Kelly Clarke’s practice concentrates on regulatory and transactional work, corporate compliance issues (reimbursement, fraud and abuse, Stark, tax exemption, HIPAA, etc.), physician contracts, governance and medical staff issues.
Kelly is a former member of the Board of Directors (1985—1993) and Past President (1991—1992) of the American Academy of Healthcare Attorneys, which is now the American Health Lawyers Association. He also served on the Governing Committee of the American Bar Association’s Health Law Forum (1985—1990), and on the Legal Services Committee of Catholic Health Association (1984—1987). He is a member and fellow in the American Health Lawyers Association. Since 1991, Kelly has been selected by his peers for inclusion in The Best Lawyers in America® in the field of Health Care Law and he is top-ranked in Chambers USA, America’s Leading Lawyers for Business (© 2013). Kelly was selected as Best Lawyers’ Omaha Health Care Law Lawyer of the Year in 2011. Additionally, he is “AV” rated by Martindale-Hubbell. Kelly has been a frequent lecturer on health care issues to industry and professional groups. He has spoken before many national and regional groups including the American Health Lawyers Association, the American Hospital Association, the American Bar Association, and numerous state hospital associations and regional groups.
Areas of Practice
- University of Colorado, J.D., 1970
- University of Virginia, B.A., 1966
Bar & Court Admissions
- Iowa, 1992
- Nebraska, 1970
Professional & Civic Affiliations
- Nebraska Bar Association
- Omaha Bar Association
- American Health Lawyers Association
- Past President and Board Member of Big Brothers, Big Sisters of the Midlands; Santa Monica, Inc.; and ICAN
Selected Practice Highlights
- Assisting hospitals and medical staff leaders with practitioner health, performance and peer review issues
- Advising on hospital and health system affiliation and integration strategies
- Developing, in cooperation with partners, HIPAA resources for institutional and professional providers and group health plans and assisting with investigations and breach notifications
- Representing clients on regulatory analysis and investigations, self-disclosure and voluntary repayments
- Assisting with physician recruitment and contracting
- Developing and advising several health information exchanges
Selected Recent Publications
- “The Choice to Refuse or Withhold Medical Treatment: The Emerging Medical-Ethical Consensus,” 13 Creighton Law Review, 795 (Spring 1980).