Isabelle Bibet-Kalinyak
Member
Cleveland
P: 216.348.5736
Isabelle Bibet-Kalinyak (Maître Bibet-Kalinyak) is a member of McDonald Hopkins and a corporate attorney in our national Healthcare Practice Group. She also leads the firm’s Immigration Practice Group. In addition, as the only French attorney in the Midwest region, she advises U.S. clients with overseas operations/deals in French-speaking countries and French-speaking companies that desire to expand operations/scope in the U.S.
Isabelle is passionate about business and the law. Fluent in French, her native language, Isabelle has more than 28 years of international business experience in the healthcare, aerospace and plastics industries. Prior to joining McDonald Hopkins, she worked as a corporate health care attorney for the law firm of Brouse McDowell after honing her legal skills in-house for a major health system (Akron General Health System, now part of the Cleveland Clinic) and a local county hospital (Robinson Memorial Hospital). She served in senior strategic business development positions for a global pharmaceutical company (Sanofi-Aventis). She also served as General Manager of a division for a global manufacturer of aircraft and train parts in Paris, France (Schneller Inc., now a division of the Transdigm Group). She is a frequent presenter at national and local conferences (American Health Lawyers Association (AHLA), American Society of Ophthalmic Administrators (ASCRS/ASOA), Medical Group Management Association (MGMA), Ohio Hospital Association, Academy of Medicine of Cleveland and Northeast Ohio, etc.) on topics related to health care, mergers and acquisitions, and business immigration.
HEALTHCARE
Isabelle has experience in multiple facets of healthcare law such as:
Compliance matters:
- Assisting healthcare providers in navigating the complexities of state and federal regulations
- Analyzing physician/hospital integration models for compliance with the Stark Law, the Anti-Kickback Statute, and government payer rules
- Advising clients on gastroenterology/pathology and dermatology/pathology TC/PC and global billing models
- Advising healthcare covered entities and business associates on HIPAA and privacy issues
- Counseling clients on the fast-changing telemedicine federal and state rules
- Drafting and counseling clients about clinical trial agreements, material transfer agreements (MTAs), and data use agreements (DUAs)
- Advising healthcare providers on various Medicare/Medicaid compliance issues
- Advising healthcare providers on laws and regulations pertaining to nurse practitioners, CRNAs, physician assistants, clinical nurse specialists, etc.
- Drafting hospital medical staff bylaws and resolving medical staff issues
Transaction matters:
- Counseling clients about health care mergers and acquisitions in multiple specialties such as anesthesia, behavioral health, dermatology, laboratories/pathology, ophthalmology, etc.
- Counseling clients about integration and joint ventures strategies with various stakeholders (same-specialty entities, hospitals, private equity investors, etc.)
- Counseling clients about creative corporate and equity structures to assist with physician recruitment and retention and maximize growth and return on investment.
- Counseling clients about buy/sell agreements, including the use of life and disability insurance policies
- Advising clients through phases of entity life cycle (entity selection and set-up, growth, diversification, development, retirement, split-ups, dissolutions, etc.)
- Drafting and negotiating a wide variety of legal documents such as employment agreements, personal service agreements, professional services agreements, medical directorship agreements, call coverage agreements, purchased services agreements, release agreements, lease agreements, operating agreements, code of regulations, and policies
Representative clients: Isabelle represents health care providers of varying size and corporate structure:
- Ambulatory surgical centers
- Advanced practice registered nurses (NP, CNS, CRNA)
- Billing companies
- Clinical research organizations
- CRNA group practices
- Hospitals (non-profit, physician-owned, adult and pediatric)
- Individual physicians, dentists and chiropractors
- Laboratories
- Long-term care facilities
- Physician assistants
- Physician group practices
- Veterinary hospitals
Specialties: Isabelle represents a diverse clientele of health care providers in the following specialties:
- Anesthesia
- Behavioral health
- Critical care/pulmonology
- Concierge medicine
- Dermatology
- Endocrinology (adult and pediatric)
- Family practice and internal medicine
- Gastroenterology
- Hospitalists
- Integrative medicine
- Nephrology
- Neurology (adult and pediatric)
- OB-GYN
- Ophthalmology, optometry, and eye care (member of AOA and ASCRS/ASOA)
- Orthopedic surgery
- Pain management
- Pathology (clinical and anatomic)
- Pediatric medicine
- Psychiatry
- Radiology
- Surgery (general, trauma, vascular)
- Veterinary medicine
IMMIGRATION
In the area of immigration law, Isabelle has expertise and represents clients in employment-based immigration matters in the areas of healthcare, biotech, education, retail, and manufacturing. A first generation immigrant herself, she strives to address her foreign national clients’ concerns proactively and coaches them through the entire immigration process.
