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Medical Records
Barbara Zabawa is an attorney in the Madison office of Whyte Hirschboeck Dudek S.C. Ms. Zabawa practices health care and employment law and business litigation. From 2003-2005, Ms. Zabawa clerked for the Honorable Barbara B. Crabb in the United States District Court for the Western District of Wisconsin and worked on numerous litigation matters, including employment, patent infringement, civil rights, and contract matters. She also was a Skadden Fellow through the Skadden Fellowship Foundation, working on employment based health benefit matters and private health insurance issues from 2001 to 2003.

Ms. Zabawa has almost 20 years of experience in the health care field, first receiving her Master's in Public Health from the University of Michigan before attending law school at UW Madison. Her recent work involves helping create accountable care arrangements and integrating behavioral health into the medical model.

Ms. Zabawa's passion for improving health care and coverage is unmatched and is demonstrated through her representation of stakeholders across the spectrum of health care. Her depth and breadth of experience provides her clients with an important understanding of all sides of the pressing issues facing health providers and insurers today. She frequently advises clients in the behavioral health industry about the special confidentiality laws that impact that industry.

Ms. Zabawa has a successful track record of disposing of cases at the earliest possible stage, which helps minimize the costs and business damage disputes can bring. She has defended health care providers against investigations by the Wisconsin Department of Safety and Professional Services, Wisconsin Medicaid Fraud Control Unit, investigations by the U.S. Attorney's Office and the Office of Inspector General and qui tam actions. Ms. Zabawa has also defended employers against claims alleging violations of state and federal employment laws such as the ADEA, FLSA, ADA, and Title VII at the Wisconsin Equal Rights Division, and federal and state courts, including the Court of Appeals for the Seventh Circuit and the United States Supreme Court.

In addition, Ms. Zabawa is adept at drafting and reviewing provider and insurer contracts, federal and state reimbursement and fraud and abuse rules, and advising on HIPAA and HITECH privacy and security requirements. She has been at the helm of health care reform in Wisconsin, being appointed to the Legislative Study Committee on Health Care Reform and the Office of the Commissioner of Insurance Life's, Health Advisory Council. She also has served as Chair of the State Bar Health Law Section and teaches Health Law at the UW Law School. Ms. Zabawa has written and spoken on accountable care organizations, fraud investigations, the Wisconsin Insurance Exchange, Medicaid expansion initiatives, health information privacy concerns and the impact of health reform on various health care stakeholders.

Education

  • University of Wisconsin Law School, J.D., 2001
  • University of Michigan, MPH in Health Policy & Management, 1996
  • Lawrence University, B.A., 1993

Admissions

  • State Bar of Wisconsin
  • Supreme Court of the State of Wisconsin
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Western District of Wisconsin
  • U.S. District Court for the Eastern District of Wisconsin

Awards & Distinctions

  • Leadership Greater Madison 2011 Award (December 2011)
  • Named 2011 Wisconsin Up and Coming Lawyers, Wisconsin Law Journal, July 21, 2011
  • Named a "Rising Star" on the Wisconsin Super Lawyers list (2009-2011)
  • Fellow, American College of Healthcare Executives (ACHE)
  • Elaine Osborne Jacobson Award for Women Working in Healthcare Law, Roscoe Pound Institute, 2001
  • Health Law Scholar, St. Louis University Law School, 2002

Representative Work

  • Successfully argued in front of the Seventh Circuit Court of Appeals in several cases involving civil rights and business disputes.
  • Successfully defended health care providers under investigation from the state and federal government for False Claims Act qui tam actions, improper billing practices, unprofessional conduct and suspected overpayments.
  • Helped structure and create Accountable Care Organizations and clinical integration agreements to better align providers and improve the delivery of health care.
  • Provided compliance guidance to health care providers relating to HIPAA, fraud & abuse, employment agreements, tax-exempt requirements, record retention and reimbursement requirements.
  • Represented clients in intellectual property, employment and general commercial litigation matters.
  • Represented providers and insurers in both civil and criminal cases.
  • Represented providers and organizations in front of various licensing boards.
  • Created a Toolkit for Covered Entities and Business Associates to comply with the new HITECH Act requirements.

