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- Jillian Somers Donovan
Intro
Jillian co-leads the firm’s Health Section, while focusing on civil and regulatory litigation for health care industry clients and providers of long-term care services. Her representation encompasses skilled nursing facilities, hospitals, medical staffs, assisted living facilities, continuing care retirement communities, independent living communities, and intermediate care facilities for the developmentally disabled. She represents clients in litigation and administrative proceedings. She handles all phases of litigation: discovery, law and motion practice, mediation, arbitration, administrative hearings, trials, writs, and appeals.
Jillian guides clients through issues involving multiple government agencies, including the California Department of Public Health, California Department of Social Services, U.S. Department of Health and Human Services, and Centers for Medicare and Medicaid Services. She handles advice and counsel for disputes with government agencies and manages the response to investigations conducted by the same.
Jillian also defends hospitals, medical staff, and medical staff leaders in civil litigation arising from peer review activities. She has participated in the representation of medical staff in formal hearings involving peer review actions. She has also acted as a trial attorney representing hospitals in multiple lawsuits involving peer review and physician contracting issues. As part of her work with hospital clients, Jillian also provides advice and representation to clients with regard to Probate Code capacity and medical judgment petitions and related questions.
Jillian's prior experience includes representing companies in large-scale breach of contract actions, state and federal class actions, and state attorney general actions. Her representation has involved pharmaceutical and health care litigation, as well as consumer fraud actions.
Pro Bono
Jillian strongly supports pro bono representation and has successfully obtained Domestic Violence Restraining Orders for numerous pro bono clients over the years. During that representation she has attained no-contact orders, modified visitation schedules, emergency orders, and orders for sole custody and visitation. She also works on pro bono matters for military veterans.
Areas of Focus
Education
Academic Distinction
Hastings Law Journal, Writer
Thurston Society, Member
Admissions and Courts
Role
Intro
Jillian co-leads the firm’s Health Section, while focusing on civil and regulatory litigation for health care industry clients and providers of long-term care services. Her representation encompasses skilled nursing facilities, hospitals, medical staffs, assisted living facilities, continuing care retirement communities, independent living communities, and intermediate care facilities for the developmentally disabled. She represents clients in litigation and administrative proceedings. She handles all phases of litigation: discovery, law and motion practice, mediation, arbitration, administrative hearings, trials, writs, and appeals.
Jillian guides clients through issues involving multiple government agencies, including the California Department of Public Health, California Department of Social Services, U.S. Department of Health and Human Services, and Centers for Medicare and Medicaid Services. She handles advice and counsel for disputes with government agencies and manages the response to investigations conducted by the same.
Jillian also defends hospitals, medical staff, and medical staff leaders in civil litigation arising from peer review activities. She has participated in the representation of medical staff in formal hearings involving peer review actions. She has also acted as a trial attorney representing hospitals in multiple lawsuits involving peer review and physician contracting issues. As part of her work with hospital clients, Jillian also provides advice and representation to clients with regard to Probate Code capacity and medical judgment petitions and related questions.
Jillian's prior experience includes representing companies in large-scale breach of contract actions, state and federal class actions, and state attorney general actions. Her representation has involved pharmaceutical and health care litigation, as well as consumer fraud actions.
Pro Bono
Jillian strongly supports pro bono representation and has successfully obtained Domestic Violence Restraining Orders for numerous pro bono clients over the years. During that representation she has attained no-contact orders, modified visitation schedules, emergency orders, and orders for sole custody and visitation. She also works on pro bono matters for military veterans.
Areas of Focus
Education
Academic Distinction
Hastings Law Journal, Writer
Thurston Society, Member
Admissions and Courts
Role
Health Care Section Leader
Represents skilled nursing facilities in actions challenging regulatory citations, staffing audits, discharge decisions, and federal deficiencies.
Assists medical staffs in peer review proceedings.
Advises and counsels skilled nursing facilities regarding federal and state regulatory compliance, including areas such as section 1418.8 (Epple) and abuse.
