (2013)
Experience

Representative Work

Examples of Allyson's recent work for her clients include:

  • Conducted claim-by-claim analysis of several hundred claims in sample and negotiated a global settlement, including reduced financial penalties and tailored CIA provisions, in a criminal and civil False Claims Act prosecution.
  • Spent the weekend at an out-of-state hospital to provide on-site nursing and physician education, policy and process review and revision, and preparation of plan of correction documents in advance of "third strike" EMTALA survey to avoid termination of participation in Medicare.
  • Prepared comprehensive, turn-key set of HIPAA privacy and security policies for providers across the southeast, tailored to state and federal rules specific to each practice type, along with support by telephone to answer questions about how to best implement the policies and procedures.
  • Reviewed billing and coding records to determine whether claims were appropriately billed as inpatient claims in response to request for self-audit received from ZPIC and advocated on behalf of client in meetings with ZPIC auditors.
  • Worked with a software designer to develop a tailor-made electronic medical record interface for a small treatment provider.
  • Assisted hospital clients in complying with laws governing unique patient populations in their areas, such as military personnel and Native American tribal groups.
  • Provided 24/7 on-call coverage for in-house hospital legal counsel to respond to risk management and crisis situations that arise in counsel's absence.
  • Developed terms of use, acceptable use, and privacy policies for web-based health care startup.
  • Assisted client in responding to hacking of client’s retail website, including data breach notification in 49 states and two U.S. territories.
  • Provided ongoing “overflow” contracting support to legal department of large health care system.
  • Prepared OIG self-disclosure and negotiated reduced overpayment and penalties on behalf of physician practice.
  • Assisted health care startup in analyzing corporate practice of medicine, licensure, and payment regulations and structuring a compliant business model for offering new treatment modality. 


* Past success does not indicate the likelihood of success in any future legal representation.

Thought Leadership

Publications

February 10, 2017
September 2011
October 2009
December 2007
February 2007
February 2007

Published Works

Co-Author of "Breaches Of Unsecured PHI After HITECH: A Suggested Framework For Investigation" – University of Florida Health Science Center Self-Insurance publication- Risk Rx, July 2010

Co-Author, "Preparing for Discovery Depositions: Researching Expert Witnesses " The Defender, Winter 2010

Editor/Author, North Carolina Health Information Management Association Legal Reference Manual (2007)

“Compliance Update: The Impact of the Deficit Reduction Act and the Revised Patients’ Rights CoP on Hospital Providers,” Atlanta Hospital News (March 2007)

“Breach of Contract Claims Under Chapter 75,” North Carolina Bar Association Antitrust News

Community
  • Ethics Committee, Cone Health
Industries
Education
  • Wofford College, B.A., History (Highest Honors) and Spanish, summa cum laude, Phi Beta Kappa, 2001
  • Duke University School of Law, J.D., cum laude, 2004
Admissions
  • North Carolina, 2004
  • United States Court of Appeals, Fourth Circuit, 2008
  • United States District Court for the Middle District, 2004
  • United States District Court, Eastern District of North Carolina, 2007
Affiliations
  • American Bar Association
  • North Carolina Bar Association
    • Health Law Section (past member, Health Law Council)
    • Young Lawyers' Division (past co-chair, Law and Aging Committee and Internet and Communications Committee)
  • American Health Lawyers Association
  • North Carolina Society of Health Care Attorneys
Languages
  • Spanish
DISCLAIMER

Each of our lawyer's e-mail address is provided with his or her biography. If you are not a current client of our firm, you should not e-mail our lawyers with any confidential information or any information about a specific legal matter, given that our firm may presently represent persons or companies who have interests that are adverse to you. If you are not a current client and you e-mail any lawyer in our firm, you do so without any expectation of confidentiality. We will not establish a professional relationship with you via e-mail. Instead, you should contact our firm by telephone so that we can determine whether we are in a position to consult with you about any legal matters before you share any confidential or sensitive information with us.