schultz_kierstan_049a_web

Kierstan Schultz



Kierstan Schultz is a litigator and a member of Nixon Peabody’s Complex Commercial Disputes practice group. She represents health care providers, businesses and individuals, and manages discovery, motion practice and trials for complex commercial litigation matters.

What do you focus on?

I represent clients in a variety of industries in all aspects of the adversarial process, in civil litigation in state and federal courts.

Health Care Litigation

My health care litigation practice focuses on advising hospitals, rehabilitation and long-term care providers, digital health entities, practice groups and individual practitioners in complex commercial and regulatory disputes, including HIPAA privacy and security laws and regulations, fraud and abuse laws, licensing, billing and reimbursement. Our team has successfully litigated against governmental entities on behalf of providers to vindicate reimbursement rights. I also concentrate on defending clients accused of professional misconduct and/or negligence. I represent individual providers in disciplinary proceedings before their respective licensing boards. I assist institutional providers in seeking appointment of guardians over the person and estate for incapacitated individuals in their care.

Complex Commercial Disputes

My commercial litigation practice focuses on representing financial institutions, corporate entities and individuals across the economic spectrum, as both plaintiffs and defendants, in disputes before state and federal courts and in alternative forums. Typically, these cases involve a wide range of business and financial problems, insurance coverage, unfair and deceptive trade practice, breach of contract, breach of fiduciary duty and probate-related issues. I have relevant jury and bench trial experience to draw upon, but am also well-prepared to handle complex settlement negotiations and all forms of alternative dispute resolution.

Education

I have defended private secondary schools and their faculty members against claims and in investigations arising from allegations of sexual misconduct, and I have gained similar experience with a set of international investigations into a nonprofit organization’s operation of schools abroad.

What do you see on the horizon?

In order to thrive and meet future challenges head on, health care organizations and providers must continue to evolve. The state and federal regulatory burden on all sectors of the health care industry is increasing. Many of these issues have become politicized and continue to garner significant media attention. Industry leaders will need to remain educated on the issues and potential penalties, and will need reliable access to practical options for pursuit of litigation and other dispute resolution strategies.

Lawsuit Says Missing NH In-Home Care Leads to Nursing Home Stays

Inside Health Policy | January 19, 2021

This article covers a class action complaint filed against the New Hampshire Department of Health & Human Services for failing to properly administer its CFI Medicaid waiver program. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—filed the lawsuit in federal court on behalf of older adults and persons with disabilities enrolled in the CFI program. The NP team includes Complex Commercial Disputes partner Dan Deane, associate Kierstan Schultz and paralegal Sharon Willier, and Government Investigations & White-Collar Defense partner Mark Knights, all of Manchester.

Lawsuit Seeks Stop to Unnecessary Placements in NH Nursing Homes

Concord Monitor | January 12, 2021

Manchester Complex Commercial Disputes associate Kierstan Schultz is quoted in this article covering a class action complaint filed against the New Hampshire Department of Health & Human Services for failing to properly administer its CFI Medicaid waiver program. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—filed the lawsuit in federal court on behalf of older adults and persons with disabilities enrolled in the CFI program. In addition to Kierstan, the NP team includes Complex Commercial Disputes partner Dan Deane, paralegal Sharon Willier, and Government Investigations & White Collar Defense partner Mark Knights, all of Manchester.

Medicaid waiver enrollees put at risk of unnecessary nursing home placement, lawsuit claims

McKnight’s Senior Living | January 12, 2021

The following article covers a class action complaint filed against the New Hampshire Department of Health & Human Services for failing to properly administer its CFI Medicaid waiver program. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—filed the lawsuit in federal court on behalf of older adults and persons with disabilities enrolled in the CFI program.

The NP team includes Complex Commercial Disputes partner Dan Deane, associate Kierstan Schultz and paralegal Sharon Willier, and Government Investigations & White Collar Defense partner Mark Knights, all of Manchester.

