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NEWS

October 2024 | Breazeale Welcomes Four New Associates

Emily Black Grey
Danielle L. Borel

Emily Black Grey

Partner - Baton Rouge

Emily is a board-certified Health Law Specialist who has practiced health law for almost 25 years. She is a member of the firm's Management Committee, and Best Lawyers has named her the 2024 "Lawyer of the Year" in Health Care Law in Baton Rouge. Emily is one of only 3 Louisiana lawyers ranked in Band 1 by Chambers USA.

Emily's clients describe her as "extremely knowledgeable and extraordinarily helpful." She is known for her experience in the field, particularly in the intersection of state regulatory and federal requirements. Her clients include hospitals, behavioral health providers and addiction treatment centers, surgery centers, pharmacies, physicians, laboratories, healthcare management and consulting companies and other healthcare businesses. She represents healthcare providers in operational matters, regulatory and compliance issues, contracting, licensing and enrollment, reimbursement and payment disputes, healthcare transactions, and other business matters. Healthcare providers have also engaged her as a health law expert in litigation and arbitration.

Emily currently serves on the American Health Law Association Board of Directors. She has also held leadership positions in the American Bar Association House of Delegates (which establishes national ABA policies), the Louisiana State Bar Association's Health Law Section (as Vice Chair), the Louisiana Law Institute (the state's official law revision commission), and the Baton Rouge Bar Association. She is also a frequent speaker and author on healthcare issues, with more than 130 presentations and publications, including many for the American Health Law's Association and the Louisiana Hospital Association.

Emily is licensed in Louisiana and Texas, is a health law arbitrator, and has served as adjunct faculty, teaching health law at the LSU Law Center.

Education

Paul M. Hebert Law Center, Louisiana State University, J.D., 2000 (Law Review)

Louisiana State University, B.A., English, 1997

Admissions

2010, Texas

2000, Louisiana State Courts, Eastern, Middle & Western Districts of Louisiana, Fifth Circuit Court of Appeal, (Board Certified Health Law Specialist, Louisiana Board of Legal Specialization)

Experience

Louisiana State University Paul M. Hebert Law School (Adjunct Professor in Health Law, 2018, 2019)

Board Certified Health Law Specialist, Louisiana Board of Legal Specialization, Louisiana State Bar Association

Professional Associations

Arbitrator, American Health Law Association’s Arbitration Panel

American Bar Association, House of Delegates Member, 2009-2012 Terms

American Health Law Association, since 2000 (Board of Directors, 2022; Hospitals and Health Systems Practice Group, Chair 2018-2020, Vice Chair of Education 2015-2016; Vice Chair of Strategic Activities 2014-2015; Mentoring Committee, 2012 – 2013; Public Health Systems Affinity Group, Chair 2013-2014, Vice Chair, 2012-2013; Public Sector Task Force, 2012; Hospitals and Health Systems Leadership Development Program, 2011 – 2012; Emergency Preparedness Affinity Group, 2009 – 2011)

Baton Rouge Bar Association (President's Award, 2014; Judge Keogh Award, 2008; Luncheon Program Chair, 2008; Law Day Committee Chair, 2007 and 2010; Bench Bar Committee, Chair 2013, member since 2006; Law Expo Committee Chair, 2006; Young Lawyer's Section Council, 2005; Sidebar Luncheon Chair, 2005)

Louisiana Law Institute Council Member (2009-2012)

Louisiana Law Review

Louisiana Society for Hospital Attorneys, since 2000

Board Certified Health Law Specialist – Louisiana Board of Legal Specialization, Louisiana State Bar Association (Health Law Section Vice Chair 2010-2015, member since 2000, Crystal Gavel Award, 2005)

Phi Delta Phi International Legal Fraternity

SOLACE, Inc., (member, since 2002)

Community Involvement

LSU Law School’s Annual Giving Campaign: Team Leader, 2008-2010.

Community Partners For Forensic Science, Inc. (Founding member, vice-president since 2003).

Junior League of Baton Rouge, member 2003-2006.

Mary Bird Perkins Cancer Center Annual Giving Campaign, Corporate Division: Volunteer, 2008-2010.

St. Jean Vianney School, Open House Committee Chair, 2006-2012.

St. Jean Vianney Catholic Church Parish Planning Committee, 2008-2010.

