Meet Jennifer Kirschenbaum: A Leading Force in Healthcare Law 

Jennifer Kirschenbaum is a name that stands out as a prominent figure, bringing her expertise and experience to the forefront. With a passion for helping healthcare practitioners navigate the complex legal landscape, Jennifer has become a trusted resource in the industry. In this exclusive interview, we delve into her journey, insights, challenges, and opportunities she sees in healthcare law today. Join us as we get to know the woman behind the success and learn from her wealth of knowledge. Meet Jennifer Kirschenbaum, a leading force in healthcare law. 

Jennifer, what did you aspire to be when you were a child? Did your childhood dreams influence your career path in healthcare law? 

My journey began heading toward medicine, then shifted to business, and finally transitioned to law. Fortunately, I’ve landed exactly where I’m meant to be. I assist doctors in managing their business and legal matters on a day-to-day basis, as well as in the ‘big’ decisions. 

Could you share your legal journey, particularly how you came to specialize in healthcare law and its intersection with legal matters? 

During my time in law school, I had an internship that exposed me to prominent trial attorneys at a well-respected Wall Street firm. Among them was a specialist in medical malpractice cases against doctors. Although I appreciated the experience, I realized that this wasn’t the legal field I wanted to pursue in my career. 

Coincidentally, a friend at law school mentioned he was not interested in a position with an attorney specializing in representing physicians across various aspects of their practice, excluding malpractice. Eager to explore this new avenue, I met with this attorney and immediately accepted the position upon being offered. 

At this initial job, I gained invaluable experience dealing with insurance company audits, defending doctors’ licenses, establishing new medical practices, and more. This exposure laid the foundation for representing physicians and broadened the scope of my practice, ultimately shaping the skill set and clientele our firm has today. 

What aspects of healthcare law particularly interest you as the managing partner of Kirschenbaum & Kirschenbaum’s healthcare department, and how do you navigate the complexities within this field? 

My passion lies in development — taking practice and providing the necessary strategic guidance and contracts to foster its growth. I thrive on problem-solving, seeking common ground amid emerging disputes. As the primary counsel for most of our clients, I’m entrusted with the role of being the ‘fixer.’ 

Whether we’re overseeing a sale, acquisition, merger, new expansion, or troubleshooting operational issues with staffing, payors, or third parties, the core of it all revolves around individuals, relationships, money, and pride. Every case presents its unique variables, requiring us, as healthcare counsel, to comprehend various perspectives and skillfully resolve issues for the most favorable outcomes. 

You actively engage in community education, particularly within organized medicine. What motivates your commitment to education, and how do you envision it contributing to the healthcare community? 

Participating in organized medicine is an inspiring endeavor for me. It’s an opportunity to grasp the real issues affecting our community and potentially make a tangible impact through my expertise. When I take the podium, I tailor the subject matter to the present challenges, aiming to encourage discussions that spark productive solutions. For instance, recent talks have revolved around contractual relations with professional staff and navigating hiring solutions in this challenging market. During the pre-pandemic period, I collaborated for two years with organized medicine on Covid practice solutions. 

Through our active involvement with various county medical and dental societies and specialty associations like the New York State Ophthalmologic Society, NYS ENT Society, New York Facial Plastic Surgery Society, and NY NJ Pain Management, among others, we are grateful to support these exceptional associations in their growth endeavors. Our contribution extends to the development of philanthropic missions as well as offering guidance to their memberships on daily practice operations. Sharing our knowledge and expertise is a simple way for us to give back and support our community. Medical missions require contract and insurance advice, and charitable ventures need legal guidance. We are pleased to provide our assistance. 

With an emphasis on regulatory compliance, what are the most pressing problems you believe healthcare practitioners face in terms of being compliant with Federal Stark and Anti-Kickback statutes? 

Opportunity cost. Most of our clients have the right idea – see an opportunity and have that opportunity evaluated for risks and benefits. The market is teeming with products and schemes, and as participants in the most regulated profession, our physician clients are susceptible targets. Each doctor needs to internalize and understand the biggest threat to their livelihood and families is risking their loss of medical licensure, which is a real possibility if they play with relationships that run afoul of State and Federal laws, rules, or regulations. Whether the opportunity is a surgery center buy-in, venture with a related enterprise (such as a pharmacy), mutually beneficial referral relationship, or vendor consignment payments, all third-party opportunities and relationships are potentially violative of anti-referral/self-dealing inducement laws, rules, and regulations, and must be properly evaluated by competent counsel. 

What advice would you give to healthcare practitioners facing audits by Medicare, Medicaid, or third-party payors based on your experience? What are the most typical pitfalls to avoid? 

Fraud. Do not change records retrospectively. Hindsight may be 20/20, but there is no better way to a murky future than committing fraud. Always engage counsel when under audit. Why? Does your lawyer know your records better than you do? No. However, experienced counsel who deals regularly with the particular auditor you may be facing will have an understanding of the necessary procedure to adhere to audit guidelines and will better position you for a positive outcome. 

Many physicians have moved to join hospitals and sell their practices, but many are also still independent. What do you think will be in the coming years? More consolidation or contraction and independent practice? 

It seems we are nearing a turn in the tide, and more physicians are frustrated with their choices to sell and be employed. Now we have many more refined options for private practitioners and technological solutions than even five years ago. I see a rise in contraction – more practitioners looking to be independent and hang their own shingles. We are forming new practices on a more regular basis this past year and assisting providers to set up on their own. This period is notably thrilling. However, the primary challenge remains to locate the ideal counterpart, much like finding a “Scottie Pippen” to a physician’s “Michael Jordan.” The labor market seems to be easing up, with expectations somewhat leveling out, making the quest for the perfect office manager a bit less demanding compared to a year ago. 

Finally, how do you unwind and relax amid a hectic legal career? Do you have any hobbies or pastimes that assist you to recharge? 

This period is quite hectic for me, much like many others! My primary focus beyond work is spending time with my two boys, aged 6 and 9. We love being outdoors and engaging in activities like tennis, pickleball, and skiing.