Susan McNear Fradenburg

Practice Areas

Susan has more than 25 years of experience representing clients in the health care industry, with a focus on long-term care providers, pharmacies and hospitals.

She has argued on behalf of hospitals and long-term care providers at the North Carolina Court of Appeals and the 4th Circuit Court of Appeals and has appeared in both federal and state administrative courts challenging the imposition of civil monetary penalties and other adverse regulatory actions.

Crisis Management

Susan works with the firm's health law team to provide crisis management assistance to health care facilities, including round-the-clock coverage for hospitals facing fast-track termination. She has stopped fast-track terminations resulting from EMTALA and immediate jeopardy survey deficiencies, and potential loss of license for assisted living facilities. She has also removed denial of payment for new admissions penalties and reduced civil monetary penalties by preparing necessary documents and negotiating directly with state and federal entities.

Health Care Transactions

Susan has prepared asset purchase agreements, operation transfer agreements and merger agreements for long-term care providers, pharmacies and other health care providers working on the specific certificate of need, licensure and federal certification issues that are unique to health care transactions. She has also obtained necessary Medicare/Medicaid approval involving changes of ownership and merger notifications. Working with Palmetto and NCTracks, Susan has obtained necessary information and guidance related to reporting errors or other changes of information in Medicare and Medicaid submissions without penalty or interruption in reimbursement.

Long-Term Care

As outside general counsel for her long-term care clients, Susan handles day-to-day operational issues, including updating policies and procedures to address new state and federal regulations, reviewing contractual arrangements, handling resident and family member questions and concerns, assisting with discharge of residents, powers of attorney and guardian documents, answering questions regarding advance directives and dealing with surveyors.

Certificate of Need

Susan has represented hospitals, nursing homes, assisted living facilities, hospices and home health agencies in certificate of need matters. She has advised regarding submissions of no review and material compliance requests as well as applications identifying creative solutions and resolutions to allow clients to move forward with desired projects and proposals. She has litigated on behalf of her clients from the administrative hearing level through the North Carolina Supreme Court.

COVID-19 Counsel

Susan advises and guides health care providers applying for and receiving Provider Relief Funds through the Coronavirus Aid, Relief and Economic Security Act (CARES Act). She was on the front lines of the COVID-19 pandemic with her clients, monitoring rapidly changing federal and state health guidance and regulations, and preparing testing protocols and procedures to help them respond appropriately when a patient or staff member contracted the coronavirus. More recently, she successfully assisted clients who missed federal reporting deadlines and were facing the possibility of having to return federal funds.

Career

Susan was a partner at Smith Moore Leatherwood LLP, which combined with Fox Rothschild in 2018. She also held clerkships with Justice Louis B. Meyer and Justice Sarah E. Parker of the North Carolina Supreme Court.

Professional Memberships

North Carolina Bar Association, Health Law Section, Council Member (2001-2004, 2022-Present) | American Health Lawyers Association

Personal

Wake Forest University School of Law (J.D., 1993) | University of Kansas (B.A., with highest distinction, 1990)

Expert in these Jurisdictions

Bar Admission: North Carolina