Honors and Awards

Named "Lawyer of the Year" in Health Care Law in Baton Rouge by Best Lawyers (2024)

Selected by her peers for inclusion in The Best Lawyers in America® (Since 2016)

Ranked in Chambers USA: America's Leading Lawyers for Business for Louisiana in Healthcare (Since 2016)

AV® PreeminentTM Peer Review Rated.

Baton Rouge Bar Association’s President’s Award: 2014. The BRBA President recognizes individuals for service, dedication and contributions to the Association.

Listed in Louisiana Super Lawyers in the area of Health Care (2012, 2013, 2015, 2018 and 2019)

Named a "Rising Star" in the area of Health Care in the 2012, 2013 and 2015 editions of Louisiana Super Lawyers

Elected a Fellow of the American Bar Foundation in April, 2011. The Fellows support the research of the ABF through their annual contributions and sponsor programming of direct relevance to leaders of the legal profession.

Selected for the American Health Lawyers Association, Hospitals and Health Systems Practice Group's Leadership Development Program for the 2011-12 AHLA Program Year.

Named to American Bar Association House of Delegates: 2009-2012. Emily was named to the American Bar Association House of Delegates on behalf of the Baton Rouge Bar Association. In that position, she represented the thousands of area lawyers and the BRBA generally at the national level.

Female Mentor of the Year: 2009. Awarded by Postlethwaite and Netterville in recognition of Emily’s dedication to mentoring young women and helping them succeed in their careers and personal lives.

Named to the Louisiana Law Institute Council: 2009-2012. Emily was a member of the official advisory law revision commission, law reform agency and legal research agency of the state of Louisiana.

Judge Joseph Keogh Memorial Award for Outstanding Service in the Community: 2008. The Baton Rouge Bar Association recognizes one member of Young Lawyers Section with this annual award for exhibiting outstanding leadership throughout the Baton Rouge Bar Association and the Baton Rouge community.

Marquis Who’s Who

Who's Who in the World: Since 2010. Recognized as one of the leading achievers from around the globe.

Who’s Who of American Women: Since 2008. Recognized as one of the most noteworthy women in the country.

Who’s Who In American Law: Since 2007. Recognized as one of the nation's top legal professionals.

Named one of Baton Rouge's "Top Forty Under Forty": 2006. The Baton Rouge Business Report's annual award recognizes the 40 top business and community leaders in Baton Rouge under the age of 40.

Paul H. Chapman Award: 2006. The National Foundation for Improvement of Justice honors the work of individuals and organizations who work to improve justice with a $10,000 award. In September 2006, Emily accepted the award on behalf of Community Partners for Forensic Science, Inc. at a ceremony

Crystal Gavel Award: 2005. Louisiana State Bar Association’s award recognizes outstanding lawyers and judges who have been unsung heroes and heroines in their communities, and specifically individuals who have performed services out of a sense of duty, responsibility, and professionalism and made a difference in their local communities, in local organizations, or even in the life of one person.

Young Woman of Achievement Nominee: 2005. The Baton Rouge YWCA’s Women of Achievement Program recognizes and honors local women in professional, artistic and service categories. The Young Woman of Achievement Category recognizes an outstanding woman under the age of 35.

Board Certified Health Law Specialist, Louisiana Board of Legal Specialization, Louisiana State Bar Association

