Catherine H. Gillespie
Catherine H. Gillespie focuses on higher education law, health care, and corporate and tax law issues generally affecting nonprofit and tax-exempt organizations.
Cathy's work with colleges and universities includes advice on the interpretation and implementation of FERPA, the Clery Act, HIPAA and the Americans with Disabilities Act. She regularly advises colleges and universities on a wide-range of matters, including student-related matters; grievance procedures; drafting faculty policies and procedures; writing and reviewing contracts; compliance with federal and state regulations; real estate tax and other charitable exemption issues; drafting amendments to bylaws and articles of incorporation; and governance issues. Cathy is also involved with bond financings as the college or university's counsel.
Due to her prior experience as a social worker in the health care field and her legal training, Cathy understands health care professions and organizations and regularly works with 501(c) health care entities to advise them on board governance and structure, state and federal regulatory compliance, licensure issues, contractual arrangements and day-to-day business operations.
Cathy has advised 501(c)(3) hospitals being acquired by for-profit entities. She regularly obtains 501(c) status for nonprofit clients and subsequently advises them on compliance efforts to maintain that status.
Cathy is a former assistant professor of Social Work at Alderson-Broaddus College in West Virginia and a former assistant director of social service at the Eger Nursing Home in Staten Island, New York, a 336-bed facility.
She is certified by the Health Care Compliance Association in Health Care Compliance (CHC).
Cathy received a Bachelor of Science degree, magna cum laude, from Hunter College of the City University of New York in 1973, where she received the Emma Ward Ackerle Scholarship for graduate study in health sciences. Cathy has earned a master’s in Social Work from the West Virginia University School of Social Work in 1983, and a master’s of Public Health from the University Of Michigan School Of Public Health in 1974. Both advanced degrees had an emphasis on gerontology. She attended law school at the Cecil C. Humphreys School of Law of Memphis State University (1985-86) where she received the Herbert Herff Scholarship. She received her J.D., cum laude, from The Dickinson School of Law in 1989.
- Completed the transfer of all health care operations of a 501 (c)(3) unincorporated system of health care providers at five different sites to a related charitable corporation. This included the transfer of the licenses, certificates, Medicaid and Medicare provider numbers for personal care homes; skilled nursing facilities; pharmacies; clinical laboratories; hospice providers; a day care center; home care; and other related licenses and certificates
- Negotiated the sale of a university owned and operated health care clinic to another 501(c)(3) organization
- Counseled a hospital regarding its withdrawal from a health care system
- Presenter, “This Year in Nonprofit Law,” Montgomery McCracken and Nonprofit Issue‘s 29th Annual “This Year in Nonprofit Law,” November 20, 2019
- Presenter, “This Year in Nonprofit Law,” Montgomery McCracken and Nonprofit Issue‘s 29th Annual “This Year in Nonprofit Law, ” November 13, 2018
- Presenter, “Helping Colleges Comply with the Americans with Disabilities Act,” Holy Family University, March 21, 2017
- Presenter, “This Year in Nonprofit Law,” Montgomery McCracken and Nonprofit Issue‘s 22nd Annual “This Year in Nonprofit Law,” November 2012
- Speaker, “The Application of the Americans with Disabilities Act in Higher Education,” Cabrini College, November 2012
- Speaker, “Risk Management – Legal Issues in Long Term Car,” March 2012
- Presenter, “This Year in Nonprofit Law,” Montgomery McCracken and Nonprofit Issue‘s 21st Annual “This Year in Nonprofit Law,” November 2011
- Speaker, “Managing Risk in Study Abroad Programs,” The College and University Health Safety and Security Seminar, Overseas Security Advisory Council, Arcadia University, August 2011
- Presenter, “This Year in Nonprofit Law,” Montgomery McCracken and Nonprofit Issue‘s 20th Annual “This Year in Nonprofit Law,” December 2010
- Speaker, “Missing Student Procedures and Other Clery Act Changes Under HEOA and FERPA Final Regulations,” Montgomery McCracken’s Fall Forum for Colleges and Universities, October 2010
- Presenter, “Legal Topics in Higher Education,” 16th Annual education and Law Conference, University of Southern Maine, July 2009
- Presenter, “Home Care Compliance in New Jersey,” May 2009
- Presenter, “The ‘Difficult’ Family Member” and “HIPAA: Its Effect on Long Term Care Providers,” LifeSpan/PANPHA
- Presenter on record retention, response to record requests, admission agreements, marketing goals versus legal issues and the Form 990 as a “marketing” tool, Leadership Healthcare National Conference, March 2007
- Presenter, “The Legal Audit Checklist for Long Term Care Facilities,” Pennsylvania Association of Nonprofit Homes for the Aging (PANPHA) Annual Meeting, 2006
- Author, “HIPAA Waivers and “Enforcement Discretion” During COVID-19,” April 2020
- Quoted, “Therapy animals gain campus acceptance,” University Business, August 2016
- Author, “Therapy Animals” Unleashed in University Housing,” June 2016
- Featured, “People on the Move,” Philadelphia Business Journal, October 2013
- Author, “The Issue of ‘Consent’ and Testing for Substance Abuse in Pennsylvania Nursing Homes,” Pennsylvania Medical Directors Association Newsletter, February 2005
- National Association of College and University Attorneys
- Ralston Center, board of managers
- Woodgate Homeowners Association, board member
- Pennsylvania Bar Association
- New Jersey Bar Association
- American Health Lawyers Association
- Health Care Compliance Association
- Dickinson School of Law
- University of Michigan School of Public Health|West Virginia University School of Social Work
- Hunter College of the City University of New York
HIPAA Waivers and “Enforcement Discretion” During COVID-19
The Department of Health and Human Services (“HHS”) has implemented limited 1135(b) waivers of certain Medicare requirements while the HHS Office of Civil Rights (“OCR”) has announced a policy of […]
Title IX Update: DoE Releases Significant Proposed Changes
This morning the Department of Education released a revised draft of proposed changes to regulations governing the obligations of higher education institutions under Title IX. This recent draft, which includes […]
CMS Issues Final Requirements for Participation for Long Term Care Facilities: First Complete Update Since 1991
On October 4, 2016, the Federal Register published the Centers for Medicare and Medicaid Services revised requirements for long term care facilities. 185 pages are devoted to publishing comments and […]
Therapy animals gain campus acceptance
Pets can help students cope with stress, depression and other mental disorders. But until recently, this well-documented remedy did not guarantee a space for therapy animals on campus. Lawsuits brought […]