Professional Associations

Community Involvement

Teaching Positions

  • Has taught Health Law at the University of Wisconsin Law School

Articles and Presentations

  • Informed Consent: Proposed Bill Would Give Doctors More Protection, article, Inside Track, Bi-Weekly Newsletter of the State Bar of Wisconsin, Vol. 5, No. 10, May 2013
  • The Affordable Care Act - What We Know and How are Employers and The Public Likely to Respond, presenter, Wisconsin Institute of Certfied Public Accountants (WICPA) Madison Roundtable Discussion Group, Middleton, Wisconsin, May 8, 2013
  • Affordable Care Act, panelist, GMCC BIZ Expo, "Healthcare 2013: From Taxes to Legal to Your Bottom Line," Madison, Wisconsin, April 23, 2013
  • Current Trends in Home Health Care Investigations & Litigations, Keynote address, Wisconsin Association for Home Health Care, Inc. (WiAHC) 2nd Annual Conference, Baraboo, Wisconsin, April 10, 2013
  • Health Care Reform: What Employers Should Know Now, WHD Crossfire presentation, Whyte Hirschboeck Dudek S.C., Milwaukee, Wisconsin, March 21, 2013
  • Affordable Care Act Prohibits Employee Retaliation by Employers and Insurers, article, Special Report presented by the Health Care Law Team of Whyte Hirschboeck Dudek, S.C., Madison and Milwaukee, Wisconsin, February, 2013
  • Obama Care-How It Impacts Your Business, presentation, TEC (The Executive Committee) Board Meeting, Madison, Wisconsin, February 19, 2013
  • The HIPAA Omnibus Rule: A Checklist for Compliance, magazine article, In Business, Madison, Wisconsin, February 11, 2013
  • Health Care Reform, presentation, Wisconsin Institute of Certified Public Accountants (WICPA), Wauwatosa, Wisconsin, December 7, 2012
  • Adopting Accountable Care Through The Medicare Framework, publication, Seton Hall Law Review, Volume Forty-Two, Number Four, 2012
  • Health Care Reform: What Employers Should Know, presentation, University of Wisconsin-Wisconsin Family Business Center-Food for Thought, Madison, Wisconsin, November 28, 2012
  • The Idiosyncrasies of Mental Health Record Disclosures in Wisconsin, presentation, NASW 2012 Annual Conference, Brookfield, Wisconsin, October 31, 2012
  • The Furture of Health Care Reform and Its Impact on Counties in Light of the Supreme Court Challenge to Obamacare, presentation, WCMIC-20th Annual Corporation Counsel/Defense Counsel Forum, Wisconsin Dells, Wisconsin, September 21, 2012
  • The ACO Movement: Why It Should Matter to You, presentation, Association of Wisconsin Surgery Centers, webinar, September 19, 2012
  • W2 Reporting and SBC Compliance, presentation, Wisconsin Manufacturers Commerce Affordable Care Act Seminar: What You Need to Know to be Compliant, Milwaukee, Wisconsin, September 6, 2012
  • Health Care Update, presentation, WMC-Wisconsin Manufacturers Commerce-Small Business Committee Meeting, Madison, Wisconsin, August 1, 2012
  • Health Care and Your Business: Now What?, presentation, Greater Madison Chamber of Commerce webinar, Madison, Wisconsin, July 12, 2012
  • A Debriefing on the Supreme Court Health Care Ruling: Where to Go from Here?, presentation, Whyte Hirschboeck Dudek S.C., Milwaukee, Wisconsin, July 10, 2012; and Madison, Wisconsin, July 19, 2012
  • Health Care Changes That Will Matter To You, presentation, RSA Wisconsin Annual Conference-Circling The Wagons: Protecting Your "Care-avan" in the Wilderness of Human Services, Wisconsin Dells, Wisconsin, May 17, 2012
  • Healthcare Reform: What Does It Mean to Business?, presentation, Greater Madison Chamber Commerce Business Expo and Small Business Conference, Madison, Wisconsin, April 24, 2012
  • Stepping Up Enforcement, presentation, Fi-Med RAC Summit Program 2012, Milwaukee, Wisconsin, April 17, 2012
  • New Governance and ACOs: A Wisconsin Discussion, presentation, sponsored by University of Wisconsin School of Medicine and Public Health and Whyte Hirschboeck Dudek, S.C., Madison, Wisconsin, March 22, 2012
  • Health Law Update, "Accountable Care Organizations," presentation, State Bar of Wisconsin-Health Law, Madison, Wisconsin, January 27, 2012
  • Turning a Blind Eye to Overpayments: Not Worth the Gamble, article, Fraud & Abuse (a publication of AHLA), January 2012
  • HIPAA: The Next Phase?, presentation, Easy PC Solutions, Waukesha, Wisconsin, December 1, 2011