Publications

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Presentations

  • August 23, 2024 – Health Law & Policy 2024, Louisiana State Bar Association. Program Co-Chair and Moderator.
  • June 19, 2024 – Update on 42 CFR Part 2 Revisions, Louisiana Hospital Association Behavioral Health Law Update, Baton Rouge, Louisiana
  • April 11, 2024 – Advanced Topics in Health Care Law: EMTALA, Guest Lecturer at LSU Paul M. Hebert Law Center, Baton Rouge, Louisiana
  • March 18, 2024 - Health Care Compliance: EMTALA, Guest Lecturer at Loyola Law School, New Orleans, Louisiana
  • December 12, 2023 - Surveying Recent Opioid Settlements: Learnings & Opportunities for Behavioral Health,  American Health Lawyers Association Webinar
  • December 8, 2023 – What Hospital Lawyers Need to Know about Behavioral Health (including Opioid Settlement Funding, Certified Community Behavioral Health Clinics-CCBHC, 988 Crisis Hotline), The Louisiana Hospital Association’s Annual Health Law Symposium
  • August 18, 2023 – Health Law & Policy 2023, Louisiana State Bar Association. Program Co-Chair and Moderator
  • February 4, 2022 - 2022 Compliance Survival Guide: What ASCs Need to Know, Louisiana Ambulatory Surgery Center Association Annual Meeting
  • February 5, 2021 - Practical Managed Care Tips for Your Surgery Center, Louisiana Ambulatory Surgery Center Association Annual Meeting
  • June 19, 2019 - Fresh From the Trenches: A Hospital Lawyer’s Disaster Preparedness and Response Boot Camp – Session IV: Show (Us) the Money! Tips and Tales of Counsel’s Role in Securing Revenue and Reestablishing Solvency after a Large-Scale Disaster, American Health Lawyers Association. Moderator.
  • May 8, 2019 - In House Counsel and Hospitals and Health Systems Practice Groups’ Joint Open Member Call , American Health Lawyers Association.
  • March 28, 2019 - Behavioral Health Lightening Round: EMTALA Update & Behavioral Health Law Update: Creating the Right Balance in the Delivery of Behavioral Healthcare , Louisiana Hospital Association of Behavioral Health.
  • EMTALA Update, LHA Behavioral Health Law Update, March 2019.
  • July 19, 2018 - Moving Beyond Basics: A Bootcamp For Hospital Lawyers & Advisors, Part VI: Hot Topics in EMTALA: Screening and Triaging Emergency Room Challenges, American Health Lawyers Association
  • June 20, 2018 - Opioid Podcast Series: Physician Perspective, American Health Lawyers Association Opioid Podcast Series
  • February 9, 2018 - The Opioid Addiction Crisis - Recent Regulatory Actions, Pending Lawsuits and the Role of ASCs, Presented at the Louisiana Ambulatory Surgery Center Association Annual Conference.
  • February 5-6, 2018 - Hot Topics in EMTALA: Screening and Triaging Emergency Room Challenges, AMERICAN HEALTH LAWYERS ASSOCIATION, PHYSICIANS AND HOSPITALS LAW INSTITUTE IN NEW ORLEANS, LA.
  • November 3, 2017 - Lightning Round: EMTALA Lessons, Presented at the Louisiana Hospital Association's Annual Health Law Symposium
  • September 9, 2017 - Practical Pointers for Hospitals Handling the Opioid Crisis, AMERICAN HEALTH LAWYERS ASSOCIATION, Moderator
  • June 26-27, 2017 - Potholes Along the Golden Gate Bridge: Legal Ethics in Inside Counsel/Outside Counsel Interactions American Health Lawyers Association Annual Meeting In San Francisco, CA.
  • March 23, 2017 - Behavioral Health Lightening Round - Six Stories of What Not To Do Under EMTALA, Louisiana Association of Behavioral Health, Spring Education Conference.
  • January 20, 2017 - Everything You Wanted to Know About State Licensing but Were Afraid to Ask, Presented at the Louisiana Ambulatory Surgery Center Association Annual Meeting.
  • January 19, 2017 - EMTALA Update, Presented at the Louisiana Hospital Association's annual Behavioral Health Update.
  • June 28, 2016 - A Strategic Framework for Hospital Partnership and Affiliation Models, AMERICAN HEALTH LAWYERS ASSOCIATION ANNUAL MEETING in Denver. Moderator of Luncheon Program.
  • June 6, 2016 – An Interactive Case Study: How to Respond to Complaints of Unnecessary Medical Procedures in the Hospital, Part I, AMERICAN HEALTH LAWYERS ASSOCIATION. Moderator.
  • March 3, 2016 – The Consolidation Continuum: Alternative Provider Alignment Structures Part II: Hospital Partnership and Affiliation Models--A Strategic Framework, AMERICAN HEALTH LAWYERS ASSOCIATION. Moderator.
