Overview
Kristen O'Brien is a healthcare policy and regulatory attorney in Holland & Knight's Washington, D.C., office. Ms. O'Brien focuses her practice on advising physician organizations, health systems, healthcare technology companies and trade associations on federal legislative, regulatory and reimbursement matters.
With experience spanning private practice, a national physician association and Capitol Hill, Ms. O'Brien helps clients navigate complex healthcare policy issues affecting Medicare, Medicaid and health information technology (IT). She regularly advises healthcare executives, boards and provider organizations regarding the legislative and regulatory impact of key healthcare policy priorities, including reimbursement, federal funding, emerging regulatory requirements and quality reporting programs.
Ms. O'Brien also develops and advances advocacy strategies before the U.S. Congress and federal agencies, drafts legislation and regulatory comment letters, and represents healthcare stakeholders in policy discussions involving payment and healthcare delivery reform.
A significant aspect of Ms. O'Brien's practice includes advising large physician groups, integrated health systems, provider organizations and healthcare technology companies on Medicare payment policies and federal healthcare programs. She has extensive experience analyzing Medicare and Medicaid regulations, quality reporting programs – including the Merit-Based Incentive Payment System (MIPS) and reimbursement requirements – as well as issues related to interoperability, health information exchanges, information blocking and health IT. She has extensive experience working with stakeholders to improve implementation of recently passed legislation, including the No Surprises Act, 21st Century Cures Act and other major healthcare reforms.
Prior to joining Holland & Knight, Ms. O'Brien was principal of a healthcare policy consulting firm, where she led federal regulatory and advocacy efforts for large physician groups, trade associations, health systems and health IT companies. Previously, she practiced at a boutique law firm in Washington, D.C.
Earlier in her career, Ms. O'Brien worked as senior legislative counsel for a leading national physician association, where she worked on matters related to state and federal issues affecting physicians, including reimbursement, Medicare Part B and Part D payment, price transparency, interoperability and prior authorization. She also coordinated advocacy efforts with state and specialty medical associations, drafted comment letters and advised congressional, agency and state officials on healthcare policy matters.
Before that, Ms. O'Brien was an associate at an international law firm, where she counseled clients on healthcare policy, Medicare and Medicaid coverage and reimbursement issues, the Affordable Care Act, and legislative and regulatory matters affecting healthcare providers. Prior to entering private practice, Ms. O'Brien served as a law clerk for U.S. Sen. Max Baucus (D- Mont.), where she drafted briefings on healthcare legislation before Congress and other policy matters.
Representative Experience
- Develop and advance regulatory strategies to protect physician and hospital Medicare reimbursement, including analysis of proposed Centers for Medicare & Medicaid Services (CMS) payment policies, development of technical policy and legal arguments, coalition strategies and preparation of comments and agency meetings
- Lead multidisciplinary advocacy efforts involving the U.S. Department of Health and Human Services (HHS), Federal Trade Commission (FTC), Office of the National Coordinator for Health Information Technology, U.S. Congress and CMS, combining healthcare regulatory experience with legislative strategy to advance client objectives
- Ensured continuation of and modification to quality measures in the Medicare Advantage Star Ratings and Merit-Based Incentive Payment System (MIPS) programs relevant to specific medical device company products
- Advise healthcare technology companies and other stakeholders on federal interoperability policy, including the Trusted Exchange Framework and Common Agreement (TEFCA), dispute processes for health information exchanges, requirements for electronic prior authorization and interoperability standards
- Represent stakeholders before federal policymakers on the No Surprises Act, helping develop policy recommendations, regulatory strategies and data analyses
- Translate highly technical healthcare payment and quality reporting requirements into clear regulatory, legislative and advocacy strategies
Credentials
- Georgetown University Law Center, J.D., cum laude
- Cornell University, B.A., summa cum laude
- District of Columbia
- Dean's List, Georgetown University Law Center
- Phi Beta Kappa
- Pi Sigma Alpha