Kyle R. René

Kyle R. René

PARTNER
RICHMOND
T: 804.593.1368
F: 804.977.3292

Mr. René represents and advises post-acute and long-term care providers in matters impacting compliance, reimbursement, and licensing. From nursing homes and assisted living facilities to hospices, home health agencies (HHAs), durable medical equipment (DME) suppliers, and other providers of long-term and post-acute care, Mr. René focuses on matters impacting Medicare/Medicaid requirements of participation and licensure requirements under federal and state law, as well as reimbursement under Medicare, Medicaid, and commercial insurance. He has represented providers before state and federal agencies, including state licensing and survey agencies, the Centers for Medicare & Medicaid Services, and state professional licensing boards.
 
Prior to private practice, Mr. René served as General Counsel to a provider of skilled nursing and addiction recovery services in Maryland and Delaware where he oversaw the organization’s legal department and advised company executives in transactional and regulatory matters. He is routinely invited to speak before state and national audiences, including through the American Health Lawyers Association (AHLA), the American Health Care Association (AHCA), and various state-level trade associations service long-term, post-acute, and related healthcare and senior care providers and suppliers.
 

Memberships & Activities

  • Member: American Health Law Association
  • Member: California State Bar Association
  • Member: Indiana State Bar Association
  • Member: Maryland State Bar Association
  • Member: Virginia State Bar Association
  • Member: Washington D.C. Bar Association
  • Co-Director: Outreach In Love, St. Michael’s Parish (2020 - Present)
  • Volunteer: Family Lifeline (2019 - Present)
INSIGHTS

Speaking Engagements

“Strategies on Navigating IDRs, IIDRs, and ALJ Appeals” - American Health Care Association (October 2024)

“Medicare Secondary Payer and Section 111 Reporting: What it is and Why it Matters” - The Beacon Institute, Lifespan Network (October 2024)

“Boilerplate Breakdown: Understanding The Fine Print in Services Contracts” – LifeSpan 2024 Annual Conference & Expo (September 2024)

“Discharge Disruption: Breaking Down Virginia’s Anticipated Updates to ALF Discharge Regulations” – VHCA 2024 Annual Convention & Trade Show (September 2024)

“Fighting to Win at IDR and Beyond” - The Beacon Institute, Lifespan Network (August 2024)

“Litigation Avoidance Strategies” - The Beacon Institute, Lifespan Network (August 2024)

“Contracts Crash Course: Compliance and Strategy in Clinical Services Agreements” - The Beacon Institute, Lifespan Network (September 2023)

“Making Sales, Not Fails: Legal Considerations in Marketing and Communications” - LeadingAge Virginia (September 2023)

"Fine Print, Big Implications: How to Think Like a Lawyer in Reviewing Clinical Services Contracts" – The Beacon Institute, LifeSpan Network (January 2023)

"Key Compliance Considerations in Contracts with Outside Providers and Professionals”– The Beacon Institute, LifeSpan Network (September 2022)

“The Ins and Outs of Telehealth in a Post-Pandemic World”– The Beacon Institute, LifeSpan Network (September 2022)

“Appealing the Bad Survey Result”– American Health Care Association (October 2021)

"Litigation Avoidance Strategies in Post-Acute Care Settings”– American Health Care Association (October 2021)

“You’ve Got Mail: Various Communications form Government Agencies and How to Respond to Them”– The Beacon Institute, LifeSpan Network (September 2020, 2021)

"Cannabis Update: Medical and Recreational Use in Maryland and Ramifications for Long Term Care"– The Beacon Institute, Lifespan Network (April 2021)

"Best Legal Practices for ALF Licensure Inspection Preparation and Response"– Virginia Health Care Association / VCAL (April 2021)

"Raining on the Parade: Strategies When Nursing Home Residents Don’t Pay for Their Stay” – American Health Law Association, Long Term Care and the Law 2021 Conference (March 2021)

"Telehealth and Long-Term Care in the COVID-19 Era”– The Beacon Institute, LifeSpan Network (August 2020)

"COVID-19 Blanket Waivers: Where We Are, Where We Are Headed, and What this Means for You" – Virginia Health Care Association / VCAL (June 2020)

"Forging the Shield: Legal Considerations for Managing Abusive Residents in Skilled Nursing Facilities" – The Beacon Institute, LifeSpan Network (March 2020)

"The Rules and Reasoning Behind the IDR Process” – Virginia Health Care Association / VCAL (January 2020)

"Self - Reporting Guidance for Nursing Centers: Ensuring Compliance While Avoiding Risk" – Virginia Health Care Association / VCAL (September 2019)

"Legal Solutions to Common Long-Term Care Medicaid Problems: Accessing Documents, Filing Appeals, and Other Useful Tips to Ensuring Approval of Medicaid Cases”– The Beacon Institute, LifeSpan Network (February 2016, 2017, 2018, 2019)

ARTICLES

Client Alert: CMS Signals Openness to Updating Skilled Nursing Facility Cost Reporting Guidance Based on OIG Report

On December 20, 2024, the U.S. Department of Health & Human Services Office of the Inspector General (“OIG”) released a report (the “Report”) concerning purported failures on the part of skilled nursing facilities (“SNFs”) to properly disclose or account for “related-party costs” within their annual Medicare costs reports. The Report, entitled, “Some Selected Skilled Nursing Facilities Did Not Comply With Medicare Requirements for Reporting Related-Party Costs,” references an audit that examined how facilities reported costs among facility service providers. With respect to such service providers, the OIG found that, of fourteen facilities audited, three failed to disclose related-party relationships and seven failed to properly adjust for related-party costs in their Medicare cost reports.
 

Client Alert: HIPAA Happenings: U.S. Department of Health and Human Services Proposes Updated HIPAA Cybersecurity Rules

On January 6, 2025, the U.S. Department of Health and Human Services (“DHHS”) Office of Civil Rights (“OCR”) published a proposed rule entitled, “HIPAA Security Rule to Strengthen the Cybersecurity of Electronic Health Regulation” (the “Proposed Rule”). The Proposed Rule aims to address extensive developments in the management, transmission, and protection of electronic protected health information (“ePHI”) that have arisen since the latest revisions to applicable HIPAA regulations in 2013. Such developments include the expansion of threats to the confidentiality, accessibility, and integrity of ePHI, including evolutions in malware, ransomware, social engineering scams, and other threats, as well as the increase in mobile devices that access and store ePHI, expanded use of remote/mobile workstations, and greater reliance on electronic and cloud-based data systems. 

Client Alert: Not A Drill? Biden Administration Signals Updated Emergency Preparedness Rule For Medicare/Medicaid Providers And Suppliers

The Biden administration has signaled an intention to move ahead with publishing new, proposed requirements for Medicare/Medicaid-participating healthcare providers and suppliers in connection with emergency planning. However, with the upcoming change in presidential administrations, it is unclear whether, when, and to what extent any such updates may, in fact, be forthcoming.

Client Alert: Phoning It In: Congress Passes A Short Extension To Medicare Telehealth Flexibilities As 2025 Approaches

With the end of 2024 and an expiration of applicable Medicare telehealth flexibilities approaching, Congress passed the American Relief Act of 2025, preserving applicable flexibilities for an additional three months, through March 31, 2025. This is a step back from the extension envisioned under a prior version of the same legislation, which would have extended flexibilities through the end of 2026. However, the legislation will help facilitate some relief from the impending coverage gap that may have resulted from failure to pass legislation extending the expiration of existing telehealth flexibilities beyond December 31, 2024.