tracey klein
Forward Page

Tracey L. Klein is a shareholder and chair of Reinhart’s Health Care Practice. Ms. Klein has served as general counsel to acute care hospitals, multi-provider health care systems, multi-specialty clinics, managed care companies and health insurance companies for more than 30 years. She has experience in regional and national transactions involving health care providers and health insurance companies, including the formation of joint operating entities, hospital affiliations and mergers, the formation of physician group practices, and the formation and reorganization of provider-based health insurance companies.

Ms. Klein has significant experience in the area of corporate governance. Ms. Klein routinely provides legal support and counsel to health system boards of directors. Ms. Klein conducts frequent educational sessions on best governance practices, the role of the compensation, audit and governance committees, as well as approaches to hospital governance that further quality of care.  Ms. Klein attended the 2003 Kellogg School of Management Program on “Strategies for Improving Directors’ Effectiveness.”

Tracey primarily serves the following industries:

  • Integrated health care delivery systems
  • Hospitals and health systems
  • Physician groups
  • Individual health care professionals
  • Tax-exempt organizations

Education

J.D., cum laude, Marquette University Law School
B.A., University of Wisconsin-Madison

Bar Admissions

Wisconsin
Illinois
Washington, D.C.

Court Admissions

U.S. Court of Appeals, Seventh Circuit

  • Served as strategic counsel to a multi-hospital system in its assessment and selection of an affiliation partner
  • Served as strategic counsel to a health system in its affiliation with a major academic medical center
  • Served as legal counsel to a health system in a governance redesign initiative after its affiliation with another health system
  • Served as transaction counsel to a health system in its acquisition of a large multi-specialty clinic
  • Served as strategic counsel to a multi-hospital system in its exploration of the development of joint-venture hospitals with a multi-specialty clinic
  • Served as special counsel to a health system in the revision and modernization of medical staff
    by-laws
  • Routinely assists hospitals in the conduct of physician disciplinary proceedings and fair hearings
  • Served as special counsel to a large, multi-hospital system in a medical staff consolidation initiative to establish consistent medical staff by-laws and procedures
  • Served as general counsel to a health system with respect to the construction of a $100 million replacement hospital and supervised the filing of the application for certificate of need with the Illinois Health Facilities and Services Review Board
  • Served as strategic counsel to a hospital in obtaining a favorable property tax exemption ruling from the Illinois Department of Revenue in the immediate aftermath of the Provena decisions
  • Routinely counsels health care providers and health insurance clients in handling credentialing matters, medical and legal bioethics issues, compliance and billing issues, managed care contracting strategies, FDA issues and patient confidentiality matters, as well as issues involving fraud and abuse, antitrust, tax exemption, and Medicare and Medicaid reimbursement

Honors

  • Recipient of The Business Journal of Greater Milwaukee’s 2008 Women of Influence Award in the community supporter category
  • Wisconsin Top Rated Lawyer Martindale-Hubbell AV® Preeminent™ Peer Review Rated
  • Best Lawyers in America (Health Care Law)
  • Selected for inclusion in Wisconsin Super Lawyers
  • Named by Wisconsin Law Journal as a “2016 Woman in the Law”

Current Civic Involvement

  • University of Wisconsin Board of Regents (Member, Term 2016 – 2023)
  • Greater Milwaukee Committee (Member)
  • Greater Milwaukee Innovation Committee (Member)
  • Milwaukee Film (Member of the Board of Directors and Current Board President)
  • Milwaukee Women inc. (Steering Committee Member and Past Board Member)
  • Southeast Wisconsin Professional Baseball Park District (Member of the Board of Directors; Gubernatorial Appointee)
  • Marquette University Law School (Member of the Board of Advisors)
  • Wisconsin First Lady Advisory Council (WI-FLAC) (Board Member)
  • TEMPO (Member and Past President)
  • Board of Visitors – University of Wisconsin-Madison Political Science Department (BOV Member)