  • Seton Hall Law Review- Implementing the Affordable Care Act: What Role for Acocuntable Care Organizations?, presentation, Seton Hall Unviversity School of Law, Newark, New Jersey, October 28, 2011
  • Extreme Makeover-Health Care Edition, Annual Human Resources Law Conference, Whyte Hirschboeck Dudek S.C., Milwaukee, WI, October 25, 2011
  • Health Care On The Horizon: Considering Our Roles as Voices for Consumers, presentation, "Wisconsin Insurance Exchange Proposal," Covering For Kids & Families-Annual Fall Conference, Madison, Wisconsin, October 5, 2011
  • Health Care Happenings Conference, “Self-Disclosing Overpayments and Other Concerns to the Government,” presentation, sponsored by Whyte Hirschboeck Dudek S.C. and University of Wisconsin Law School, Madison, Wisconsin, September 27, 2011
  • Impact of Federal Health Reform on Services and Benefits, "How Federal Health Care is/will Impact Services and Benefits," presentation, 42nd Residential Services Association (RSA) of Wisconsin Annual Conference, Wisconsin Dells, Wisconsin, May 19, 2011
  • Accountable Care Organizations-Can They Live Up to the Hype?, presentation, Wisconsin Medical Group Management Association (WMGMA) 2011 Annual Conference, Middleton, Wisconsin, May 12, 2011
  • Health Care Reform, presentation, "A Talk on the Legislative Study Committee on Health Care Reform," presented at the Global Health Law and Wisconsin Workshop and hosted by the University of Wisconsin Law School, April 25, 2011
  • Medical Records Law, contributing author of the book, published by the Lorman Education Service, 2011
  • Medical Records Law in Wisconsin: Tricky Disclosure Situations, presentor at a Lorman Seminar, Madison, Wisconsin, February 22, 2011
  • 2003 article, "Making the Health Insurance Flexibility and Accountability (HIFA) Waiver Work Through Collaborative Governance, cited in "Shared Health Governance," written by Jennifer Prah Ruger of Yale University-School of Medicine, and posted to the Social Science Research Network, Feburary 1, 2011
  • Health Law Update, presentation, "Legal and Practical Implications of Developing Accountable Care Organizations Under PPACA," Health Law Section of State Bar of Wisconsin, Madison, Wisconsin, January 19, 2011
  • Finding the Balance: How Health Reform Creates Challenges and Opportunites for Employers to Improve Health Coverage, article, InTouch Newsletter (a publication of Greater Madison Area SHRM), January 2011
  • Health Care Reform - HR'S Strategic Response, presentation, Greater Madison Area Society of Human Resource Management (GMASHRM), Madison, Wisconsin, January 18, 2011
  • Healthcare Reform VIP Event, "What Physicians Should Know About Healthcare Reform for Their Practices," Milwaukee, Wisconsin, December 9, 2010
  • ALFA/ACC Health Care Panel, panel discussion, Chicago, Illinois, November 16, 2010
  • Health Information Boot Camp (And Thorny Issues!), panelist, Wisconsin Medical Society's 11th Annual Midwest Coding and Practice Management Symposium, Wisconsin Dells, Wisconsin, September 21, 2010
  • How Health Care Reform Will Affect Your Business, panelist, Greater Madison Chamber of Commerce Chamber Cafe, Madison, Wisconsin, August 4, 2010
  • Leadership Greater Madison, panelist, WPS, Madison, Wisconsin, July 13, 2010
  • Health Information Boot Camp, presentation, A GPS for Health Law Seminar, Wisconsin Medical Society and Health Law Section of State Bar of Wisconsin, Milwaukee, Wisconsin on June 9, 2010, and Green Bay, Wisconsin, June 10, 2010
  • Health Law Section, Program Chair, State Bar of Wisconsin 2010 Annual Convention, Monona Terrace, Madison, Wisconsin, May 5, 2010
  • FTC Red Flag Rules: Overview and Update, presentation, WCCMA Spring 2010 Conference, Onalaska, Wisconsin, April 22, 2010
  • Stark and Antikickback Basics, WCCMA Spring 2010 Conference, Onalaska, Wisconsin, April 22, 2010
  • Expanded HIPAA Rules Take Effect, quoted, Wisconsin Law Journal, December 31, 2009
  • Getting Smart About Recovery Audit Contractors, Member Meeting, Association of Surgical Centers, November 10, 2009
  • HIPAA: The Next Phase?, presentation, 10th Annual Midwest Coding & Practice Management Symposium, October 20, 2009
  • County Government and the Health Care Crisis, presentation, Wisconsin County Mutual Insurance Corporation 17th Annual Corporate Counsel/Defense Counsel Forum, September 19, 2009
