Emily Grey

Practice Areas

Healthcare

Alternative Dispute Resolution

Career

Emily is a board-certified Health Law Specialist who has practiced health law for almost 25 years. She is a member of the firm's Management Committee, and Best Lawyers has named her the 2024 "Lawyer of the Year" in Health Care Law in Baton Rouge. Emily is one of only 3 Louisiana lawyers ranked in Band 1 by Chambers USA.

Emily's clients describe her as "extremely knowledgeable and extraordinarily helpful." She is known for her experience in the field, particularly in the intersection of state regulatory and federal requirements. Her clients include hospitals, behavioral health providers and addiction treatment centers, surgery centers, pharmacies, physicians, laboratories, healthcare management and consulting companies and other healthcare businesses. She represents healthcare providers in operational matters, regulatory and compliance issues, contracting, licensing and enrollment, reimbursement and payment disputes, healthcare transactions, and other business matters. Healthcare providers have also engaged her as a health law expert in litigation and arbitration.

Emily currently serves on the American Health Law Association Board of Directors. She has also held leadership positions in the American Bar Association House of Delegates (which establishes national ABA policies), the Louisiana State Bar Association's Health Law Section (as Vice Chair), the Louisiana Law Institute (the state's official law revision commission), and the Baton Rouge Bar Association. She is also a frequent speaker and author on healthcare issues, with more than 130 presentations and publications, including many for the American Health Law's Association and the Louisiana Hospital Association.

Emily is licensed in Louisiana and Texas, is a health law arbitrator, and has served as adjunct faculty, teaching health law at the LSU Law Center.

Professional Memberships

Arbitrator, American Health Law Association’s Arbitration Panel

American Bar Association, House of Delegates Member, 2009-2012 Terms

American Health Lawyers Association, since 2000 (Board of Directors, 2022; Hospitals and Health Systems Practice Group, Chair 2018-2020, Vice Chair of Education 2015-2016; Vice Chair of Strategic Activities 2014-2015; Mentoring Committee, 2012 – 2013; Public Health Systems Affinity Group, Chair 2013-2014, Vice Chair, 2012-2013; Public Sector Task Force, 2012; Hospitals and Health Systems Leadership Development Program, 2011 – 2012; Emergency Preparedness Affinity Group, 2009 – 2011)

Baton Rouge Bar Association (President's Award, 2014; Judge Keogh Award, 2008; Luncheon Program Chair, 2008; Law Day Committee Chair, 2007 and 2010; Bench Bar Committee, Chair 2013, member since 2006; Law Expo Committee Chair, 2006; Young Lawyer's Section Council, 2005; Sidebar Luncheon Chair, 2005)

Louisiana Law Institute Council Member (2009-2012)

Louisiana Law Review

Louisiana Society for Hospital Attorneys, since 2000

Board Certified Health Law Specialist – Louisiana Board of Legal Specialization, Louisiana State Bar Association (Health Law Section Vice Chair 2010-2015, member since 2000, Crystal Gavel Award, 2005)

Phi Delta Phi International Legal Fraternity

SOLACE, Inc., (member, since 2002)

Work Highlights

Expert Witness Engagements

Consuelo Cervantes vs. Tenet Hospitals Limited, A Texas Limited Partnership D/B/A/ The Hospitals Of Providence East Campus, Civil Action No. 3:18-Cv-00110-Kc, United States District Court For The Western District Of Texas El Paso Division (March 4, 2019). Provided expert opinion regarding whether hospital satisfied Emergency Medical Treatment and Labor Act (“EMTALA”) requirements related to medical screening examinations in accordance with 42 U.S.C. §1395dd(a), 42 C.F.R. §489.24(a)(i), and associated healthcare regulatory guidance.

Highline Health, L.L.C. vs. UTC Laboratories, L.L.C. AAA Case No. 01-16-0003-3824 (June 30, 2017). Provided expert opinion regarding whether an agreement related to Master Distributor Agreement (MDA) for laboratory presents an unduly high risk of violating state or federal healthcare laws and whether the fair market value evaluation of the MDA compensation takes appropriate factors into account.

Publications

“From Compliance to Care: How Hospitals Are Navigating the APP Revolution”, October 2025

“When CMS Changes the Map: How Mileage Recalculations Are Costing Hospitals Their CAH Status” Louisiana Hospital Association’s Impact Lawbrief, Vol. 40, No. 7, August 2025

“American Health Lawyers Association, Representing Hospitals and Health Systems Handbook. (2nd Ed., 2024). Editor.”, November 2024

“Governance Check Up: The Board's Duty Is Oversight, Not Management” Louisiana Hospital Association’s Impact Lawbrief, Vol. 39. No. 6, August 2024

“Hospitals Beware: Properly Safeguarding the Most Protected Patient Records in Healthcare. (42 CFR Part 2)” Louisiana Hospital Association’s Impact Lawbrief, June/July 2024

“What Hospitals Really Need to Know About Information Blocking”, June 2024

“Emily B. Grey Elected to Management Committee”, January 2024

“Louisiana Will Loosen Restrictions on Non-Emergency Healthcare Services Starting April 27, 2020”, April 2020

“Managed Care: LA Department of Insurance Emergency Rule 37”, March 2020

Cameras in Surgery Pit Patient Privacy Against Hospital Safety, Bloomberg Law, Health Law & Business News, (April 17, 2019). Quoted as healthcare law expert regarding patient consents and hospital conducting surveillance. Available here

Disaster Preparedness and Response: Five Focus Areas for Hospital and Health System Counsel, American Health Lawyers Association Hospitals & Health Systems Rx Newsletter, Vol. 21, Issue 1 (March 2019).

