Susan E. Ziel

Susan Ziel is a nurse attorney and partner with the law firm of Krieg DeVault LLP where she is a Core Member of both the Health Care and Life Sciences Practice Groups.  Ms. Ziel represents and advises clients regarding the many significant legal and regulatory issues governing health care and life science organizations today, including but not limited to protected health (and other personal) information, privacy and security, fraud and abuse, licensure and credentialing, contracting and reimbursement.

In addition to serving as a regular speaker and author, Ms. Ziel is active in numerous professional organizations, including the American Bar Association (ABA), the American Health Lawyers Association (AHLA), the Medical Group Management Association (MGMA), the Health Care Compliance Association (HCCA), the National Association of Medical Staff Services (NAMSS) and Sigma Theta Tau, an international nursing honor society. 

Ms. Ziel also serves on the Advisory Board of the University of Michigan School of Public Health’s Center of Health, Law and Ethics and she is an Adjunct Faculty with the Indiana University School of Nursing.  Ms. Ziel is the current Chairperson of the American Heart Association Midwest Affiliate’s Circle of Red and she also served as the Past President of The American Association of Nurse Attorneys (TAANA), the Executive Women in Health Care (EWHC) and the Mental Health Association of Hamilton County (Indiana).

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 Carmel, Indiana with her husband, Daniel J. Pesut, PhD APRN BC FAAN, the Associate Dean for Graduate Studies at the Indiana University School of Nursing, and her two children.  

Representative Experience

• Represents and advises health care clients in the implementation of the corporate policies, procedures and forms necessary to comply with HIPAA and the many other laws and regulations governing the privacy and security of protected health (and other personal) information
• Represents and advises health care facilities and their respective medical staff in the implementation of the Medical Staff Bylaws, Rules and Regulations and other related policies and procedures necessary to comply with applicable federal and state laws and accreditation standards
• Represents and advises health care and life science clients in the implementation of the compliance programs and related policies, procedures and forms necessary to comply with the laws and regulations concerned with licensure, Medicare certification, fraud and abuse, and FTC Red Flags Rule, among others
• Represents and advises health care facilities and professionals regarding pending complaints, investigations, administrative hearings and related civil and criminal enforcement proceedings which concern alleged violations of laws and regulations concerned with Medicare certification, state licensure, HIPAA, state personal information breach laws, and "qui tam" actions under the Federal False Claims Act, among others
• Represent and advise health care facilities and professionals that are party to a Corporate Integrity Agreement with the Federal Government in the implementation of a corporate compliance program and related obligations, all in accordance with the terms and conditions of a Corporate Integrity Agreement
• Represent and advise health care facilities and professionals in the conduct of independent audits of documentation, coding, billing and collection procedures to determine compliance with Federal health care program requirements by engaging the services of duly qualified and certified consultants, as appropriate
• Represent and advise health care clients in the implementation of electronic health records (EHR) in accordance with applicable laws, regulations and  industry standards
• Represent and advise health care facilities and other qualified health care professionals in qualifying for EHR stimulus monies available under Title XIII of the American Reinvestment and Recovery Act, aka the HITECH Act

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)
• Madonna University, Livonia, Michigan (B.S.N., 1980)

Bar Admissions

• Indiana, 1998
• South Carolina, 1991

Professional Associations

• American Bar Association
• American Health Information Management Association
• American Health Lawyers Association
• American Heart Association, “Circle of Red” Chair (2008-present); “Go Red for Women” Executive Leadership Committee (2006-2008); “Go Red for Women” Silent Auction Committee (2004-2005)
• Carmel Chamber of Commerce, Membership Committee (2009)
• Carmel Chamber of Commerce, Board of Directors (Chair)
• Executive Women in Health Care, Inc., President (2001-2003); President Elect (2000); Board of Directors (1998-2003); Program Committee (1997-2000)
• Health Care Compliance Association (2000-present)
• Indiana HIPAA Workgroup (2003-present)
• Indiana Medical Group Management Association (1999-present)
• Indiana State Bar Association (1998-present), Health Law Section
• Indianapolis Bar Association (1998-present), Health Law Section
• Medical Group Management Association (1998-present)
• 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-present)
• Prevail, Inc., Board of Directors (2008-present)
• 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)
• University of Michigan School of Public Health, Center for Health, Law and Ethics (2003-present)

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
• Sigma Theta Tau, International Honor Society of Nursing, 1980 - Present

Seminars and Presentations

• "Maximizing EHR Funding Opportunities," Annual Krieg DeVault - ISMA - IMGMA Conference, 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
• "Gestures of Apology, Sympathy and Even Fault in Hopes of Preventing a Lawsuit", Indiana Medical Group Management Association Spring Conference, 2009
• "HIPAA Update", Indiana Continuing Legal Education Forum, 2009
• "What You Must Know About the HITECH Act", Somerset CPA Medical Group Roundtable, 2009
• "What You Must Know About the HITECH Act", Indiana State Medical Association (Region 10) Lake County Medical Society, 2009
• "The FTC Red Flag Rules", Illinois/Ohio/Kansas, Wisconsin Ophthalmology Academies Webinar, 2009
• "ARRA of 2009 HIPAA", Krieg DeVault LLP teleconference, 2009
• “HIPAA and Litigation”, Indiana Continuing Legal Education Forum, 2009
• “The FTC Red Flag Rules”, Indiana Medical Group Management Association Webinar, 2009
• “The FTC Red Flag Rules”, Indiana State Medical Association/Krieg DeVault LLP, 2009
• “The Interplay Between Physician Opportunities and Stark”, Indiana State Medical Association/Krieg DeVault LLP, 2009
• “What You Must Know About the Newly Published Final Stark Regulations”, Indiana Radiology Business Managers Association, 2008
• “2008 Health Care Law Update”, Annual Indiana Continuing Legal Education Forum Program, 2008
• “What You Must Know About the Newly Published Final Start Regulations”, Katz, Sapper & Miller and Krieg DeVault LLP, 2008
• “Managing the ‘Growing’ Tensions of Responding to Medical Staff Credentials Request”, National Association of Medical Staff Services, 2008
• “Health Care Law”, Indiana Continuing Legal Education Forum, 2008
• “Legal Health Record: Retention, Retrieval and Destruction”, Indiana Medical Group Management Association Annual Meeting, 2008
• “Compliance Update”, Krieg DeVault LLP Nonprofit Workshop, 2008
• “Providers and Vendors: Fraud and Abuse Considerations”, Fairbanks Medical Executive Committee, 2008

Publications

• "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, 2008
• "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