Kathryn Doi

Kathryn Doi is a partner in the Healthcare Law Practice Team. With more than twenty years of experience as an attorney in the private and public sector, Kathryn advises clients with respect to complex statutory and regulatory schemes and problem-solving involving government agencies and departments. She also represents clients in the California and federal trial and appellate courts, administrative and regulatory proceedings, and arbitration and mediation.

Kathryn advises and represents healthcare providers in payment disputes with plans and in their interactions with State regulatory agencies in connection with compliance and licensing matters, in administrative proceedings, and in rulemaking and other regulatory matters. Kathryn has represented clients with matters before the Department of Managed Health Care, the Department of Health Care Services, the Department of Public Health, the Department of Correction and Rehabilitation, and the Department of Insurance.

Kathryn previously served the State of California as a Senior Deputy Legal Affairs Secretary in the Office of the Governor. She also served as Counsel to the Secretary of the Technology, Trade and Commerce Agency, ensuring agency compliance with state and federal laws and overseeing agency rulemaking. As Staff Counsel to the Commission on Judicial Performance, she investigated and evaluated alleged ethics violations by California state court judges. Prior to her government service, Kathryn worked in private practice and clerked for a federal judge.

Kathryn is an AV® Peer Review Rated lawyer, the highest rating given by Martindale-Hubbell for legal ability and ethical standards. She was named a Northern California Super Lawyer in 2004 and 2011.

Kathryn received a B.A. in Economics from Stanford University and her J.D. from the University of California, Davis.

Areas of Practice

Healthcare

Areas of Experience

Litigation

• Representing Federally Qualified Health Clinics and Rural Health Centers in a federal court challenge to the California Department of Health Care Services’ implementation of state legislation that excludes from Medi-Cal reimbursement certain benefits as “optional” under the Supremacy Clause and 42 U.S.C. § 1983.

• Representing Intermediate Care Facilities for the Developmentally Disabled (Nursing and Habilitative) in a federal court challenge to the California Department of Health Care Services’ implementation of imposition of a permanent “freeze” on the reimbursement rates paid to ICF/DDs under the Medi-Cal program under the Supremacy Clause.

• Representing an air ambulance company in a federal court challenge to reimbursement by workers’ compensation insurers and self-insured employers at the State of California Division of Workers’ Compensation fee schedule rate on the grounds that the preemption provision of the federal Airline Deregulation Act prevents the State from regulating the prices of air ambulances under the Supremacy Clause.

• Representing two air ambulance companies in state court actions challenging reimbursement by workers’ compensation insurers and self-insured employers at the State of California Division of Workers’ Compensation fee schedule rate on the grounds that the preemption provision of the federal Airline Deregulation Act prevents the State from regulating the prices of air ambulances.

• Representing a California hospital in a federal court action against an Oregon Medicaid agency over payment for transplant services.

• Represented as second chair in a four-week jury trial a health system challenging underpayment for non-contracted emergency services.

• Represented in state court a health care district in a dispute over the Board’s declaration of a Board member’s seat as vacant. (Moriarty v. Mt. Diablo Health Care District (1st Dist. 2007) 2007 WL 3194805.)

• Represented on appeal as second chair in a state court action a challenge by a licensed physician to the California Department of Health Services’ interpretation of a statutory exception to the licensure requirement for a surgical clinic. (Capen v. Shewry (3rd Cir. 2007) 155 Cal.App. 4th 378.)

Arbitration

• Represented a hospital against a health plan in a dispute over the definition and application of “trauma medical condition” within the meaning of the parties’ contract.

• Represented a hospital in contract disputes against two health plans over which plan was responsible for coverage when a patients’ coverage changed during admission.

• Represented as second chair a hospital against a health plan concerning a dispute over denial of days covered.

Administrative

• Representing a skilled nursing facility in an administrative appeal of a TRICARE denial of coverage for inpatient skilled nursing facility care.

• Represented several healthcare provider trade associations in a state court writ of mandate proceeding challenging the California Department of Managed Care’s regulation prohibiting providers from billing patients for amounts not paid by their HMOs.

• Represented hospital in a series of administrative appeals to the California Department of Health Care Services concerning the rate of reimbursement for non-contracted emergency services provided by the hospital to members of a Medicaid managed care plan.

• Represented a provider of non-emergency medical transportation in a state court writ of mandate proceeding seeking to reverse the California Department of Health Care Services deactivation of the company’s provider number.

Licensing

• Representing a clinic in connection with an application for a Clinical Laboratory Improvements Amendment (CLIA) certificate of waiver.

• Represented out-of-state company in connection with questions presented by the California Department of Public Health concerning the company’s Home Medical Device Retail Registration.

• Represented medical doctors in connection with accusations filed by the California Medical Board.

Audits

• Represented clinic in connection with California Department of Health Care Services Medical Review Branch audit.

