Information Header

Some information goes here

This box will hide on Careers page (disable by jQuery in navtop)

Contact Information

gina.kastel@FaegreBD.com2200 Wells Fargo Center
90 S. Seventh Street
Minneapolis, Minnesota 55402-3901
T: +1 612 766 7923
F: +1 612 766 1600

Education

Harvard Law School
J.D., magna cum laude (1999)
Trinity College, Dublin
(1993)
University of Notre Dame
B.A., with highest honors, Phi Beta Kappa (1992)

Gina M. Kastel

Partner

Gina Kastel advises a wide range of health care companies, including hospitals, health systems, physician practices, medical device manufacturers, health care franchisors and consulting firms on regulatory matters and corporate transactions. In addition to her health care experience, Gina has a deep background in the law of nonprofit and tax-exempt organizations. She takes a pragmatic, business-focused approach to client counseling and advising. Gina's representative transactions include:

Health Information Privacy and Security

  • Advising health care providers, medical device manufacturers, consulting organizations and software companies regarding health information privacy and security issues, including compliance with HIPAA's privacy and security regulations, state medical records laws, and the federal substance abuse records act.
  • Managing data security breaches and assist clients in remediating breaches and providing notice to affected individuals and government agencies.
  • Defending covered entities and business associates in investigations by the Office of Civil Rights and the Minnesota Attorney General regarding alleged privacy and security violations.

Health Care Compliance

  • Advising hospitals, physician practices and medical device manufacturers regarding compliance with the federal anti-kickback statute, the Stark Law, the False Claims Act and similar state laws.
  • Helping device manufacturers structure relationships appropriately with physicians, manage relationships with sales staff and distributors, comply with the Physician Payments Sunshine Act and similar state laws, develop compliance plans, and adhere to industry ethics standards, including the AdvaMed Code.
  • Representing clients in internal and government investigations by CMS, the Department of Justice and the Minnesota Attorney General.
  • Helping clients comply with facility and individual practitioner licensure requirements, including prohibitions on the corporate practice of medicine, fee splitting and referral restrictions.
  • Assisting national companies, including retail clinic operators and health care franchisors, in managing regulatory issues across state lines.

Transactions

  • Drafting and negotiating agreements for professional and administrative services, and recruitment support.
  • Assisting clients in mergers, acquisitions, and forming and restructuring joint ventures, subsidiaries and other affiliates.

Reimbursement

  • Advising hospitals, physician practices, skilled nursing facilities and medical device manufacturers regarding billing and reimbursement issues, including compliance with Medicare and Medicaid requirements.
  • Assisting clients in taking advantage of alternate payment structures, including accountable care organizations and gainsharing.

Exempt Organizations

  • Counseling public charities, private foundations, trade associations and other exempt organizations on maintaining their tax-exempt status, complying with the private foundation excise tax rules, avoiding excess benefit transactions and complying with charitable solicitation laws.
  • Assisting with corporate transactions, including mergers, acquisitions and joint ventures.
  • Advising nonprofit boards of directors regarding corporate governance, fiduciary duties and managing conflicts of interest.

Professional Associations

  • International Association of Privacy Professionals
  • American Health Lawyers Association
  • IRS Tax-Exempt/Governmental Entities Council, Great Lakes Region
  • Minnesota State Bar Association — Health Law Section, Governing Council

Civic Activities

  • Ten Thousand Things Theater Company — Board Chair

Presentations

  • Reporting PHI Breaches Under the New Omnibus and Obamacare Thresholds
    Minnesota Health Privacy Summit, Twin Cities Privacy Network, Mayo Clinic, Rochester, Minnesota, December 6, 2013
  • Tax-Exempt Status for Non Profit Hospitals — Are You in Jeopardy of Noncompliance?
    Co-presenter with Maureen Kesmarki of Adventist Health System, 10th Annual American Health Care Congress (AHCC), Anaheim, California, December 3, 2013
  • The New HIPAA Regulations: 138 Pages Distilled for the Practitioner
    Minnesota CLE, 2013
  • HIPAA 2013: Don't Get Run Over by the Omnibus
    Minnesota Privacy Summit, 2013
  • Foundation Law 201
    Minnesota Council on Foundations, 2013
  • Key HIPAA Changes
    Minnesota E-Health Summit, 2013
  • Contract Negotiation and Drafting
    Minnesota CLE, 2013
  • Omnibus HIPAA Rule: Impact on Covered Entities
    Strafford, 2013
  • Community Health Needs Assessments
    Minnesota Hospital Association, 2012
  • HIPAA Privacy and Security: Surviving Heightened Enforcement
    HIPAA Summit West, 2011
  • Classes of Federal Tax Exemption
    Minnesota CLE, 2011
  • Legal Basics for Corporate Grantmakers
    Minnesota Council on Foundations, 2011
  • Other Significant New Developments
    Health Law Institute, Minnesota CLE, 2010

Published Articles

  • Beyond Health Care Reform
    Frequent Contributor, Faegre Baker Daniels Blog on Legal and Regulatory Impact of Health Care Reform