Past Civic Involvement

  • United Way of Greater Milwaukee (former Cabinet Member)
  • United Performing Arts Center (UPAF) (former Cabinet Member)
  • Skylight Opera (former member of Board of Directors)
  • American Lung Association Milwaukee Chapter (former member of the Board of Directors; named “Volunteer of the Year” in June 2012, Upper Midwest Region)
  • University of Wisconsin-Milwaukee College of Health Sciences (former member of the Board of Advisors)
  • City of Brookfield Fire and Police Commission (former member of the Board of Directors)
  • American Red Cross – Milwaukee Chapter (former member of the Board of Directors)
  • Sharon Lynn Wilson Center for the Arts (former member of the Board of Directors)
  • Calvary Lutheran Church Council (former member of the Board of Deacons)
  • Elmbrook Swim Club (former member of the Board of Directors)
  • National Advisory Child Health and Human Development Council (former Board Member, 2004-2008; Presidential Appointee)
  • American Heart Association – Milwaukee Chapter (former member of the Board of Directors)
  • Past faculty member of PRIM&R and is considered a national expert on the responsible conduct of clinical research involving human subjects

 

  • Co-author, “Troubleshooting ACO Antitrust Enforcement.” Law 360 (2011)
  • Co-author, “Tax-Exempt Organizations: Ensuring Governing Board Independence.” Business Law & Governance (2010)
  • “Hot Topics for Hospital Boards.” Illinois Hospital Association (September 2007)
  • “Physician Recruitment Strategies under Increased IRS Scrutiny” (1994)
  • “The Health Care Dilemma: Testing Patients for AIDS.” Wisconsin Bar Bulletin (1989)
  • “Limits on Individual Accountability for Corporate Crimes.” Marquette Law Review (1984)
  • “The Role of the Board of Directors in Quality Oversight” 
  • “Health Care Labor & Employment: Three-Part Webinar Series”, in connection with The Wisconsin Hospital Association (2015)
    “Health Care Reform: What the Insurance Industry Should Be Doing Now”, invited panelist, 2014 Leadership Health Care Forum, UW-Milwaukee College of Health Sciences (March 2014)
  • “Indemnification Basics for Hospital Contracts: Managing Risk with Effective Drafting”. Illinois Hospital Association Webinar. (October 2013)
  • “Understanding Health Care Reform”. BizTimes Forum – Understanding Health Care Reform. Participant of large group panel (September 2013)
  • “The Affordable Care Act – Here to Stay”. Racine Area Manufacturers and Commerce Chamber (January 2013)
  • “Primer: Understanding the U.S. Supreme Court Decision on the Patient Protection and Affordable Care Act (PPACA) & Its Impact” – The Affordable Care Act – Here to Stay Luncheon Seminars for health care CEOs and other senior leaders, two sessions – Milwaukee and Chicago. (December 2012)
  • “The Constitutionality of the U.S. Supreme Courts’ Decision on The Patient Protection and Affordable Care Act”. Marquette University Law School’s Traveling CLE Program, New York City (September 2012)
  • “Accountable Care Organizations & Senior Living Providers”. 17th Annual Wisconsin Assisted Living Association Spring Conference (March 2012)
  • “The Impact of Health Care Reform and the Development of an Accountable Care Organization”. Seminar entitled, A Practical Approach to ACO Development and Complementary Physician Integration Models, in connection with Murer Consultants (January 2011)
  • “Director Independence & Other Hot Topics in Nonprofit Governance”. Seminar/Webinar (October 2010)
  • “The Role of the Board of Directors in the Oversight of Quality and Other Legal Implications of the National Quality Debate”. Marquette University (April 2010)
  • “Hot Topics for Hospital Boards.” Illinois Hospital Association (September 2007)
  • “Physician Recruitment Strategies under Increased IRS Scrutiny” (1994)
  • “The Health Care Dilemma: Testing Patients for AIDS.” Wisconsin Bar Bulletin (1989)
  • “Limits on Individual Accountability for Corporate Crimes.” Marquette Law Review (1984)
  • “The Role of the Board of Directors in Quality Oversight”

Reinhart Shareholder Tracey Klein Unanimously Confirmed to University of Wisconsin System Board of Regents

Reinhart Health Care Practice Chair Tracey Klein, One of Four Participants in the Milwaukee Business Journal’s “Table of Experts,” Comments Extensively on How the Affordable Care Act Is Transforming Health Care Purchase and Delivery in Wisconsin

