Overview

Jana Kolarik is a partner and health care lawyer with Foley & Lardner LLP. Her practice focuses on health law issues, including health regulatory due diligence; requirements and risks related to acquisitions and sales of for-profit and not-for-profit health care entities; fraud and abuse issues such as anti-kickback and self-referral law compliance; enrollment, coverage and payment issues and licensure issues.

Jana has worked with the spectrum of health care entities from academic medical centers (AMCs) to device and pharmaceutical manufacturers. She currently works with AMCs, health systems, community hospitals, large physician groups, physician and midlevel management and staffing companies, DME suppliers, orthotics suppliers and imaging companies, as well as investors in health care entities. Jana is a member of the Health Care Industry Team and the Government Enforcement Defense & Investigations Practice.

Representative Experience

  • Provides health regulatory-related due diligence reviews and advises clients regarding health regulatory requirements and risks related to acquisitions and sales of for-profit and not-for-profit health care entities
  • Counsels clients on fraud and abuse issues, including Federal and State anti-kickback statute and Stark Law compliance
  • Advises clients on billing, coding and refund issues, including 60-Day Rule issues
  • Advises clients regarding Medicare and Medicaid enrollment, coverage and payment issues
  • Advises clients regarding disclosing matters pursuant to the CMS Self-Referral Disclosure Protocol and the OIG Provider Self-Disclosure Protocol
  • Assists providers and suppliers in the development of healthcare compliance programs, including compliance training materials, policies and procedures
  • Acts as Legal Independent Review Organization (Legal IRO) for a hospital pursuant to its OIG corporate integrity agreement (CIA)

Education

Jana earned her law degree from the University of Maryland School of Law (J.D., with honors, 2000), where she also completed a certificate program in health law. During law school, she was the editor-in-chief of The Business Lawyer, a joint publication with the American Bar Association’s Section of Business Law. Jana is a graduate of the College of William and Mary (B.A., International Relations, 1992).

Recognition

Jana has been Peer Review Rated™ as AV Preeminent®, the highest performance rating in Martindale-Hubbell® Peer Review Ratings™ system.

Jana was selected by her peers for inclusion in The Best Lawyers in America© in the field of Health Care Law (2018, 2019, 2020 and 2021).

Jana was voted by her peers and selected as a member of Florida Trend’s Florida Legal Elite™ group for 2020.

Admissions and Professional Memberships

Jana is admitted to practice in Florida and the District of Columbia. She is a member of the American Health Lawyers Association, the Health and Business Law Sections of the American Bar Association, the District of Columbia Bar Association and the Florida Bar Association.

Affiliations

Jana is on the board of directors for Hope Haven.

Selected Publications and Presentations

Below is a list of Jana Kolarik’s more recent publications and speeches:

  • Co-author, “Let's [Virtually] Talk Compliance | A Foley & PYA Master Class,” Health Care Law Today (February 10, 2021)
  • Quoted, “Stark Law Revisions Take Effect for Hospice, Other Health Care Providers,” Hospice News (February 3, 2021)
  • “Physician Compensation: Hot Topics,” Let’s Talk Compliance Master Class (January 22, 2021)
  • Author, “Key Takeaways from the Revised and Clarified Stark Law Regulations – Part 2,” Health Care Law Today (January 22, 2021)
  • Author, “Key Takeaways from the Revised and Clarified Stark Law Regulations – Part 1,” Health Care Law Today (January 21, 2021)
  • "Physician Contracts and the Stark Law/Anti-kickback Backdrop," APSMA Physician Compensation Mini Conference (November 10, 2020)
  • "Bad Facts and Qui Tam: FMV and CR in the Eye of the Beholder," American Bar Association’s Physicians Legal Issues: Healthcare Delivery & Innovation (September 21-25, 2020)
  • "Physician Contracts and the Stark Law/Anti-kickback Backdrop," APSMA Physician Compensation Mini Conference (November 10, 2020)
  • Co-author, “Key Takeaways from Executive Order on Surprise Billing,” Health Care Law Today (October 6, 2020)
  • "Bad Facts and Qui Tam: FMV and CR in the Eye of the Beholder," American Bar Association’s Physicians Legal Issues: Healthcare Delivery & Innovation (September 21 - 25, 2020)
  • "HHS OIG Enforcement Issues (Statutes, Penalties, CIAs)," Foley & Lardner LLP Health Care Practice Group Training Webinar (September 1, 2020)
  • "FMV and Commercial Reasonableness Challenges," Strafford CLE Webinar (August 4, 2020)
  • "Surprise Billing – Not the Kind of Surprise You Want!," Association of Corporate Counsel Health Law Network Legal Quick Hit (August 4, 2020)
  • Author, “Welcome Changes to Florida’s Patient Brokering Act,” Health Care Law Today (July 7, 2020)
  • Author, “EKRA and Florida’s Patient Brokering Act: Clarification Needed Amid Uncertainty,” Health Care Law Today (February 18, 2020)
  • Author, “Compliance: Top Takeaways from Foley and PYA’s Annual “Let’s Talk Compliance” Event,” Health Care Law Today (February 11, 2020)
  • "CMP, Stark and Anti-kickback Basics/Refresher," Foley & Lardner LLP Institute (February 7, 2020)
  • "Navigating Overpayments,” Florida Hospital Association’s 2020 Health Care Corporate Compliance Roundtable Event (February 6, 2020)
  • "Let's Talk Compliance" Event - Overpayments Presentation, Foley & PYA Event in Orlando (January 24, 2020)
  • Author, “Episode 3: Let’s Talk Compliance: Breaking Down Fair Market Value and Commercial Reasonableness,” Health Care Law Today (October 9, 2019)
  • Co-author, “Health Care MarketTrends | September 2019, Issue 2,” Health Care Law Today (September 16, 2019)
  • Co-author, “Florida: Changes to the State Patient Brokering Act,” Health Care Law Today (August 16, 2019)
  • "Best Practice Scenarios for Internal Investigations and Audits," Florida Hospital Association’s 16th Annual Health Care Corporate Compliance Education Retreat (June 13, 2019)
  • "Fair Market Value and Commercial Reasonableness - Stark Law & Regulatory Risks," Florida Institute of CPAs (April 26, 2019)
  • "The Anatomy of Incident-to and Split/Shared Billing," AHLA Physicians & Hospitals Law Institute (February 4-6, 2019)
  • "Let's Talk Compliance" Event - Overpayments and Internal Audit/Investigation Presentations, Foley & PYA Event in Jacksonville (January 25, 2019)
  • Co-author, “The Importance of Diligence in Orthopedic Recapitalization Transactions,” Health Care Law Today (January 4, 2019)
  • "Law and Order: HCU (Healthcare Compliance Unit)," Association for Corporate Counsel (ACC) Annual Meeting (October 23, 2018)
  • "CMS 60-Day Rule: Reporting and Refunding Overpayments, Enforcement, Compliance, Self-Disclosure," Strafford CLE Webinar (September 13, 2018)
  • Author, “Florida’s New Law Changes Physician Responsibilities for Opioid Dispensing,” Health Care Law Today (June 12, 2018)
  • "Fair Market Value & Commercial Reasonableness in Health Care Transactions," Association for Corporate Counsel (ACC) QuikHit Webinar (February 6, 2018)
  • Quoted, “Fraud: House Panel's July 19 Hearing Will Review Medicare Fraud Controls,” Bloomberg BNA’s Healthcare Daily Report (July 17, 2017)
  • "CMS 60-Day Rule: Reporting and Refunding Overpayments for Providers and Suppliers One Year Later," Strafford CLE Webinar (April 5, 2017)
  • Co-author, "New Attorney General Issues Guidance on Corporate Compliance Programs," Legal News: Government Enforcement, Compliance & White Collar Defense (March 2, 2017)
  • Co-author, "OIG Rings in the New Year With New Anti-Kickback Statute Safe Harbors," Health Care Law Today (January 12, 2017)
  • "I Care, You Care, We all Care about Medicare: A Year in the Mirror and Through the Looking Glass," (Final CMS 60-day Rule and Stark Law Changes), Association for Corporate Counsel (ACC) Annual Meeting (October 17, 2016)