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Law Professional

P: (612) 564-1927
F: (612) 326-0996
E: sziel@kdlegal.com

Minneapolis Office
60 South 6th Street
Suite 2310
Minneapolis, MN 55402

P: (317) 238-6244

Carmel Office
12800 North Meridian Street
Suite 300
Carmel, IN 46032-9422

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Practice and Industry Teams

Susan E. Ziel

Partner

Susan Ziel is a nurse attorney and partner with the law firm of Krieg DeVault LLP. Ms. Ziel is a Core Member of both the Health Care and Life Sciences Practice Groups and she represents and advises the firm’s clients regarding many significant legal and regulatory issues, including but not limited to, security breach incidents involving protected health information and other personal information; corporate compliance effectiveness audits; fraud and abuse allegations and related government audits, investigations and enforcement actions and integrity agreements; and licensure, peer review and contractual matters.

In addition to serving as a regular speaker and author, Ms. Ziel is active in numerous professional organizations, including but not limited to, the American Bar Association (ABA), the American Health Lawyers Association (AHLA), The American Association of Nurse Attorneys (TAANA), the Medical Group Management Association (MGMA), the American Health Information Management Association (AHIMA), the Healthcare Financial Management Association (HFMA), the Health Care Compliance Association (HCCA) and Sigma Theta Tau, an international nursing honor society.

Ms. Ziel serves on the Advisory Board of the University of Michigan School of Public Health’s Center of Health, Law and Ethics and she is the former Board Chair of The American Association of Nurse Attorneys, Executive Women in Health Care and the Carmel (Indiana) Chamber of Commerce. She also currently chairs the Circle of Red and serves on the Executive Leadership Team responsible for the American Heart Association’s Go Red for Women campaign in Minnesota’s Twin Cities.

Ms. Ziel is a graduate of Madonna University’s School of Nursing, the University of Michigan’s School of Public Health and the University of South Carolina’s School of Law. She has also completed graduate studies at the Royal College of Nursing in London, England.

Ms. Ziel resides in Minneapolis, Minnesota with her husband, Daniel J. Pesut, PhD RN FAAN who serves as the Katherine R. and C. Walton Lillehei Chair in Nursing Leadership at the University of Minnesota School of Nursing, however she works out of the firm’s Indianapolis, Chicago and Twin Cities' offices in serving firm clients across the country. 

Representative Experience

  • HIPAA/HITECH and other applicable Federal and State law requirements governing the privacy and security of Protected Health Information (PHI) and other Personal Information; identification, mitigation, investigation and correction of Privacy and Security Breach incidents; HIPAA/HITECH compliance programs for both Covered Entities and Business Associates; health information exchange (HIE) arrangements; representation of Covered Entities and Business Associates in audits, compliance reviews, investigations, subpoenas, and enforcement actions initiated by Federal and State government agencies
  • EHR Certification and Meaningful Use requirements applicable to selection and implementation of electronic health records (EHR) by eligible hospitals and professionals; EHR incentive payment procedures
  • Fraud and Abuse requirements governing providers, suppliers and life science manufacturers and their respective financial relationships and reimbursement matters; corporate compliance programs; conduct of internal, independent compliance audits pursuant to attorney-client privilege; contract negotiations; provider and supplier self-disclosure procedures; represent and advise regarding audits, investigations, subpoenas and enforcement actions initiated by Federal and State government agencies; negotiation of settlement agreements, Corporate Integrity Agreements (CIA) and conduct of CIA compliance procedures
  • Licensure and Certification of health care entities, physicians and other non-physician practitioners; contract negotiations; represent and advise regarding audits, surveys, investigations, subpoenas and enforcement actions initiated by Licensing and Certification bodies
  • Quality and Peer Review matters; drafting of Bylaws, Rules and Regulations and other related policies and procedures; establishing safeguards to protect privileged communications; represent and advise entities, physicians and other non-physician practitioners regarding fair hearings, appeals and NPDB adverse action reports; hearing officer duties

Education

  • University of South Carolina School of Law, Columbia, South Carolina (J.D., 1991)
    • University of South Carolina Law Review, Associate Editor, 1988-1991
  • University of Michigan, Ann Arbor, Michigan (M.P.H., 1984)
  • Royal College of Nursing, London, England (1980)
  • Madonna University, Livonia, Michigan (B.S.N., 1980)

