Partner
Nossaman LLP
Sacramento, CA
(916) 930-7713
aoconnell@nossaman.com
Ann O'Connell's practice focuses on healthcare law. Her areas of specialty include: medical staff bylaws, rules and regulations; credentialing of physicians and allied health professionals; medical staff discipline; integrated system credentialing, peer review, and disciplinary proceedings; health facility licensing and accreditation; medical foundations and professional services agreements; physician and medical group contracts; management contracts; medical records; Medicare compliance; EMTALA compliance; Medicare decertification; Stark and anti-kickback counseling and compliance; consent; mental health, and medical experimentation.
Ms. O'Connell frequently serves as the hearing officer in medical staff hearings. In addition, she is AV rated by Martindale-Hubbell.
Representative Work
Developed model medical staff bylaws for California Hospital Association, Beta Health Group, and Sutter Health. Reviewed and revised medical staff bylaws for numerous community and district hospitals.
Represent acute care hospitals facing CMS decertification action. Assist hospitals in developing and successfully implementing remedial actions to avert decertification, including successfully contesting findings of noncompliance, thereby limiting required scope of remedial action.
Represent medical staffs in physician disciplinary actions, including hearings. Also assist in structuring and implementing department-wide review of performance.
Serves as hearing officer in medical staff hearings.
Extensive work with exclusive contracts for ancillary services, including negotiating and drafting a regional exclusive contract for ancillary services within a health system, and an exclusive contract for outpatient ancillary services to managed care patients in a five-county area.
Negotiate and draft professional services agreements for nonprofit medical foundations.
Professional Affiliations
American Health Lawyers Association: Chair, Medical Staff, Credentialing, and Peer Review Practice Group, 2004, 2005, 2006, 2007
California Society for Healthcare Attorneys, Past-President
California Health Law News: Editor in Chief, 1980-1987; Editorial Board, Chair, 1990-1992
American Bar Association
American Health Lawyers Association
California Hospital Association
Sacramento County Bar Association, Health Law Section
State Bar of California
Awards & Honors
Named a Northern California "Super Lawyer" in Health Care Law by San Francisco magazine in 2008.
Presentations
Presented more than 30 key health presentations over the past 25 years on topics including medical staff bylaws, peer review, fair hearing, credentialing, and contracting.
Speaker, "Peer Review Hearing Officer Training," American Health Lawyers Association (AHLA) 2008 Annual Meeting, San Francisco, CA, July 1, 2008.
Speaker, "MS 1.20", California Association of Medical Staff Services (CAMSS), San Diego, CA, May 14, 2008.
Speaker, "MS 1.20", California Association of Medical Staff Services (CAMSS) Mid Valley Chapter, Sacramento, CA, April 23, 2008.
Speaker, "Quality as a Financial Imperative: How Can Improving Quality Also Improve Your Bottom Line?" California Medical Group Management Association (CAMGMA) Annual Conference, Santa Clara, CA, March 7, 2008.
Speaker, "Medical Staff Bylaws," California Hospital Association's (CHA) Medical Staff Relations Seminar, Sacramento on November 29, Garden Grove on December 13, 2007.
Speaker, "Role of Bylaws," California Society for Healthcare Attorneys (CSHA) 2007 Peer Review Hearings Seminar, Los Angeles, CA, November 3, 2007.
Speaker, "Comparison of Federal and State Laws and Joint Commission Standards Applying to Medical Staffs," California Association of Medical Staff Services, May 2007.
Speaker, "Recent Developments in Medical Staff Bylaws; Peer Review – What's Protected and What's Not," Mid-Valley Medical Staff Services Law Seminar, June 2006.
Speaker, "Peer Review Privileges in Federal Court," American Health Lawyers Association, Hospitals and Health Systems Law Institute, Tucson, Arizona, February 2005.
Speaker, "Model Medical Staff Bylaws," California Society for Healthcare Attorneys (CSHA), March 2005.
Speaker, "CRNAs – Clearing the Air," Sutter Health Legal Department seminar, Sacramento, California, March 2005.