Representative clients: She represents individuals and employers of varying size and corporate structure:
- Business executives
- Hospitals
- Large retailers
- Physicians and other medical professionals
- Researchers
- Scientists
- Small and large manufacturers
- Universities
Visa types: She prepares a variety of visas for processing in the U.S. and at consular posts overseas:
- B1/B2 tourist or business visitor visa extensions
- EAD Employment Authorization Document applications and renewals
- H-1B “specialty occupation” non-immigrant visas
- H-4 non-immigrant dependent visas
- L-1A intracompany multinational manager and executive transferee visas
- L-1B intracompany “specialized knowledge” transferee visas
- L-2 non-immigration dependent visas
- O-1 visas for individuals with extraordinary ability or achievement in sciences, education, or business
- J-1 Conrad 30 visa waivers for physicians
- Green card applications and extensions (EB-1, EB-2, EB-3, NIW)
- U.S. citizenship applications
EDUCATION CREDENTIALS
- J.D., magna cum laude, from the University of Akron School of Law (Akron, Ohio)
- MBA from Kent State University (Kent, Ohio)
- B.B.A. in finance, summa cum laude, from Temple University (Philadelphia, Pennsylvania)
- B.B.A. in finance from the Centre d’Etudes Franco-Américain de Management (CEFAM in Lyon, France)
HONORS AND AWARDS
- Named in Crain's Cleveland "Five to Watch in Law" (2017)
- Selected for inclusion in Ohio Rising Stars (2017-2020)
- Recipient of Lawyer Monthly Women in Law Award, Healthcare- USA (2018-2019)
- Recipient of the Honorable Arthur J. Goldberg Memorial Prize in Constitutional Law
- Recipient of the Pro Bono Award sponsored by the law firm of Perantinides and Nolan for most completed community service & pro bono hours of all University of Akron graduating part-time students
LANGUAGES
- French
- English
Admissions - State
- Ohio
Education
- University of Akron School of Law
- Kent State University
- Temple University
- CEFAM
Honors and Awards
- Recipient of Lawyer Monthly Women in Law Award, Healthcare - USA (2018-2019)
- Named in Crain's Cleveland "Five to Watch in Law" (2017)
- Selected for inclusion in Ohio Rising Stars (2017-2021)
- Recipient of the Honorable Arthur J. Goldberg Memorial Prize in Constitutional Law
- Recipient of the Pro Bono Award sponsored by the law firm of Perantinides and Nolan for most completed community service & pro bono hours of all University of Akron graduating part-time students
Professional Membership
- Academy of Medicine of Cleveland & Northern Ohio (AMCNO)
- American Academy of Ophthalmology Executives, Member
- American Health Lawyers Association (AHLA), Member
- American Immigration Lawyers Association (AILA), Member
- American Society of Ophthalmic Administrators (ASCRS/ASOA), Member
- Cleveland Metropolitan Bar Association, Member
- Ohio Hospital Association, Member
- Ohio Health Care Association, Member
- Leading Age, Member
- The University of Akron Black Law Students Association, Alumni Member
- Greater Cleveland International Lawyers Group, Member
Public Service and Volunteerism
- French-American Chamber of Commerce, Board of Trustees
- International Institute of Akron, Board of Directors
- Cleveland Metropolitan Bar Association, Medical/Legal Liaison Council Member (2016 - Present)
