Kelly M. Jolley

Advisor and Litigator for Healthcare Regulatory Law and Information Technology Law.

Managing Attorney Kelly Jolley formulates creative solutions to multi-faceted business issues and aggressively protects the interests of her clients.  Frequently sought out by boards to give her counsel and advice, she is an outstanding diagnostician, problem solver and like all the attorneys in the firm creates solutions that are innovative and effective.

Having founded and led the Jolley Law Group, LLC to focus on representing business and healthcare clients, she crafts approaches and resolves issues using her deep knowledge of the health care industry.

Kelly regularly counsels health care clients and technology vendors on corporate compliance standards, best practices and corporate governance matters, and on the potential collateral consequences of business decisions. She routinely advises boards and helps board committees negotiate complex transactions, and serves as counsel to several healthcare and technology companies and associations. Her broad base of experience and deep knowledge of the health care industry allows Kelly to help her formulate creative solutions to multi-faceted business issues and aggressively defend the interests of her clients.

Kelly is a frequent speaker for community, health, and business organizations on the Affordable Care Act, fraud and abuse, privacy and security compliance, and business liability issues. She is a leader in the health care and legal communities and serves as Past-Chair of the South Carolina Bar’s Health Law Section Council and as President-Elect of the South Carolina Women Lawyers Association. Kelly is a member of the Health Information Technology Practice Group of the American Health Lawyers Association and previously served as Vice-Chair of the American Health Lawyers Association Liability and Litigation Practice Group. Kelly is rated AV Preeminent® by by Martindale Hubbell. She was made a Fellow of the American Bar Foundation in 2014, was designated a SuperLawyer Rising Star in 2012-2014, and named to SuperLawyers in healthcare law in 2015.

Practice Areas

  • Health Information Technology Law
  • Healthcare Regulatory Law
  • HIPAA Compliance
  • Litigation
  • Reimbursement Audits & RAC Audits
  • Strategic Planning

Education

  • University of South Carolina School of Law
    Graduated JD cum laude, 2004
  • Articles Editor South Carolina Law Review; Order of the Coif
    Phi Delta Phi; Order of the Wig and Robe
  • University of South Carolina-Columbia
    Graduated cum laude from the Honors College, 1998
  • University Scholar
  • Chi Omega; Mortar Board; Omicron Delta Kappa; Gamecock newspaper; Garnet and Black magazine

Kelly M. Jolley and Lindy L. Gunderson.  Data Breach Liability and Notification:  What Do You Need To Know?  South Carolina Lawyer (forthcoming November 2015)

Business Associates in the Post-Omnibus Rule World: Guidelines for HIPAA/HITECH Compliance
HIT News, 2014

Accountable Care Organizations: Quality, Cost and Risk.
American Health Lawyers Association Healthcare Liability & Litigation Newsletter, 2011

HIPAA, HITECH and EHRs: How Do Providers Protect Patient Privacy in the Era of Electronic Patient Records?
The Journal Of The South Carolina Medical Association, 2010

U.S. Government’s Prosecution of Alleged Stark Violations Under False Claims Act Results In Split Verdict
American Health Lawyers Association Healthcare Liability & Litigation Newsletter, 2010

Reliance on Professional Opinions, Fair Market Value Compensation, and Commercial Reasonability of Physician Contracts Prime Issues in U.S. Government’s Prosecution of Alleged Stark Law Violations.
Health Briefs E-newsletter, American Health Lawyers Association Liability And Litigation Practice Group, 2010

The New HIPAA Privacy and Security Rules Are Here: What Do Your Clients Need To Know?
South Carolina Lawyer, 2010

HHS Interim Rule on Civil Monetary Penalties for HIPAA Violations.
Health Briefs E-newsletter, American Health Lawyers Association Liability And Litigation Practice Group, 2009

HIPAA: A Roadmap to Disclosure
South Carolina Lawyer, 2008

Ethics 2000; An Overview for Lawyers
The Young Lawyer (ABA), 2005

Two Bites at the Apple: Holding Physician Practices Directly Liable for Medical Malpractice.
Journal Of The American Medical Women’s Association, 2004

Simmons v. Tumor Regional Medical Center and Osbourne v. Adams:  Expanding or Limiting Patients’ Access to Quality Care?
South Carolina Law Review, 2002

Affordable Care Act Update.  South Carolina Bar Health Care Law Section CLE: Hot Topics in South Carolina Health Care Law (May 1, 2015).

Business Associates in the Post-Omnibus Rule World: Guidelines for HIPAA/HITECH Compliance.  South Carolina Bar Health Care Law Section CLE: Hot Topics, Tips & Emerging Trends (May 9, 2014).