Bar Admissions

  • Minnesota, 2012
  • Indiana, 1998
  • South Carolina, 1991

Professional Associations

  • Aging Services of Minnesota
  • American Bar Association
  • American Health Information Management Association
  • American Health Lawyers Association
  • University of Michigan School of Public Health, Center for Health, Law and Ethics (2003-present)
  • American Heart Association, Midwest Affiliate (Minnesota) Go Red Executive Leadership Team (2012); Circle of Red Chair (2008-2011); Midwest Affiliate (Indiana) Go Red Executive Leadership Committee (2006-2008); Go Red for Women Silent Auction Committee (2004-2005)
  • Carmel Chamber of Commerce Board of Directors, Past Chair (2012), Board of Directors (2010-2012), Membership Committee (2009)
  • Executive Women in Health Care, Inc., President (2001-2003); President Elect (2000); Board of Directors (1998-2003); Program Committee (1997-2000)
  • Sigma Theta Tau, International Honor Society of Nursing (1980-Present)
  • Health Care Compliance Association (2000-present)
  • Medical Group Management Association and Indiana, Minnesota chapters (1999-present)
  • Healthcare Financial Management Association and Indiana, Minnesota chapters (2011-present)
  • Indiana State Bar Association (1998-present), Health Law Section
  • Indianapolis Bar Association (1998-present), Health Law Section
  • Minnesota Care Providers (2013)
  • Minnesota Hospital Association (2013)
  • Mental Health Association for Hamilton County, President (2000-2001); Vice President (1998-2000); Board of Directors (1998-2001)
  • National Association of Medical Staff Services (NAMSS) (2007-2011)
  • Prevail, Inc., Board of Directors (2008-2010)
  • The American Association of Nurse Attorneys (1991-present); President (2005); President-Elect (2004); Recording Secretary and Editor of INSIDE TAANA (2003); Board of Directors (2002-2005)
  • Indiana Chapter of TAANA (1998-present); President (2000-2002)
  • The Journal of Nursing Law Editorial Board (1996-1999)

Awards and Recognitions

  • Member Leadership Excellence Award, Executive Women in Health Care, 2005
  • Dorothy Ford Buschman Presidential Award, Sigma Theta Tau International, 2005
  • Cynthia J. Northrup Distinguished Service Award, The American Association of Nurse Attorneys, 2005
  • Featured as Nurse Attorney and President of TAANA by Indianapolis Star in December 2005 Article
  • Featured as Nurse Attorney by Indianapolis Star in May 1999 Article
  • Featured by American Bar Association in September 1995 Issue of Barrister as 1 of 21 Young Lawyers Leading Profession into 21st Century ("A Lawyer's Zeal Transforms a School")
  • South Carolina's Young Lawyer of the Year Award, 1994
  • South Carolina State Board of Education Award, 1994
  • United Way of the Midlands Volunteer of the Year, 1994
  • Who's Who Among American Law Students, 1989, 1990, 1991
  • Outstanding Young Woman of America, 1981, 1984, 1986