• Represented clinic in connection with an on-site pharmacy audit of prescriptions filled under Medicare Part D insurance coverage.

Regulatory

• Submitted written and oral public comments on behalf of an air ambulance company in support of the California Division of Workers’ Compensation proposal to amend its Official Medical Fee Schedule to exempt air ambulances from regulations establishing maximum fees paid for ambulance services. (Cal. Code Regs., tit. 8, § 9789.70.)

• Submitted written public comments on behalf of a healthcare system in opposition to the California Department of Managed Health Care’s proposal to amend its definition of unfair billing patterns to prohibit providers from billing patients for amounts not paid by their health plans. (Cal. Code Regs., tit. 28, § 1300.71.39.)

• Submitted written public comments on behalf of an air ambulance company in opposition to the California Department of Managed Health Care’s proposal to amend its plan and provider claims settlement regulations to establish an expedited payment of 150% of Medicare rates. (Cal. Code of Regs., tit. 28, § 1300.71.)

• Submitted written public comments on behalf of a healthcare system in opposition to the California Department of Managed Health Care’s proposal to amend its plan and provider claims settlement regulations to establish an expedited payment of 150% of Medicare rates, amend the factors to be considered in establishing the reasonable value of non-contracted provider services, and prohibit providers from billing patients for amounts not paid by their health plans. (Cal. Code of Regs., tit. 28, § 1300.71.)

Other

• Represented several medical groups in negotiations for professional services agreements.

Publications

• Supreme Court Hears Challenge to California 10% Medicaid Cuts, HFMA Northern California Newsletter, The Edge, November 2011.

• The Drumbeat Continues to Grow for Additional Scrutiny of Nursing Home Hiring Practices, HFMA Northern California Newsletter, The Edge, September 2011.

• The Comment Period is Running on the Proposed HITECH Disclosure Rule, HFMA Northern California Newsletter, The Edge, June 2011.

• CDPH Fines for Medical Information Breaches Lack Due Process in the Absence of Regulations, HFMA Northern California Newsletter, Co-authored with Cris Navarro, J.D., CCEP, CHC, Chief Compliance Officer, Enloe Medical Center, The Edge, May 2011.

• CDPH Set to Launch Rulemaking on Administrative Penalties for Medical Information Breaches and Immediate
Jeopardy and Adverse Events, HFMA Northern California Newsletter, The Edge, January 2011.

• California Department of Public Health Set to Launch Rulemaking on Administrative Penalties for Medical Information Breaches and Immediate Jeopardy and Adverse Events, December 2010.

• “The MBC Called: What Should I Do?” Medical Board Investigations, CMA Legal Counsel, January 2011.
o Article Series, Medical Board Investigations, 2008, 2009, 2010, and 2011 editions. 2010 and 2011 editions co-authored with Asha K. Jennings.

• Beyond the Medi-Cal Payment Lawsuits: The Supremacy Clause Opens the Door to Provider Challenges to State Laws that Conflict with Federal Laws, Co-authored with Asha K. Jennings, HFMA Northern California Newsletter, The Edge, March 2010.

Professional & Community Involvement

• Member, State Bar of California (1985 to present)

• Barrister Member, Anthony M. Kennedy Inn of Court (2008 to present)

• Member, Advisory Board for My Sister’s House, a battered women’s shelter in Sacramento (2002 to present )

• President, Board of Directors, My Sister's House (2001 – 2002)

• President, Board of Directors, Asian-Pacific Bar Association of Sacramento (2009)

• Regional Governor, National Asian Pacific American Bar Association (2007)

• President, U.C. Davis School of Law Alumni Association (2002-2004)

• Board Member, U.C. Davis School of Law Alumni Association (1999 – 2004)

• President, Asian Women's Shelter in San Francisco

• Member, Board of Directors, Asian Women’s Shelter in San Francisco (1996 – 2000)

Awards & Recognition

• Listed as a Super Lawyer in Northern California Super Lawyers, 2004 (administrative law) and 2011 (healthcare law)

• AV® Peer Review Rated by Martindale-Hubbell

• Recipient, Bar Association of San Francisco Outstanding Pro Bono Lawyer, 1989

• Staff Counsel, Commission on Judicial Performance, 1994-2000

Education

J.D., University of California at Davis School of Law, 1985

Order of the Coif honors

Articles Editor, University of California at Davis Law Review, 1984-1985

B.A., Economics, Stanford University, 1981

Admitted to Practice

• California, 1985
• U.S. Supreme Court, 1992
• U.S. Court of Appeals, Ninth Circuit, 1989
• U.S. Court of Appeals, Tenth Circuit, 1992
• U.S. District Court for the Northern District of California, 1987
• U.S. District Court for the Eastern District of California, 1989
• U.S. District Court for the Central District of California, 1990
• U.S. District of International Trade, 1986

Kathryn Doi

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