What Does Hiring an Employee Mean Right Now? Planning for the ACA and the Costs of Growth.  Association for Corporate Counsel South Carolina Chapter (September 23, 2013).

Protecting Patient Privacy in the Information Age – An Update.  Upstate AHEC Webinar (September 12, 2013.

Top 10 Issues in Health Care for 2012.  South Carolina Hospital Association CFO Forum.  (August 29, 2012).

The Future of the Electronic Health Record and Its Potential Impact on the Life Insurance Industry.  American Council of Life Insurers Medical Section CME Meeting (February 26, 2012).

Health Information Exchange.  American Health Lawyers Association/Health Care Compliance Association Fraud and Compliance Forum, Baltimore, Maryland (September 26, 2011).

Protecting Patient Privacy in the Information Age.  Live Webinar for Upstate AHEC, Greenville, South Carolina (March 17, 2011).

Medicare Update.  S.C. Bar Pro Bono Presentation, Burton, South Carolina (February 16, 2011).

SCHIEx Governance.  South Carolina Health Information Exchange Train-the-Trainer Session, Columbia, South Carolina (January 26, 2011).

The Mountain Guide to SCHIEx.  South Carolina Hospital Association STEEEP Summit:  The Trek with HIT, Columbia, South Carolina (January 25, 2011).

The HITECH Act.  Health Law Section Seminar – South Carolina Bar Convention, Hilton Head Island, South Carolina (January 21, 2010).

Electronic Health Record Privacy and Security.  Electronic Health Records (EHR):  Moving Toward Meaningful Use – Lowcountry AHEC Seminar, Hardeeville, South Carolina (November 19, 2010).

SCHIEx Business Associate and Participant Agreements.  SC DHHS Health Information Technology (HIT) Summit of South Carolina, Columbia, South Carolina (November 18, 2010).

Privacy, Security, and EHRs: What Do You Need To Know? Electronic Health Records (EHR):  Moving Toward Meaningful Use – Pee Dee AHEC Seminar, Florence, South Carolina (November 5, 2010).

Privacy, Security, and EHRs: What Do You Need To Know? Electronic Health Records (EHR):  Moving Toward Meaningful Use – Midlands AHEC Seminar, Camden, South Carolina (October 13, 2010).

The New HIPAA Privacy and Security Rules Are Here:  What Do You Need To Know?  Electronic Health Records (EHR):  Moving Toward Meaningful Use – Upstate AHEC Seminar, Greenville, South Carolina (September 17, 2010).

The New HIPAA Privacy and Security Rules Are Here:  What Do You Need To Know?  South Carolina Medical Group Management Association Meeting, Columbia, South Carolina (February 16, 2010).

The SC Health Information Exchange and Interim Governance Committee  SC DHHS Health Information Technology (HIT) Summit of South Carolina, Columbia, South Carolina (November 16, 2009).

The New HIPAA Privacy and Security Rules Are Here:  What Do You Need To Know?  SC DHHS Health Information Technology (HIT) Summit of South Carolina, Columbia, South Carolina (August 27, 2009).

The Stark Law:  The Physician Perspective.  South Eastern Radiology Practice Managers Association, Hilton Head Island, South Carolina (June 5, 2009).

The Stark Law: The Physician Perspective.  South Carolina Healthcare Managers Association, Lexington Chapter Meeting, Lexington, South Carolina (October 15, 2009).

South Carolina Nursing Home Law.  South Carolina Ombudsman Program Annual Meeting, Myrtle Beach, South Carolina (August 2005).

Bar Admissions

  • State Bar of South Carolina, 2004
  • The Fourth Circuit Court of Appeals
  • The United States Supreme Court

Memberships

  • South Carolina Women Lawyers Association
    President (2016), President-Elect (2015), Treasurer (2014), Secretary (2013), Board of Directors (2008-Present), Sea Islands Regional Representative (2006-2009)
  • South Carolina Bar Health Law Section Council
    Past-Chair (2015), Chair (2013-2014), Chair-Elect (2012-2013), Council (2010-Present)
  • American Health Lawyers Association
    Health and Information Technology Practice Group, ACO Task Force, former Vice-Chair of Liability and Litigation Practice Group
  • National Alliance for Mental Illness (NAMI)
    Lowcountry Board of Directors (2014-Present)
  • House of Delegates for the South Carolina Bar (2014)
  • Hilton Head Bar Association
  • American Bar Association
  • American Bar Foundation
    Fellow (2014-Present)

866-213-9144

Contact Us