  • October 1, 2014 - EMTALA & Psychiatric Issues, Presented for LSU-OLOL Psychiatry Residency Program.
  • August 20, 2014 - Mental Health and EMTALA, Presented at the Louisiana Hospital Association’s annual Mental Health Law Update conference.
  • February 12, 2014 - Public/Private Partnerships Educational Series: Part I: Alternative Sources of State Medicaid Match – CPEs, IGTs and other Obscure Acronyms, American Health Lawyers Association
  • January 13, 2014 – Public Health Systems Affinity Group Educational Call: “HIPAA/ HITECH Update: Practical Effects and Enforcement Trends.” , AMERICAN HEALTH LAWYERS ASSOCIATION.
  • October 15, 2013 – Introduction to Compliance. Guest Lecturer for Paul M. Hebert (LSU) Law Center’s Health Law Survey Course.
  • July 24, 2013 – ACOs, “The Basics?” Presented at the Annual Meeting of the LOUISIANA / MISSISSIPPI HOSPICE AND PALLIATIVE CARE ASSOCIATION in New Orleans, LA.
  • June 22, 2013 – Health Reform Update (PPACA Insurance Mandate). Presented at the Annual Meeting of the LOUISIANA ASSOCIATION OF GENERAL CONTRACTORS in SanDestin, FL.
  • May 9, 2013 - Mental Health and EMTALA. Presented at the Louisiana Hospital Association’s annual Mental Health Law Update conference.
  • February 11-12, 2013 - The MSO's Prognosis After ACA: A Viable Integration Tool? American Health Lawyers Association Physicians and Physician Organizations Law Institute in Phoenix, AZ. Presented with Greg Anderson of Horne, LLP.
  • January 24, 2013 - Physician Alignment Issues. Presented at the Louisiana Hospital Association's Business Health Law Program.
  • September 6, 2012 - Evaluation and Valuation: Key Considerations When Analyzing a Public Health System Transaction. American Health Lawyers Association. Moderated webinar presentation with Casey Nolan and Jerry Chang of Navigant Consulting.
  • March 26, 2012 – Louisiana Governmental Ethics Issues: A Top Ten List for Hospital Service District Board Members. Presented for Lane Regional Medical Center’s Board of Commissioners.
  • March 19, 2012 – EMTALA Basics. Presented for the Woman’s Hospital Medical Staff.
  • March 13, 2012 – What Healthcare Lawyers Really Do. Presented for the River City Legal Professionals
  • March 1, 2012 - Mental Health Issues in EMTALA: Recent Developments. Presented at the Louisiana Hospital Association’s annual Mental Health Law Update conference.
  • October 7, 2011 - EMTALA And Enforcement Actions. Presented at the Louisiana State Bar Association’s Health Care Reform Conference.
  • May 17, 2011 - Accountable Care Organizations (ACO's): The "Basics"?  Presented at the Louisiana Organization of Nurse Executives Spring Education conference.
  • March 15, 2011–Mental Health Issues in EMTALA. Presented at the Louisiana Hospital Association's Mental Health Law Update Conference.
  • November 9, 2010– Legal & Regulatory Issues in EHR and HIE.  Presented at the 2010 Louisiana HIPAA Conference.
  • September 30, 2010 –Is Your Hospital Prepared for the Next Emergency?  A webinar presented by the American Health Lawyers Association providing an overview of emergency preparedness law and addressing regulatory and operational real-life emergency scenarios hospitals may face.  Presented Operational Issues session.
  • June 2, 2010 –Louisiana Healthcare Reform Conference. A one-day conference on the Patient Protection and Affordable Care Act and other recent healthcare reforms. Presented sessions: (1) The Skinny on Healthcare Reform: An Overview, (2) Physician-Owned Hospital Summary, (3) Physician Owned Hospitals Breakout Session.
  • May 6, 2010 –The Skinny on Healthcare Reform: What Lawyers Need to Know. Presented Continuing Legal Education Program for the Baton Rouge Bar Association.
  • March 27, 2010 –Sitting with the Cool Kids - Moderated seminar at the Baton Rouge Bar Association's Bench Bar Conference where local judges and lawyers met in small groups to discuss professional issues and courtroom decorum.
  • January 20, 2010 –Compliance Program Basics: Setting up The Process - Introduction to Compliance Practice. A seminar sponsored by the Louisiana Hospital Association for Hospital CEOs, Vice President of Patient Care Services, Compliance Officers, Directors of Nursing, Risk Managers, Medical Auditors, and Hospital Attorneys, presented section on Introduction to Compliance Practice and led table discussion of common operational issues.