  • Employee Health and Privacy, presentation, State Bar of Wisconsin Heath Law 2009, September 9, 2009
  • Law Firms Explore Cheaper Records Retrieval, quoted, Wisconsin Law Journal, September 7, 2009
  • Health Reform Legislation in Wisconsin–Year–End Summary, co-author, American Health Lawyers Association Alert, July 17, 2009
  • Recovery Act Enhances COBRA Benefits to Laid-Off Employees, co-author, Polyurethane Manufacturers Association Newsletter, July 6, 2009
  • Tips for Entering into 'Meaningful' EHR Contracts with Vendors, Wisconsin Medical Journal, 2009, Volume 108, No. 4
  • COBRA: Small Biz Not Exempt from New Law, quoted, In Business Magazine, June 2009
  • Turning job loss into opportunity, article, Wisconsin Woman Magazine, January 2009 (Volume 11, No. 4)
  • Wisconsin Preparedness Forum II, presentation, October 28, 2008
  • Document Retention Policies: Applicable Law and Best Practices for the Healthcare Industry, ALFA International Tele-Seminar, September 25, 2008
  • Disclosure and Reporting of Billing Compliance Matters, presentation, State Bar of Wisconsin 2008 Annual Convention, May 2008
  • Covenants Not to Compete in Physician Employment Agreements, Wisconsin Medical Journal, Spring 2008
  • Wisconsin Courts Weaken Physician Non-Compete Agreements, Wisconsin Medical Journal, 2008, Volume 107, No. 5
  • Health Information in the Employment Context, presentation, Walworth County HR Association, March 2008
  • FBI/OIG What You Should Know When They Come Knocking at the Door, presentation, 2008 MEGA Conference, February 1, 2008
  • Risks of Sharing Wage Information with Competitors, article, Summer 2007
  • Medicare Physician Profiling is Coming, article, Summer 2007
  • Basic Contract Law, client presentation, May 2007
  • Medicare Pay-For-Performance: 2007 Physician Voluntary Reporting Program, March 13, 2007
  • HIPAA Privacy Basics, presentation, March 2007
  • New Rules Revise Requirements for Employee Wellness Programs and Health Benefits for Certain Injuries, January 2, 2007
  • Employee Wellness Programs and Challenges to Health Information Privacy, Winter 2007
  • Current Antitrust Risks and Opportunities, September 28, 2006
  • HIPAA Policy Changes Required by Recent Wisconsin Legislative Change, June 26, 2006
  • Electronic Health Information Exchange Initiatives: Health Improvement Possibilities and Legal Challenges, June 2006
  • Paving the Way for the National Provider Identifier, May 26, 2006
  • IRS Community Benefit Survey Begins, April 28, 2006
  • Wisconsin Adds Extra Protection to Hospital Trauma Care Service Data, April 28, 2006
  • Federal Trade Commission Rejects Physician-Hospital Organization Clinical Integration Model, April 20, 2006
  • It's HIPAA Time Again, February 21, 2006
  • How to File Health Care Grievances and Complaints in Wisconsin, presentation, September 2005
  • A Wisconsin Consumer's Guide to Health Information Privacy, an informational brochure about Wisconsin health information privacy issues, May 2004
  • Consumer Town Hall Meeting on Health Information Privacy, May 2004
  • Making the Health Insurance Flexibility and Accountability (HIFA) Waiver Work through Collaborative Governance, article, Summer 2003
  • How Current Health Policy Impacts Wisconsin Health Care Consumers, presentation, February 6, 2003
  • Defined Contribution Health Plans and the Need for Regulator and Consumer Involvement, presentation and paper, September 9, 2002
  • Update on ERISA, presentation, June 7, 2002
  • Private Health Insurance Denials, presentation, April 4, 2002
  • Privacy Consents, Authorizations and Notices, April 12, 2002
  • The "Access" Problem: How Employee and Employer Issues may Increase BadgerCare Participation by Impeding the Verification Process, article, Spring 2002
  • The Need for Purchaser and Physician Collaborations to Benefit Health Care Consumers, article, 2002
  • The "Access" Problem in BadgerCare, presentation, December 10, 2001
  • Health Care Grievances, Complaints and IER: The Essential Role of the Physician, presentation, November 8, 2001
  • Breaking through the ERISA Blockade: The Ability of States to Access Employer Health Plan Information in Medicaid Expansion Initiatives, article, Fall 2001
  • Using ERISA to Improve the Efficiency of Medicaid Expansion Programs, presentation, 2001