67 Reinhart Attorneys Recognized by Wisconsin Super Lawyers

Best Lawyers in America 2015 Includes 89 Reinhart Attorneys; Six Are “Lawyers of the Year”

64 Reinhart Attorneys Recognized by Wisconsin Super Lawyers

Reinhart Shareholder and Health Care Co-Chair Tracey Klein Featured in Marquette Lawyer Article

Reinhart Health Care Co-Chair Tracey Klein Mentioned in BizTimes.com Article on Health Care Reform Breakfast Forum Taking Place on September 13

Best Lawyers in America 2014 Includes 85 Reinhart Attorneys; Seven Are “Lawyers of the Year”

Tracey Klein, Co-Chair of Reinhart’s Health Care Practice, Quoted in Business Journal-Milwaukee Article on Health Exchange Navigators

Tracey Klein, Reinhart’s Health Care Practice Co-Chair, Quoted in Milwaukee Business Journal Article on the Affordable Care Act

Tracey Klein, Co-Chair of Reinhart’s Health Care Practice, Quoted in Milwaukee Business Journal Article on Walker’s Plans for Health Exchanges

Best Lawyers in America 2013 Includes 83 Reinhart Attorneys; Four Are “Lawyers of the Year”

Reinhart Health Care Practice Chair Tracey Klein Featured and Recognized for Her American Lung Association Volunteer Efforts in BrookfieldNow Article

63 Reinhart Attorneys Recognized by Wisconsin Super Lawyers

54 Reinhart Attorneys Recognized by Wisconsin Super Lawyers

Tracey Klein and Bill Flynn Quoted in Milwaukee Business Journal Article on Bond Issue Slowdown

68 Attorneys from Reinhart Included in the Best Lawyers in America 2012

52 Reinhart Attorneys Recognized by Super Lawyers

Tracey Klein and Milwaukee Women Inc. Make Strides in Promoting Diversity on Corporate Boards

Reinhart Attorney Klein to Participate in Illinois Hospital Association Teleconference

Employer Protection from Liability in the Mishandling of Flu-Related Sick Days Is the focus of Tracey Klein’s Comments to the Business Journal of Milwaukee on Nov. 6

Tracey Klein’s Comments at Milwaukee Women, Inc. Event Included in Milwaukee Journal Sentinel Article

Got Health Care Quality? Obama Seeks It; Reinhart’s Symposium for Health Systems Has It

Reinhart Attorney Tracey L. Klein Receives Women of Influence Award

Small Providers Beware: Antitrust Enforcement Applies Regardless of Size

Preparing for an OIG Compliance Audit in Five Steps

Wisconsin Health Care Legislative Changes Including Physician Licensing Compact, Change in Abortion Reporting, Prescription Drug Restrictions and Criminal Penalties for False Licensing Applications

Physician Employment Arrangements in Light of 2015 Stark Law Settlements

Illinois Court of Appeals Deals Potentially Fatal Blow to Illinois Hospital Property Tax Exemption

Are You Ready? Section 501(r) Final Regulation Deadline Coming December 29, 2015

Tips for Providers: Managed Care Contracting Under Health Insurance Exchanges

Telemedicine Services: Steps for Providers Seeking Reimbursement

OIG Companion Reports Indicate Increased Attention to EHR Fraud Prevention and Detection

Communication Breakdown: Hospital Liability for Failing to Provide Interpreter Services

The Affordable Care Act Helps Small Businesses Shop for Health Insurance for Their Employees

Primer on Making Employee Wellness Programs Healthy for Health Care Providers

United States Supreme Court Upholds the Patient Protection and Affordable Care Act

Summary of ACA Provisions

Comment Regarding the Proposed Policy Statement Detailing Accountable Care Organizations’ (ACOs) Participation in the Medicare Shared Savings Program (MSSP)

Center for Medicare and Medicaid Innovation Launches Website

Tax-Exempt Organizations Ensuring Governing Board Independence

Tax-Exempt Organizations and the Independent Governing Board

Does Your Medical Staff Process Measure Up to Current Joint Commission Standards?