- Walsh University, Board of Trustees
Alerts
- FDA takes action against subpotent and methanol-contaminated hand sanitizers
- 2020 maximum charges for copies of medical records in Illinois
- 2019 maximum charges for copies of medical records in Florida
- 2019 maximum charges for copies of medical records in Michigan
- Beware of ongoing scams targeting Ohio healthcare providers
- 2019 maximum charges for copies of medical records in Ohio
- 2019 maximum charges for copies of medical records in Illinois
- 2018 maximum charges for copies of medical records in Michigan
- 2018 maximum charges for copies of medical records in Illinois
- 2018 update on maximum charges for copies of medical records in Ohio
- New Ohio opioid prescription limits for acute pain take effect tomorrow
- 2017 update on maximum charges for copies of medical records in Illinois
- 2017 update on maximum charges for copies of medical records in Michigan
- 2017 update on maximum charges for copies of medical records in Florida
- Guidance regarding the new I-9 form released
- 2017 update on maximum charges for copies of medical records in Ohio
- Final rule allows more sharing of substance abuse treatment information
- Chronic care management: Medicare increases payment and relaxes standards
- CMS expands Medicare payment for behavioral health services
- Reminder to health care providers: Are your ACA Section 1557 notices and taglines up?
Blog Posts
- OIG adds Medicare Part B psychotherapy services to Its audit list for 2021
- OIG issues guidance on cost-sharing waivers for providers of telehealth services during COVID-19 outbreak
- 2020 update on Medicare payment for behavioral health care
- To DREAM or not to DREAM, DACA is the question
- International Entrepreneur Final Rule delayed until March 2018
- Employing foreign physicians and researchers during the Trump years
- The impact of "Buy American and Hire American" Executive Order No. 13788
- Executive Order: "Protecting The Nation From Foreign Terrorist Entry Into the United States"
- 10 key points from new DHS memorandum on immigration enforcement
- Travel ban update: Hearing today on immigration temporary restraining order
- Immigration: Trump executive order directly affects US healthcare and all tech-related industries
- 2018 green card lottery now open!
News
- 15 McDonald Hopkins attorneys selected to 2021 Ohio Super Lawyers and Rising Stars list
- Bibet-Kalinyak honored by French Ambassador to the United States during visit to Cleveland
- "Beware of Prescription Scams Targeting Healthcare Providers"
- "Practices need to vastly improve data accuracy in records, attorney says"
- "MGMA 2019: Ransomware, phishing scams a growing threat in healthcare"
- "Insights: Owning it! Strategic planning, navigating M&A and staying independent in healthcare today"
- Seventeen attorneys at McDonald Hopkins named 2019 Ohio Super Lawyers and Rising Stars
- 22 attorneys at McDonald Hopkins named 2018 Ohio Super Lawyers and Rising Stars
- "Marijuana In Patient Care – Nine Model Guidelines From The Federation of State Medical Boards"
- "A Cybersecurity Update and Resource Guide for Healthcare Organizations"
- "GOP Efforts to Repeal and Replace the Affordable Care Act - What Can Healthcare Providers Anticipate Moving Forward?"