Seminars and Presentations

  • "The SNF Perfect Storm: A Convergence of Quality, Compliance and Risk Management", 2013 OHCA Annual Convention; 2013 AHLA/HCCA Fraud & Compliance Forum; 2013 LeadingAge Indiana Fall Conference; 2013 Indiana Health Care Association (IHCA) Annual Meeting; 2013 Minnesota Care Providers Convention
  • "The Business Associate Agreement", Minnesota State Bar Association Continuing Legal Education, 2013
  • "HIPAA HITECH Update", 4th Annual ISBA Health Law Symposium, 2013
  • "HIPAA in a HITECH World", Minnesota Hospital Association Trustee Conference; Minnesota MGMA Conference, 2013
  • "HIPAA, HITECH and Mobile Devices: Essential Safeguards", webinar for Inquisit, Inc.
  • "New HIPAA/HITECH Requirements Require Compliance by Both SNFs and ALFs Providing Medicaid Waiver Services", webinar for LeadingAge Indiana, 2013
  • "Effective Management of Physician "Outside Activities" to Limit Your Risks", Indiana Orthopedic Society/Indiana Association of Orthopedic Executives, 2013
  • "Final Rules under the Health Information Technology for Economic and Clinical Health ("HITECH") Act", 2013
  • "Executive Leadership Development Presentation: Legal and Operational Issues", Healthcare Business Management Association (HBMA) 2013 Executive Development Summit, Washington, DC, 2013
  • "HIPAA/HITECH Breach: It Will Happen...Are You Ready?" American Association of Orthopaedic Executives' (AAOE) 2013 Annual Conference, San Diego, CA, 2013
  • "Current Fraud and Abuse Requirements Governing Health Care Business Relationships...Are You Up-to-Date?" webinar presentation for Inquisit, Inc., 2013
  • "HIPAA/HITECH Update: Audits, Investigations and Penalties...Oh My!," Indiana Association of Rehabilitation Facilities, 2013
  • "Get to Know the New HIPAA Rules", Minnesota State Bar Association - Health Law Section
  • "2012 Year in Review: Health Law Update", Indiana Bar Association, December 2012
  • "A Medical Practice Workshop - Best Practices for Managing Change", Krieg DeVault, IMGMA and IHFMA, November 2012
  • "Ensuring IT Security: Best Practices for Performing Proactive Security Audits", FierceHealthIT Daily News for Healthcare Webinar, 2012
  •  "LTC Issues of Interest to HFMA Members", Indiana HFMA, 2012
  • "The 'Top Ten' Compliance Issues in Long Term Care Law", Indiana University School of Law: Biomedical and Health Industry Law and Compliance Conference, 2012
  • "Executive Leadership Development Presentation: Legal and Operational Issues", Healthcare Billing & Management Association's Executive Development, 2012
  • "Legal & Operations Module", Healthcare Billing & Management Association's Executive Development, 2012
  • "The 'Top Ten' Compliance Issues in Long Term Care", Indiana Health Care Association Annual Convention, 2012
  • "HIPAA/HITECH: Are You Ready for the OCR Audits", Indiana Association of Orthopaedic Executives, 2012
  • "Health Care Collections: Legal and Regulatory Considerations", Indiana HFMA and Indiana MGMA, 2012
  • "POLST and Other Health Care Decision-Making Tools", Indiana Medical Directors Association, 2012
  • "2011 Medicare/Medicaid RAC Program Update for Long Term Care", Indiana Health Care Association, 2011
  • "The Essentials of Compliance and How to Properly Maintain Health Records", Indiana State Medical Association, 2011
  • "Compliance Update Webinar", HFMA, 2011
  • "Compliance and Medical Records Update", Indiana State Medical Association, 2011
  • "2011 Medicare RAC Region B Program Update", IHA Annual Meeting, 2011
  • "Maximizing EHR Funding Opportunities", Annual Krieg DeVault - ISMA - IMGMA Conference, 2011
  • "The 'Top Ten' Legal and Regulatory Issues in Orthopedics Today", Indiana Association of Orthopaedic Executives, 2011
  • "Legal/Operations Module", Healthcare Billing and Management Association, 2011
  • "Physicians and Device Companies: Understanding the Rules of the Road", OthroTec E-Newsletter, 2011
  • "New Developments in SNF-Medical Director Arrangements Under Medicare and ISDH Requirements", Indiana Health Care Association and Indiana Medical Directors Association Webinar, 2011
  • "Long Term Care Symposium", Krieg DeVault & Frost, Ruttenberg & Rothblatt, PC Seminar, 2011
  • "PPACA and HITECH Update", Illinois Association of Ophthalmology and Chicago Ophthalmological Society, 2011
  • "Social Media for Physician Practices", Indiana State Medical Association: Social Media Webinar, 2011
  • "What Hospitals Need to Know Before Purchasing EMR for Physicians", FMA Webinar, 2011
  • "2010 Legal Update for Indiana Long-Term Care Physicians and Medical Directors", American College of Physicians - Indiana Chapter and Indiana Medical Directors Association (IMDA), 2010
  • "2010 Legal Update", Wisconsin Orthopaedic Society Annual Meeting, 2010
  • "EMR 'Integration' Issues for Hospitals, Physicians and Others on the Healthcare Food Chain", KD 2010 Nonprofit Healthcare Workshop, 2010
  • "Does Your Organization's Medical Staff Bylaws, Rules and Regulations Effectively Communication and Enforce HIPAA Compliance?", Annual Convention of National Association of Medical Staff Services (NAMSS), 2010
  • "Accountable Care Organizations: Physician Hospital Affiliations and EMR Integration Considerations", Lake County Medical Society webinar, 2010
  • "Effective (and Lawful) Use of Electronic Media in Communicating With (and About) Patients", IMGMA Fall Conference, 2010
  • "What a Nursing Facility Should Expect of Its Medical Director and How to Prepare a Medical Director Services Agreement", IHCA, IAHSA, HOPE, IMDA webinar, 2010
  • "The HITECH Act; HIPAA Amendments and EHR Stimulus Payment Opportunities", ISMA-IMGMA, 2010
  • "Corporate Integrity Agreements and Independent Review Organizations", American Association of Professional Coders, 2010
  • "What's New with HIPAA? Complying with the HITECH Act", American Association of Oral and Maxillofacial Surgeons (AAOMS), 2010
  • "Managing 'Strife' in Long Term Care", Indiana Health Care Association, 2010
  • "Value Based Purchasing in Long Term Care: Indiana Update", Indiana Health Care Association, 2010
  • "Legal Health Record", Indiana State Medical Association, 2010
  • "The Legal 'Electronic' Health Record", Indiana State Medical Association, 2010
  • "The Legal Health Record", 2010 Hoosier Home Care & Hospice Conference (IAHHC), 2010
  • "Effective Management of Physician Outside Activities and Conflicts of Interest", American Association of Orthopaedic Executives (AAOE), 2010
  • "HITECH Act: Opportunities and Challenges", NERVES Annual Meeting, 2010
  • "Health Care Reform", Moderator, Kreig DeVault LLP webinar, 2010
  • "2010 Legal Update", Indiana Orthopaedic Society, 2010
  • "Ethical Issues in Conducting Internal Investigations", Indiana State Bar Association, 2010
  • "HITECH Act and HIPAA: Important Compliance Update", Krieg DeVault LLP teleconference, 2010 
  • “The Essential 2009 Compliance Update for Medical Group Practices”, Indiana State Medical Association/Krieg DeVault LLP Workshop, 2009
  • "The RAC Audits", Krieg DeVault LLP teleconference, 2009
  • "The Essential Rules Governing Legal Health Records for Medical Group Practices", Indiana State Medical Association/Krieg DeVault LLP, 2009
  • "Managed Care Contracting", Indiana Association for Home Health and Hospice Providers, 2009
  • "The Bottom Line on Federal Program Audits, False Claims and Self-Disclosure Obligations", American Association of Orthopaedic Executives (AAOE/BONES), 2009

