Jolie N. Havens

Jolie is a partner in the Vorys Columbus and Houston offices and the immediate past chair of the firm’s health care group.  She also serves as the firm’s chief diversity & inclusion officer where she leads the firm’s strategy, policies and practices related to diversity, equity, and inclusion.

Jolie maintains a national practice focused on health care transactions, contracting, compliance, and provider/practitioner reimbursement, with significant experience involving hospitals and physicians.  Jolie has counseled providers, practitioners, and other stakeholders across the industry, including adult and children's hospitals and health systems, physicians and physician groups, pharmacies and pharmacy benefit managers, home health agencies, ambulatory surgery centers, diagnostic centers and faculty practice plans, as well as manufacturers, distributers and sellers of medical devices, pharmaceuticals, dietary supplements, and other products regulated by the Food and Drug Administration (FDA), on legal issues involving:

• Mergers, acquisitions, and other industry consolidation, integration, and service expansion models, including seller and buyer representation;
• Third-party payor enrollment and contracting (including managed care);
• Provider/practitioner licensure, certification, registration, and accreditation, as well as scope of practice issues;
• Medicare, Medicaid, and private payor billing, coding, documentation, coverage, and reimbursement, including related appeals, audits, and disclosures of overpayments, as well as government and internal investigations;
• Compliance with federal and state fraud and abuse laws, including the federal Anti-Kickback Statute, the federal Stark Physician Self-Referral Law, the federal False Claims Act, and related government investigations and audits before the Centers for Medicare and Medicaid Services, the Ohio Department of Medicaid, and their contractors, as well as the Department of Justice, the Office of the Inspector General, and the Ohio Attorney General;
• Issues unique to concierge medical practices, medical spas, and other aesthetic providers, including supervision and scope of practice issues associated with injectables (including botulinum toxins and dermal fillers), lasers, hydration therapy, and other cosmetic treatments and procedures;
• Compliance with the federal Food, Drug and Cosmetic Act, other FDA guidance, and related federal and state laws (including FTC advertising authorities), as related to drugs, medical devices (including personal protective equipment), dietary supplements, vaccines, biologics, cosmetics, medical foods, and nutraceuticals, including pre-market strategies and applications (510(k)s, emergency use authorizations (EUAs), and testing), as well as post-market compliance, such as labeling, advertising and promotion, adverse event reporting, recalls, good manufacturing practices, and responding to enforcement actions; 
• Compliance with the Health Insurance Portability and Accountability Act (HIPAA) and its implementing regulations, both as to health care providers and group health plans as covered entities and various business associate relationships, including banks as business associates;
• Compliance with the Emergency Medical Treatment and Active Labor Act (EMTALA) and various other health care laws;
• Professional disciplinary actions, including representation of physicians, nurses, pharmacists, nursing home administrators, counselors, and other licensed practitioners before the State Medical Board of Ohio, Ohio Board of Nursing, Ohio Board of Pharmacy, Board of Executives of Long-Term Services and Supports, and Counselor, Social Worker and Marriage and Family Therapist Board; and
• Legal and business implications of medical marijuana, cannabis products, and hemp products.

Career highlights include:

• Advising Worthington Industries, Inc., in its spin-off of Worthington Steel, Inc., as an independent, publicly traded company;
• Serving as lead outside counsel to a world-renowned children’s hospital (ranked nationally in all 10 pediatric specialties by U.S. News & World Report) relative to all hospital legal matters;
• Representing hospitals, physician groups, and other provider types relative to mergers, acquisitions, consolidation, alignment, affiliation, and various integration strategies, including preparation and negotiation of definitive transaction documents for asset deals and member substitutions, physician employment arrangements, and space and equipment leasing, as well as conducting full legal due diligence and overall transaction management;
• Assisting clients across the health care industry with formation of compliance and reimbursement strategies, including considerable experience relative to provider-based sites, start-up sites, and other operational expansion;
• Assisting clients across the health care industry and in various other industries (including the retail industry) with business and compliance issues related to the manufacturing, distribution, and sale of medical devices, including personal protective equipment, in conjunction with the COVID-19 pandemic;

• Serving as lead substantive health care and employee benefits expert behind June 2022 U.S. Supreme Court victory in Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc.

• Representing a multi-state hospital in a multi-million dollar False Claims Act investigation, including formulation and implementation of medical records and claims review protocols, negotiations with the Department of Justice, and analysis of overpayment liability;

Jolie regularly speaks both nationally and locally on health care reimbursement and compliance, as well as health care reform policy and compliance, and publishes often on the subjects.

Jolie is a member of the American Health Lawyers Association and the Society of Ohio Healthcare Attorneys.

Honors & Recognitions

The Best Lawyers in America, Health Care Law, 2021-2025

Columbus CEO, Best Lawyers, Health Care Law, 2023-2024

Chambers and Partners, "Outstanding Contribution to Furthering the Advancement of Diversity in the Legal Profession” Award, 2019

Most Powerful and Influential Woman, Ohio Diversity Council, 2018

Columbus CEO, Top Lawyers in Columbus, 2015

Chambers and Partners, Leading Lawyer in Health Care, 2012-2015, 2019-2024