  • September 29, 2009 –Compliance Training. Presented in-house training to all West Jefferson Medical Center personnel.
  • June 18, 2009 Compliance Seminar on Physician Related Issues: Gifts and Professional Courtesy to Physicians. A seminar sponsored by the Louisiana Hospital Association for hospital CEOs, Vice President of Patient Care Services, Compliance Officers, Directors of Nursing, Risk Managers, Medical Auditors, and Hospital Attorneys, presented section on Gifts and Professional Courtesy to Physicians
  • April 7, 2009 – Advanced Directives and DNR Designations. Presented Continuing Medical Education Program at Byrd Regional Hospital Medical Staff Meeting.
  • April 7, 2009 – The Captain of the Ship and Your Scope of Practice. Presented educational Program to Byrd Regional Hospital Operating Room Staff.
  • March 26, 2009 – Mental Health Law Update. Acted as moderator of seminar sponsored by the Louisiana Hospital Association primarily for hospital administrators, program directors and presented the section on EMTALA and Mental Health Law Issues on panel with Louisiana Office of Mental Health Deputy Secretary.
  • January 13, 2009 – Compliance Program Basics: Introduction to Compliance. A seminar sponsored by the Louisiana Hospital Association for hospital CEOs, Vice President of Patient Care Services, Compliance Officers, Directors of Nursing, Risk Managers, Medical Auditors, and Hospital Attorneys, presented section on Introduction to Compliance Practice.
  • November 4, 2008 – Advanced Directives and DNR Designations. Presented Continuing Medical Education Program at the Ochsner St. Anne General Hospital Medical Staff.
  • May 8, 2008 – Health Law Update: Fraud and Abuse. A seminar sponsored by the Louisiana Hospital Association for its members.
  • March 27-29, 2008 – A Jukebox of Jurisprudence and Musical Chairs with the Judges. Presented at the Baton Rouge Bar Association's Bench Bar Conference: (1) Moderator of a panel of city, civil, criminal, family court and federal judges who provided a review of recent cases and legislation and (2) organizing a seminar where over 150 lawyers met in small groups with more than 30 local judges to discuss professional issues and courtroom decorum.
  • April 13, 2007 - Speed Dating with Judges - Seminar with over 100 lawyers and 30 local judges to discuss professional issues and courtroom decorum.
  • June 29, 2006 and June 21, 2007 - Tackling Advanced Medical Practice Issues in Louisiana - A National Business Institute Seminar to Baton Rouge medical malpractice lawyers.
  • April 12, 2006 and April 19, 2007 - Louisiana Medical Malpractice Act: Patient's Compensation Fund, Medical Review Panel and Expedited Procedures. Seminar presented to AIG adjusters.
  • May 9, 2005 - EMTALA and On-Call Duties - Presented Continuing Medical Education Program at the Quarterly Meeting of the Slidell Memorial Hospital Medical Staff.
  • March 8, 2005 - Practical Law. Presented to the Junior League of Baton Rouge.
  • May 15, 2003 - Litigation & HIPAA. Presented at "Collection Law for the Health Care Industry in Louisiana" sponsored by Lorman Education Services.
  • November 7, 2002 - Assignment of Benefits. Presented at The 13th Annual Health Law Symposium of the Louisiana Society of Hospital Attorneys.
  • December 4, 2001 - The Basics of EMTALA: The Emergency Medical Treatment and Active Labor Act. Presented to Riverwest Hospital Medical Staff.
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Expert Witness Engagements

  • Consuelo Cervantes vs. Tenet Hospitals Limited, A Texas  Limited Partnership D/B/A/ The Hospitals Of Providence East Campus, Civil Action No. 3:18-Cv-00110-Kc, United States District Court For The Western District Of Texas El Paso Division (March 4, 2019).  Provided expert opinion regarding whether hospital satisfied Emergency Medical Treatment and Labor Act (“EMTALA”) requirements related to medical screening examinations in accordance with 42 U.S.C. §1395dd(a), 42 C.F.R. §489.24(a)(i), and associated healthcare regulatory guidance.
  • Highline Health, L.L.C. vs. UTC Laboratories, L.L.C. AAA Case No. 01-16-0003-3824 (June 30, 2017).  Provided expert opinion regarding whether an agreement related to Master Distributor Agreement (MDA) for laboratory presents an unduly high risk of violating state or federal healthcare laws and whether the fair market value evaluation of the MDA compensation takes appropriate factors into account.