Kurt E. Bratten

Kurt Bratten is a partner in our Health Law Department. His practice includes a wide range of civil litigation, transactional work, compliance and other advisory services. Kurt’s primary focus is on counseling health care providers regarding various compliance and transactional matters such as state and federal data security and privacy requirements, managed care and other contractual matters, and state and federal regulatory requirements applicable to various provider groups. He frequently assists clients with the assessment of security incidents, HIPAA compliance and response to breaches, and has represented clients before state and federal agencies relating to various cyber security and privacy matters. Kurt represents nursing homes, adult care facilities, clinical laboratories, home care agencies, mental health providers, health care provider associations, physician practices, management companies, individual physicians and other licensed professionals. He also advises a range of institutional clients including those outside of the health care system, about corporate formation, data security, employment, intellectual property and general business matters.

Kurt’s litigation practice is concentrated on representing health care providers and licensed professionals in administrative proceedings, regulatory enforcement matters, Article 78 actions and other civil litigation. Kurt has litigated complex issues in state and federal courts in New York and Massachusetts, including ERISA and fraud claims, intellectual property disputes, and novel issues of law. His business litigation experience includes employment and contractual disputes, corporate break-ups, and more specialized areas such as intellectual property matters, piercing the corporate veil, trade secret protection and the enforcement of restrictive covenants. Of equal importance, Kurt has successfully advised clients about how and when to avoid litigation so they can focus their energy and resources on their business or caring for patients.

Kurt is currently the Vice-Chair of the Board of Directors of the Empire State Youth Orchestras and member of the Board of Directors of The Legal Project. Prior to joining the firm, Kurt practiced with a law firm in Boston, Massachusetts.

Education

  • New England School of Law
  • Mary Washington College

Presentations

  • HIPAA Basics
  • Responding to a Data Breach in New York
  • Cybersecurity and HIPAA: Emerging Issues and Enforcement Trends in New York
  • Department of Health Inspection and Enforcement Process
  • Cybersecurity and HIPAA Compliance for Boards of Directors
  • Current Trends and Emerging Liabilities
  • Cybersecurity for Board Members
  • HIPAA and the HITECH Act
  • Preparing Acceptable Plans of Correction and the Department's Expectations
  • HIPAA, Covered Entities and Security of Protected Health Information
  • 5th Annual Cybersecurity Symposium
  • How to Respond to a Data Breach in New York
  • How to Effectively Respond to a Data Breach
  • How to Protect Your Nursing Home and Increase Compliance Through the Admission Process
  • Data Security and HIPAA Compliance
  • Cybersecurity Compliance
  • Legal Update
  • How to Respond to a Data Breach in New York
  • Data Security and HIPAA in Assisted Living: Practical Tips about Compliance Security and Current Trends
  • Data Security and HIPAA in Long Term Care: Practical Tips About Compliance, Security and Current Trends
  • Strategies After the Managed Care Contract is Signed
  • Cybersecurity for Clinical Laboratories
  • Managed Care: More Tools for the Toolbox
  • What is an IPA and Why Should I Care?
  • Managed Care Contracting: Tools for Navigation
  • HIPAA Compliance for Clinical Laboratories
  • HIPAA Compliance: Business Associates and Fundraising Under the Omnibus Final Rule
  • Assisted Living Legal Update
  • Taking the Mystery Out of Managed Care Contracting
  • Working Together for Success: Partnering with Managed Care Organizations

Admissions

  • United States Court of Appeals, First Circuit
  • United States Court of Appeals, Second Circuit
  • United States District Court, District of Massachusetts
  • United States District Court, Northern District of New York
  • United States District Court, Southern District of New York
  • United States District Court, Eastern District of New York
  • Massachusetts
  • New York State

Board Memberships

  • Board Member, Legal Project
  • First Vice Chair, Empire State Youth Orchestra

Professional Associations

  • American Health Lawyers Association
  • New York State Bar Association
  • Albany County Bar Association
  • Leadership Tech Valley, Class of 2012
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