Speaker, "CMS Surveys: The Legal Perspective," Sutter Health Legal Department seminar, Sacramento, California, July 2005.
Speaker, "Legal Issues in Medical Staff Peer Review," Adventist Health, September 2005.
Speaker, "Checklist of Authorities for Medical Staff Bylaws," Sutter Health Medical Staff Services Professionals Group, October 2005.
Speaker, "Recent Developments in Health Care Credentialing and Peer Review," Northern California Law Seminar, November 2005.
Moderator, "Hospital Assistance with Malpractice Insurance Crisis," American Health Lawyers Association, Teleconference, January 2004.
Speaker, "Advance Health Care Directives," Sacramento, California, August 2004.
Speaker, "SB 1325," Sacramento County Bar Association, Sacramento, California, November 2004.
Speaker, "Model Medical Staff Bylaws," California Healthcare Association, 2004, 2002, 2001, 1997, 1995.
Speaker, "Legal Issues in Medical Staff Peer Review", Adventist Health West, February 2002.
Speaker, "BHG Model Medical Staff Bylaws" and "Recent Developments in Medical Staff Law," Beta Healthcare Group, Spring 2002.
Speaker, "Peer Review Issues for [Medical Group] Employed Physicians," American Health Lawyers Association, Teleconference, April 2002.
Publications
Co-Author, Co-Editor, "Peer Review Hearing Guidebook," American Health Lawyers Association, 2008.
Co-Author, "CMS Hospital Surveys Toolkit," American Health Lawyers Association, Regulation, Accreditation, and Payment Practice Group's, 2007.
Author, California Hospital Association Model Medical Staff Bylaws, 2002, 2004 and 2008.
Co-Author, "How Protected Are Medical Staff Peer Review Records?" Beta Healthcare Newsletter, December 2003.
Author, "Peer Review Privileges in Federal Court: Are They There or Are They Not?," Program Beta Risk Reporter, November, 1999; AHLA Med Staff News, Spring 2000 (reprinted with permission).
Author, "Traveling Safely Along the Medical Information Superhighway," Program Beta Risk Reporter, May-June 1999.
Author, "Medical Staff Bylaws – Does the Model Matter?" Program Beta Risk Reporter, Spring 1997.
Author, Beta Healthcare Model Medical Staff Bylaws (for California District Hospitals), 1997, 2002, 2004, 2007 (in process).
Co-Author, California Association of Hospitals and Health Systems Model Medical Staff Bylaws, (co-authored with Suzanne Van Hall and Steven Schnier) 1995 and 1997.
Author, "Credentialing and Peer Review: How to Protect These Activities Outside Traditional Settings," Program Beta Risk Reporter, Winter 1995.
Author, "Peer Review – Whose Job Is It Anyway?" CHD Risk Reporter, Spring 1994.
Author, "Credentialing Responsibilities of Alternative -Delivery Systems: Is It the Hospital's Duty?" California Health Law News, Summer 1992.
Author, "Austin v. McNamara: Recent Federal Court Case Finds Immunity For Hospital and Peer Review Participants," California Health Law News, April 1990.
Author, "The Perils of Peer Review from the Legal Perspective," CHD Risk Reporter, November-December 1989.
Author, "Legal Perspectives on Quality Assurance," CHD Risk Reporter, September-October 1989.
Author, "Immunity for On-Call Obstetrical Services," California Health Law News, Spring 1989.
Author, "Employer's Access to Medical Records," MHA Quarterly Review, Spring, 1989.
Co-Author, Hospital Fact Book (co-authored with H. W. Zaretsky, PhD), California Hospital Association, 1976, 1977.
Author, "The New California Corporations Code: Prospects for Minority Shareholders," 7 Pacific Law Journal 740, July 1976.
Co-Author, "Prospective Incentive Payment Experiment," California Hospital Association, 1975.
Author, "Women Judges in California," California Journal, May 1973.
Author, "Legal Services for the Poor," California Journal, March 1973.
Education
J.D., University of the Pacific, McGeorge School of Law, 1977
B.A., California State University, Sacramento, 1973
Admitted
California