- "Recent Trends in Physician Compensation and Contracts"
- "Five to watch in law"
- "At the Dawn of Immigration Reform: Compliance Pitfalls to Avoid in Employing Foreign Nationals in Health Care Settings"
- "Recruiting and Employing Foreign Nationals in Health Care Settings, Key Issues and Best Practices"
- Healthcare attorney Isabelle Bibet-Kalinyak joins the Cleveland office of McDonald Hopkins
External Publications
- "Top Considerations In Selling Your Practice Amid Ongoing Consolidation," AMCNO Northern Ohio Physician (January/February 2019)
- "To Text or Not to Text Is No Longer a Question," AMCNO Northern Ohio Physician (March/April 2018)
- "New Medical Marijuana Rules Allow Ohio Physicians to Recommend Marijuana in Patient Care," American Health Lawyers Association (October 23, 2017)
- "Marijuana In Patient Care-Nine Model Guidelines From The Federation of State Medical Boards," AMCNO Northern Ohio Physician (September/October 2017)
- "A Cybersecurity Update and Resource Guide for Healthcare Organizations," AMCNO Northern Ohio Physician (July/August 2017)
- "CMS Expands Medicare Payment for Chronic Care Management and Behavioral Health Care Services," Physician Organizations (May 2017)
- "Indemnification provisions - Before you sign a contract, take time to understand indemnification clauses," Smart Business News Magazine (June 2016)
- "Health Care Legislature Update: Winds of Change Impact Mid-Level Providers," Cleveland Metropolitan Bar Journal (March 2016)
- "Medicare Enrollment Form 855I Fails to List Critical and Ambiguous Medicare Provider Reporting Requirement - A Cautionary Tale," American Health Lawyers Association (May 2, 2016)
- "S.B. 110, New Rules for Physician Assistants and Nurse Practitioners, Effective 10/15/2015," MD News Magazine (November/December 2015)
- "Hospital Patient Status, 'Two-Midnight' is the Rule," co-author with J. Ryan Williams, Northern Ohio Physician (July/August 2015)
- "Avoid the pitfalls - Why template employment contracts don't work with foreign nationals," Smart Business News Magazine (June 2015)
- “Worldwide Visa System Glitch Affects ALL U.S. Embassies and Consulates!” (June 19, 2015)
- "Healthcare Providers, Beware of New OARRS Requirements!" MD News Magazine (May/June 2015)
- "Immigration information - How employers can boost success rates when hiring foreign workers," Smart Business News Magazine (March 2015)
- "Visa Bulletin March 2015, A Little Bit of Sunshine," (March 13, 2015)
- "Practical Considerations for Employers in Selecting Non-Physician Providers," MD News Magazine (July/August 2013)
- "Countdown to Enforcement! Are you HIPAA-ready," (August 12, 2013)
- "A Critical Analysis of Sorrell vs. IMS Health, Inc.: Pandora's Box at Best, 67 Food & Drug L.J. 191 (2012) - Food and Drug Law Journal" (August 2012)
Events
- COVID19 and International Students: Challenges for Schools and Employers | Thursday, July 23, 2020
- Drafting Indemnification and Hold Harmless Provisions | Wednesday, July 22, 2020
- Pivoting Your Practice Forward in 2020 | Tuesday, June 23, 2020
- RX for Growth: Physician Group Practices Post COVID-19 | Monday, June 22, 2020
- Anatomy of Private Equity Transaction and Current Merger & Acquisition Trends | Friday, March 20, 2020
- The Changing Role of Medical Records: Risk Management, Compliance and HIPAA | Tuesday, October 15, 2019
- Anatomy of a Private Equity Transaction and Current M&A Trends | Tuesday, October 15, 2019
- American Society of Cataract and Refractive Surgery Annual Meeting on Ophthalmic Practice Management | Friday, May 3, 2019
- 2019 Ohio Health Care Association Convention and Expo | Tuesday, April 30, 2019
- Cleveland Cardio Conference 2019 | Saturday, April 13, 2019
- Innovation without borders: The French-American Midwest Connection | Tuesday, April 2, 2019
- 2019 OSHRM/SOHA Spring Conference | Friday, March 29, 2019