Publications

  • "The Impact of the Sunshine Act on Physician Practices," The Advisory Board Company, March 2013
  • "HIPAA: Privacy and Security", Risk Management Handbook for Health Care Organizations: Publication of American Society for Healthcare Risk Managment (ASHRMS), 2010
  • "Not All Physician 'Problems' Require Formal Peer Review", SYNERGY Magazine: Publication of National Association of Medical Staff Services (NAMSS), 2009
  • "The FTC Red Flag Rules", Indiana Association of Homes & Services of the Aging eNewsBriefs, 2009
  • "Not All Medical Staff Bylaws Are Created Equal", Synergy Magazine: Publication of National Association of Medical Staff Services (NAMSS), 2009
  • "The 2009 Updates to PHRMA Code Governing Interactions with Health Care Professionals", American Health Lawyers Association Life Sciences Newsletter, 2008
  • "2009 Update to PHRMA Code", American Health Lawyers Association Life Sciences Practice Group Newsletter, 2009
  • "The Facts, Just the Facts: Best Practices for Responding to Medical Credentialing Requests after Kadlec", Synergy Magazine: Publication of National Association of Medical Staff Services (NAMSS), 2008
  • "Clinical Trials Agreements: Fraud and Abuse Issues", American Health Lawyers Association Life Sciences Journal, 2008