Jo Ellen Whitney
CONCENTRATION
Jo Ellen is a senior shareholder of the Davis Brown Law Firm. As the chair of the firm's Employment and Labor Relations Department, she has a general practice in, but not limited to, the areas of employment and labor law, health law, privacy and fair housing.
Employment and Labor Law
In the area of employment and labor law, Jo handles a variety of
issues ranging from business planning and contracts, representation
before administrative agencies such as the Iowa Civil Rights Commission,
the EEOC and local Human Rights Commissions, as well as state and
federal court.
As a prior chair of the firm's Human Resources Committee, she brings
practical experience to bear on business planning, discipline and
termination issues for employers. She has extensive experience with contract development, as well as employee manuals, handbooks, and
internal policies and practices for employment issues and regulatory
compliance, including the ADA/ADAAA, FLSA, HIPAA and FMLA. She has developed
sample policies for a number of professional groups and organizations
including members of the Iowa Telecommunications Association and the Iowa Healthcare Association.
As part of her ongoing work involving civil rights commissions, Jo
has previously served as a mediator, speaker, and current case screener
for the Iowa Civil Rights Commission. In recognition of her work with the Iowa Civil Rights Commission, Jo Ellen was awarded the Governor's Volunteer Award for "outstanding contributions of volunteer
service to the Iowa Civil Rights Commission." Awards are granted to
people or groups who volunteer their time with a city or state
government agency, or an Iowa non-profit organization. Jo Ellen received
the Governor's Volunteer Award in 2007 and 1997.
Health Law
Jo works extensively in the field of health care law, including privacy and
confidentiality issues, for hospitals, clinics and small practices. She
has worked with medical staffing, credentialing and privileging matters,
as well as consent and risk analysis in the health care area.
Jo Ellen also works with clients health care clients on matters including:
- HIPAA/HiTECH, privacy, security and record release and retention.
- E-data release security and retention.
- Medical research including NIH, FDA and privately funded research - compliance and ethics.
- Consent to medical care, procedures, issues.
- Specialty records - HIV/AIDS, substance abuse, mental health and genetics.
- Business planning and policies regarding staffing, discipline, and terminations
Fair Housing Compliance
Additionally, Jo works with clients on issues related to fair housing compliance
in the construction, rental and sale phases for housing, apartments and
condominiums. Her work has encompassed both state and local
commissions including HUD, in the areas of construction compliance,
special housing issues, long-term care, assisted living facilities, and
manufactured housing, as well as more general fair housing issues.
Representative Clients
Jo works with a variety of clients including local service providers,
such as telephone companies and agricultural cooperatives, hospitals,
clinics, physician practices, manufacturing facilities, and social
service agencies. She has also worked regularly with the unique issues
facing not-for-profit service organizations ranging from contract and
policy issues to grant requirements for organizations such as Easter Seals of Iowa, Lutheran Services in Iowa and House of Mercy.
PROFESSIONAL RECOGNITION
- AV® Preeminent™ rated by Martindale-Hubbell.
An AV certification mark is a significant rating accomplishment - a
testament to the fact that a lawyer's peers rank him/her at the
highest level of professional excellence.
- Best Lawyers' 2013 "Des Moines Health Care Law Lawyer of the Year."
- The Best Lawyers in America, Health Care Law
- Great Plains Super Lawyers, Employment & Labor
SEMINARS, LECTURES AND PUBLICATIONS
The author of multiple editions of the Iowa Guide to Medical Records, Jo speaks consistently on HIPAA, medical records privacy, physician issues and consent matters relating to the provision of medical care. She is a regular speaker at the Iowa Health Care Association, Iowa Health Information Management Association, Iowa Medical Society, and other groups dealing with issues relating to long term care, the provision of medical services, medical practitioners and privacy.
Jo provides seminars and lectures regularly for both individual employer training sessions and speaks at larger trade associations and educational groups including; the National Telephone Cooperative Association and the Society for Human Resource Management. She is also a regular contributor to various professional and trade magazines, newsletters, and legal bulletins in the areas of employment law, privacy and health law.
COMMUNITY
PERSONAL
Jo has won multiple Iowa State Fair Blue Ribbons for recipes including Plum BBQ Sauce and Parmesan Herb Crisps.
Memberships
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American Bar Association
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Iowa State Bar Association
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Polk County Bar Association
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Polk County Women Attorneys
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Society for Human Resource Management
Alma Maters
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Duke University, 1984
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Duke University School of Law, 1988
Bar Admissions
Articles