- 2019 Health Care Institute and Medical/Legal Summit | Friday, March 22, 2019
- A Glass-Ceiling Shattering Night for Women | Friday, March 8, 2019
- OSHRM/SOHA Fall Conference | Friday, September 28, 2018
- Risk Management Medical Records Charting | Friday, September 21, 2018
- From the Constitution to Today’s Immigration System, a Legal Primer for Non-Lawyers | Monday, September 17, 2018
- The Academy of Medicine of Cleveland and Northern Ohio Annual Medical Resident Seminar | Wednesday, September 12, 2018
- LeadingAge Ohio Annual Conference and Trade Show Life On Purpose Countdown to Conference | Tuesday, August 28, 2018
- 2018 Medical/Legal Summit | Friday, April 13, 2018
- Examining the Opioid Epidemic | Tuesday, February 13, 2018
- 2018 AHLA Physicians and Hospitals Law Institute Conference | Monday, February 5, 2018
- Managing Risk in Employing Foreign Nationals – At the Crossroads of Health Care, Labor & Employment, and Immigration. | Friday, March 31, 2017
- LeadingAge Ohio Annual Conference and Tradeshow | Friday, September 9, 2016
Speaking Engagements
- "COVID-19 and International Students: Challenges for Schools and Employers," European-American Chamber of Commerce Webinar, July 23, 2020
- "Diagnosing and Treating Policy Bloat in Health Care Settings," co-presenter Herbert R. Dean, Attorney at Law, Ohio Medical Group Management Association (MGMA), Lewis Center, Ohio, February 28, 2020
- "The Changing Role of Medical Records: Risk Management, Compliance and HIPAA," Midwest Oncology Practice Society (MOPS) Educational Meeting, Nashville, Tennessee, November 8, 2019
- "Physician Contracting," The Academy of Medicine of Cleveland & Northern Ohio (AMCNO) Annual Resident Seminar, Cleveland, Ohio, October 2, 2019
- "The Changing Role of Medical Records – HIPAA, Compliance, Risk Management & Trends," LeadingAge, 2019 Annual Conference, Columbus, Ohio, August 27, 2019
- "Medical Marijuana 2019 Clinical & Legal Update," LeadingAge, 2019 Annual Conference, Columbus, Ohio, August 27, 2019
- "Medical Records: Risk Management, Compliance, and HIPAA," American Society of Cataract and Refractive Surgery and American Society of Ophthalmic Administrators, 2019 ASCRS ASOA Annual Meeting, San Diego, California, May 6, 2019
- "Medical Marijuana 2019 Clinical & Legal Update," co-presenter Nicole Coniglio, APRN, Ohio Health Care Association, 2019 Convention & Expo, Columbus, Ohio, April 30, 2019
- "Medical Records – HIPAA, Compliance, Risk Management & Trends," Alliance of Cardiovascular Professionals, 2019 Regional Cardio Conference, Cleveland, Ohio, April 13, 2019
- "Legal and Other Issues for Physician Joining a Practice," Summa Health System, Akron, Ohio, April 12, 2019
- "Innovations without borders: The French-American Midwest Connection,” French American Chamber of Commerce, Cleveland, Ohio, April 2, 2019
- "Medical Records – HIPAA, Compliance, Risk Management & Trends," Ohio Society for Ohio Health Care Attorneys and Society for Ohio Health Care Attorneys, 2019 OSHRM/SOHA Spring Conference, The Blackwell Inn, Columbus, Ohio, March 29, 2019
- "Physician Contracting" (Presenter), "Addiction and Recovery 2018: Beyond Issue I" (Co-Chair with Dr. Englund), and "Health Care Distressed Assets – Trends, Options, and Management from a Legal and Operational Perspective" (Moderator), Health Care Law Update & Medical/Legal Summit 2019, Cleveland Metropolitan Bar Association, Cleveland, Ohio, two day CLE program, March 22 and 23, 2019
- "Finding Your Value Proposition in Your Leadership,” Panelist at the Elite Women Around the World, A Glass-Ceiling Shattering Night for Women, Women's International Day Program, Mayfield Heights, Ohio, March 8, 2019
- "Medical Marijuana-Clinical and Legal Update 2018," Ohio Society of Healthcare Risk Managers and Society for Ohio Healthcare Attorneys, 2018 OSHRM/SOHA Fall Conference, The Blackwell Inn, Columbus, Ohio, September 28, 2018
