Bratten Headshot

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 Chair 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
    New York State Bar Association
    New York, NY | March 2019
  • Responding to a Data Breach in New York
    New York State Bar Association
    New York, NY | February 11, 2019
  • Cybersecurity and HIPAA: Emerging Issues and Enforcement Trends in New York
    New York State Health Facilities Association and New York State Center for Assisted Living
    Webinar and Audio Conference | November 2018
  • Department of Health Inspection and Enforcement Process
    New York State Health Facilities Association and New York State Center for Assisted Living
    23rd Annual Fall Education Conference | November 2018
  • Cybersecurity and HIPAA Compliance for Boards of Directors
    Association for Community Living
    39th Annual ACLAIMH Conference | November 2018
  • Current Trends and Emerging Liabilities
    GreyCastle Security
    6th Annual Cybersecurity Symposium | September 2018
  • Cybersecurity for Board Members
    Upstate New York Chapter of the Turnaround Management Association
    Webinar with GreyCastle Security | May 2018
  • HIPAA and the HITECH Act
    New York State Bar Association
    Fundamentals of Health Law | 2017
  • Preparing Acceptable Plans of Correction and the Department's Expectations
    NYSHFA & NYSCAL
    22nd Annual Fall Education Conference & Trade Show | 2017
  • HIPAA, Covered Entities and Security of Protected Health Information
    New York State Office of Mental Health
    Behavioral Health Information Technology Program Webinar | 2017
  • 5th Annual Cybersecurity Symposium
    GreyCastle Security | 2017
  • How to Respond to a Data Breach in New York
    Northeast/Mid-Atlantic Region of the Association for Healthcare
    Documentation Integrity Annual Meeting | 2017
  • How to Effectively Respond to a Data Breach
    Progressive Surgical Solutions Webinar | 2017
  • How to Protect Your Nursing Home and Increase Compliance Through the Admission Process
    NYSHFA & NYSCAL Webinar | 2017
  • Data Security and HIPAA Compliance
    New York State Office of Mental Health
    Behavioral Health Information Technology Program Webinar | 2017
  • Cybersecurity Compliance
    GreyCastle Security
    Board of Directors Breakfast | 2016
  • Legal Update
    New York State Center for Assisted Living
    Fall Conference | 2016
  • How to Respond to a Data Breach in New York
    NYSHFA & NYSCAL
    1st Annual Emergency Preparedness Symposium | 2016
  • Data Security and HIPAA in Assisted Living: Practical Tips about Compliance Security and Current Trends
    New York State Center for Assisted Living
    2016 Emergency Preparedness for Adult Care Facilities Webinar and Audio Conference Series | 2016
  • Data Security and HIPAA in Long Term Care: Practical Tips About Compliance, Security and Current Trends
    NYSHFA & NYSCAL
    Mid-Winter Conference | 2016
  • Strategies After the Managed Care Contract is Signed
    Leading Age | 2015
  • Cybersecurity for Clinical Laboratories
    American Association of Bioanalysts | 2015
  • Managed Care: More Tools for the Toolbox
    Association for Community Living
    Management Symposium | 2015
  • What is an IPA and Why Should I Care?
    Association for Community Living Webinar | 2015
  • Managed Care Contracting: Tools for Navigation
    Association for Community Living
    Management Symposium | 2014
  • HIPAA Compliance for Clinical Laboratories
    American Association of Bioanalysts | 2014
  • HIPAA Compliance: Business Associates and Fundraising Under the Omnibus Final Rule
    Hospice & Palliative Care Association of New York State
    Annual Interdisciplinary Seminar and Meeting | 2014
  • Assisted Living Legal Update
    New York State Center for Assisted Living
    Mid-Winter Conference | 2014
  • Taking the Mystery Out of Managed Care Contracting
    New York State Health Facilities Association, Fall Conference | 2013
  • Working Together for Success: Partnering with Managed Care Organizations
    Association for Community Living
    Annual ACLAIMH Conference | 2013

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

Professional Associations

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

Board Memberships

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