Represents hospitals on issues related to advance health care directives, medically ineffective care, and in petitions to determine capacity to make health care decisions under the Probate Code.
Successfully obtained tentative ruling granting hospital's motion for preliminary injunction to discharge patient.
Represented hospital as trial counsel in a lawsuit that raised issues of statewide importance for hospital and medical staff peer review activities. Economy v. Sutter East Bay Hospitals (2019) 31 Cal. App. 5th 1147.
Trial counsel for a hospital in a month-long jury trial in California Superior Court related to physician peer review and section 1278.5 retaliation.
Trial counsel for multiple skilled nursing clients in cases where successfully obtained dismissal of the citations.
Counseled hospital in litigation related to its residency program.
Trial counsel for skilled nursing facility in multiple cases related to a disruptive resident
Successfully obtained summary judgment dismissing a AA citation for a skilled nursing client.
California Society for Healthcare Attorneys, Member
American Health Lawyers Association, Member
California Association Medical Staff Services, Member
LeadingAge California, Member
California Association of Health Facilities, GR Legal Subcommittee, Member
Bar Association of San Francisco, Member
"CMS’ Changes to Nursing Home Compare and the Five Star Rating System," American Health Lawyers Association (May 2019)
"Social Media: Connections with Residents and Employees - Issues and Concerns," LeadingAge California Engage Magazine (May 2018)
"Antitrust Considerations For Senior Living Providers," American Seniors Housing Association Special Issues Brief (Summer 2013)
"Zealous Advocacy and the Discovery Process: Does the Duty to Cooperate Leave Room for Lawyering after National Day Laborer?" Practicing Law Institute's Summer Ethics Programs (June 2011)
"Legal Update," CAMSS Fall Conference (November 2024)
"How to Guide a Defensible Formal Investigation: Do’s and Don’ts and Best Practices," CAMSS 53rd Annual Education Forum (May 2024)
"The Medical Staff’s Response to Criminal History, Arrests, Prosecutions, and Convictions," CAMSS 53rd Annual Education Forum (May 2024)
"Case Law Update," AHLA’s Long Term and Post-Acute Care Law and Compliance (February 2024)
"The Placement Specialist and Transfer/Discharge: Implications and Requirements for SNFs," California Association of Health Facilities (November 2023)
"Crisis to Triumph – Mastering Adversity with Best Practices and a Dash of Resilience," California Assisted Living Association Fall Conference (November 2023)
"Examining Protections for Communications and Documentation," California Association of Health Facilities (July 2023)
"Lessons Learned During the Corrective Action Process: Do's and Don'ts, and Pitfalls that Medical Staff Professionals Can Avoid," co-presenter, California Association Medical Staff Services/52nd Annual Educational Forum (June 2023)
“Responding to Licensing Board Investigation," co-presenter, LeadingAge Annual Conference (May 2022)
“AGE-ucation Web Series: Conducting an Investigation after an Adverse Incident at your Community," LeadingAge California Webinar (March 2022)
“Responding to COVID-19: How In-House Attorneys and Outside Counsel Met the Challenge," California Society for Healthcare Attorneys' October Webinar (October 2020)
"Conducting an Investigation Based on Legal/Regulatory Demands," LeadingAge California 2020 Virtual Conference & Exposition (October 2020)
“Employment and Regulatory Implications in the Age of COVID-19,” California Association of Health Facilities Summer Symposium (July 2020)
"LGBT Considerations in Senior Living," 69th Annual California Association of Health Facilities Convention Conference (November 2019)
"Navigating the Transfer/Discharge Process," LeadingAge California Annual Conference (May 2019)
"The Dynamics of Disputing Federal Deficiencies", California Association of Health Facilities Annual Conference (November 2018)
"Phase 2 Requirements of Participation," California Association of Health Facilities Delta Stockton Branch (April 2018)
"Phase 2 of Requirements of Participation," Golden Gate Association of Health Facilities (January 2018)
"Independent Informal Dispute Resolutions," California Association of Health Facilities Annual Conference (November 2017)