New Hampshire Sued over 'Unnecessary' Nursing Facility Placements

Reuters Legal | January 11, 2021

The following article covers a class action complaint filed against the New Hampshire Department of Health & Human Services for failing to properly administer its CFI Medicaid waiver program. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—filed the lawsuit in federal court on behalf of older adults and persons with disabilities enrolled in the CFI program.

The NP team includes Complex Commercial Disputes partner Dan Deane, associate Kierstan Schultz and paralegal Sharon Willier, and Government Investigations & White Collar Defense partner Mark Knights, all of Manchester.

Lawsuit Alleges New Hampshire Is Failing to Administer Program for Seniors, People with Disabilities

New Hampshire Public Radio | January 11, 2021

The following article covers a class action complaint filed against the New Hampshire Department of Health & Human Services for failing to properly administer its CFI Medicaid waiver program. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—filed the lawsuit in federal court on behalf of older adults and persons with disabilities enrolled in the CFI program.

The NP team includes Complex Commercial Disputes partner Dan Deane, associate Kierstan Schultz and paralegal Sharon Willier, and Government Investigations & White Collar Defense partner Mark Knights, all of Manchester.

Lawsuit: State Shirking Responsibility for At-Home Care Services

New Hampshire Union Leader | January 11, 2021

The following article covers a class action complaint filed against the New Hampshire Department of Health & Human Services for failing to properly administer its CFI Medicaid waiver program. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—filed the lawsuit in federal court on behalf of older adults and persons with disabilities enrolled in the CFI program.

The NP team includes Complex Commercial Disputes partner Dan Deane, associate Kierstan Schultz and paralegal Sharon Willier, and Government Investigations & White Collar Defense partner Mark Knights, all of Manchester.

New Hampshire House to Hold Hybrid Public Hearings on Bills

The Associated Press | January 11, 2021

The following article covers a class action complaint filed against the New Hampshire Department of Health & Human Services for failing to properly administer its CFI Medicaid waiver program. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—filed the lawsuit in federal court on behalf of older adults and persons with disabilities enrolled in the CFI program.

The NP team includes Complex Commercial Disputes partner Dan Deane, associate Kierstan Schultz and paralegal Sharon Willier, and Government Investigations & White Collar Defense partner Mark Knights, all of Manchester.

Aetna Blasts Conformis For Using Patient To Force Coverage

Law360 | July 24, 2020

Complex Commercial Disputes co-practice group leader and Boston partner Steve LaRose and Manchester associate Kierstan Schultz were mentioned in this article for representing Aetna in a suit regarding coverage for medical device manufacturer Conformis’ customized total knee implants.

Proposed rules aim to transform key federal laws restricting health care arrangements

New Hampshire Bar News | January 15, 2020

Manchester Complex Commercial Disputes associate Kierstan Schultz and Los Angeles Health Care associate Harsh Parikh co-wrote this contributed article analyzing two new rules proposed by the Department of Health and Human Services aimed at addressing perceived barriers to care coordination and value-based care in the health industry.

Litigators of the Week

Law.com Litigation Daily | April 04, 2019

Manchester Complex Commercial Disputes partner Scott O’Connell, head of the Litigation Department, is named one of the Litigators of the Week for securing an award of legal fees for his clients, a group of 26 New Hampshire hospitals who sued the Centers for Medicare and Medicaid Services. The litigation team also included Boston Complex Commercial Disputes associates Morgan Nighan and Kierstan Schultz.

When a fee becomes a tax: The difference between NH’s two key funding sources

New Hampshire Business Review | May 10, 2018

Manchester complex commercial dispute associates Kierstan Schultz and Nate Warecki authored this column discussing how New Hampshire distinguishes the difference between taxes and fees, the government’s two main sources of revenue, under law.

Contact

Kierstan Schultz

Associate

Manchester

Phone: 603-628-4031


Cornell University Law School, J.D.

George Washington University, B.A., summa cum laude

New Hampshire

Massachusetts

New York

U.S. District Court, District of New Hampshire

U.S. District Court, District of Massachusetts

U.S. District Court, Southern District of New York

Back to top