American Health Lawyers Association, Health Care Compliance Legal Issues Manual (5th Ed., 2019). Contributing Author, Chapter 16 “EMTALA Compliance.”

Course Correction: The Opioid Crisis, Regulatory Efforts, and the Role of Physicians. American Health Lawyers Association Physicians Organizations Newsletter, Vol. 20, Issue 2, December 2017

The New Two-Midnight Rule – Scrutiny Delayed for 90 Days. Louisiana Hospital Association's Impact Lawbrief, September 2013.

CMS Seeks Comment on How EMTALA Should Apply to Inpatients and Hospitals with Specialized Capabilities. Louisiana Hospital Association's Impact Lawbrief, January 2011.

CMS' Stark Self-Disclosure Protocols: The Who, What When, Where, Why and How of the New Process. Louisiana Hospital Association's Impact Lawbrief, September 2010.

Tax Refund Opportunity For Nursing Homes. Louisiana Nursing Home Association’s Lagniappe, May 2010 (discussing state sales and use tax refunds available for certain health care items).

www.healthlawyers.org/EmergencyPreparednessToolkit

ABA House Of Delegates Report: Dues Changes, School Debt, Immigration Reform and More, Baton Rouge Bar Association’s Around the Bar, May 2010.

Hospitals Should Take Advantage of Tax Refund Opportunities, Louisiana Hospital Association’s Impact Lawbrief, April 2010 (discussing state sales and use tax refunds available for certain health care items).

ABA House of Delegates - 2009 Annual Meeting Report, Baton Rouge Bar Association's Around the Bar, October 2009.

6th Circuit Decision Broadens Scope of EMTALA and Liability for Hospitals, Louisiana Hospital Association's Impact Lawbrief, May 2009.

When Should Hospitals Report Crimes? Louisiana Hospital Association's Impact Lawbrief, April 2009.

HCQIA Immunity Strengthened -- Fifth Circuit Reverses Poliner. Louisiana Hospital Association's Impact Lawbrief, August 2008 (discussing the appellate court’s reversal of multi-million dollar award to a physician based on the Health Care Quality Improvement Act).

Do Hospitals Have To Treat Psychiatric Emergencies? EMTALA and Mental Health, Healthcare Journal of Baton Rouge, July/August 2008, at 28-29.

Hospitals Don’t Have to Report Internal Incidents of Neglect or Abuse -- OR DO THEY? Louisiana Hospital Association's Impact Lawbrief, March 2008 (explaining the requirements of La. R.S. 40:2009.20).

A Peer Review Primer, HealthCare Journal of Baton Rouge, July/August 2007.

About Healthcare, About Management, April 2005 (discussion of Driscoll v. Stucker, a case about physician peer review requirements under the Health Care Quality Improvement Act).

Romero v. Willis Knighton Medical Center, Louisiana Hospital Association's Impact Law Brief, June 2004.

CMS Releases Survey, Louisiana Hospital Association's Impact Law Brief, November 2004.

About Healthcare, About Management, October 2003 (discussion of DHH's recent release of EMTALA final regulations).

About Healthcare, About Management, June 2003 (discussion of on Harry v. Marchant, a case on the duty under EMTALA to provide stabilization treatment).

About Healthcare, About Management, May 2003 (discussion of recent ruling in Dibble v. Penn State Geisinger Clinic, Inc. on HMO trade secrets).

HHS Calls for Federal Regulation of Medical Malpractice Litigation System, Louisiana Hospital Association's Impact Lawbrief, August 2002 (summarizing DHH report on national malpractice crisis and proposed legislation).

Court Finds No EMTALA Duty to Stabilize a Patient Who is not Transferred, Louisiana Hospital Association's Impact Lawbrief, July 2002 (summarizing Eleventh Circuit EMTALA ruling in Harry v. Marchant arising from an alleged failure to stabilize).

Supreme Court Rules on Patient Dumping, Louisiana Hospital Association's Impact Lawbrief, March 2002 (summarizing a recent Louisiana Supreme Court ruling relating to the malpractice damages cap and EMTALA).

About Healthcare, About Management, November 2001 (discussion of recent case on physician duty to fetus).

About Healthcare, About Management, July 2011 (summary of recent developments in Complementary and Alternative Medicine Law and expected actions by Louisiana State Board of Medical Examiners).

The Medical Malpractice Damages Cap: What is Included? 60 La.L.Rev. 547 (Winter 2000). A detailed analysis of La. R.S. 40:1299.42(B) and its application to claims for loss of consortium, vicarious liability, and exclusively economic injuries. Cited with approval in Turner v. Southwest Louisiana Hosp. Ass'n, 2003-0237 La. App. 3 Cir. 10/1/03); 856 So.2d 1237, 1243.

Education

Awards