- "Risk Management: Medical Records, Charting | HIPAA," Ohio MGMA 2018 Fall Conference, Dublin, Ohio, September 21, 2018
- "From the Constitution to Today’s Immigration System, a Legal Primer for Non-Lawyers," Walsh University Constitution Day a/k/a Citizenship Day, North Canton, Ohio, September 17, 2018
- "Reviewing & Negotiating Employment Agreements, Legal and Other Issues," The Academy of Medicine of Cleveland & Northern Ohio (AMNCO), Annual Medical Resident Seminar at the Cleveland Museum of Natural History, Cleveland, Ohio, September 12, 2018
- "Medical Marijuana-Clinical and Legal Update 2018," co-presenter Nicole Coniglio, APRN, LeadingAge Ohio 2018 Ohio Annual Conference and Tradeshow, Columbus, Ohio, August 28-30, 2018
- "Immigration Update: Nuts & Bolts For Healthcare Attorneys And Providers," co-presenter with Julia S. Lawrence and Michael H. Sharon, 2018 Medical/Legal Summit, Cleveland Metropolitan Bar Association, Cleveland, Ohio, April 13, 2018
- "Examining the Opioid Epidemic: Causes, Consequences, & Cures-Ohio New Prescription Limitations & Other Legal Consequences of the Opioid Epidemic," Cleveland Marshall College of Law, Cleveland, Ohio, February 13, 2018
- "Managing Risk In Employing Foreign Physicians & Researchers During The Trump Years, 2016 – 2020," co-presenter, Mary T. Link, Esq., AHLA 2018 Physicians and Hospitals Law Institute, New Orleans, Louisiana, February 5, 2018
- "Reviewing and Negotiating a Physician Employment Agreement - Legal and Other Issues," The Academy of Medicine of Cleveland and Northern Ohio (AMCNO), October 18, 2017
- "Healthcare Essentials," Webinar, Wolters Kluwer, Chicago, IL September, 18, 2017
- "Medical Marijuana Clinical & Legal Update," co-presenter Nicole Coniglio, MSN, APRN, PMHNP-BC, ACNP-BC, LeadingAge Ohio Annual Conference and Tradeshow, Columbus, Ohio, September 13, 2017
- "Reviewing and Negotiating a Physician Employment Agreement - Legal and Other Issues," Cleveland Clinic Foundation Cardiology Department, August 24, 2017
- "Managing Risk In Employing Foreign Nationals During The Trump Years," American Health Lawyers Association 2017 Annual Conference, San Francisco, California, June 27, 2017
- "Managing Risk in Employing Foreign Nationals: At the Crossroads of Healthcare, Labor & Employment, and Immigration Law," co-presenter Kristin R. Erenburg, Esq., Ohio Society of Healthcare Risk Managers and Society of Ohio Healthcare Attorneys Spring Conference, Columbus, Ohio March 31, 2017
- "Managing Risk In Employing Foreign Nationals: At The Crossroads Of Health Care, Labor & Employment, And Immigration Law," co-presenter Kristin R. Erenburg, Esq., 2017 Medical/Legal Summit, Cleveland Metropolitan Bar Association, Cleveland, Ohio, March 24, 2017
- "Non-Physicians Providers – Legal Update and Role of Psych/Mental Health NPs in Nursing Facilities," co-presenter Nicole Coniglio, MSN, APRN, PMHNP-BC, ACNP-BC, LeadingAge Ohio Annual Conference and Tradeshow, Columbus, Ohio, September 9, 2016
- “Immigration Options and Strategies to Optimize Compliance, Recruiting, and Retention,” co-presenter with Mary T. Link, Vice President and General Counsel, Children’s Hospital Medical Center of Akron, American Health Lawyers Association National Conference 2016, Denver, Colorado, June 27, 2016
- “Immigration Primer for Non-Lawyers,” Presentation, International Manufacturer, November 18, 2015
- “HIPAA Compliance and Training for Emergency Responders,” Presentation, EMS Services, Ohio, March 18, 2015
- “The ABCs of Physician Employment Agreements,” Presentation, Summa Health System, March 13, 2015
- “Workers’ Compensation & Labor and Employment – Ohio Law Update,” Presentation, Leading Age Ohio Annual Conference, Columbus, Ohio, August 25, 2014
- “The Affordable Care Act, Nuts and Bolts for Health Care Providers, 2014,” Webinar, American Osteopathic Association, June 17, 2014