Judith R. "Lynn" Boes
Lynn is a licensed nurse and shareholder attorney primarily practicing health law, with an emphasis on helping long-term care facilities, nurses, and other health care personnel tackling home health issues.
Prior to joining Davis Brown, Lynn practiced as a registered nurse in an array of health care settings, including hospital nursing (intensive care, medical surgical, orthopedics, and skilled nursing), home health care (both county-government and hospital-based), and as a consultant for the Iowa Department of Public Health and Drake University Center for Health Issues. She has served in both staff nurse and administrative capacities.
When she was a health care administrator, Lynn encountered difficulties getting the help she needed to serve her patients. She vowed to get the power she needed to make change happen. While raising her three children, Lynn went back to school to study law and became an attorney. She considers herself a passionate advocate on behalf of the “little guy” and often helps her clients face what seem like “David vs. Goliath” situations - government investigations or facing a legal battle against large corporations.
Health Law and Long-Term Care
In a field of ever-changing regulations and government oversight, Lynn’s advice to clients is crucial in ensuring their regulatory compliance and patient care success. She routinely represents long-term care providers in federal and state regulatory administrative appeals, assists home health agencies with compliance and reimbursement issues, and assists nursing clients with a wide variety of legal and practice issues.
When clients face issues of resident admission or questions of care, they turn to Lynn for guidance on risk management and advice on how to prudently take on the liabilities of complex care issues.
The firm is general counsel to Iowa Health Care Association and the Iowa Nurses Association. Lynn assists these associations and their membership base through involvement in legislative, regulatory, and practice issues.
Lynn helps nurses, advanced practice nurses, social workers, mental health counselors, doctors, and other individuals with professional licensing in investigations, administrative appeals, and disciplinary actions.
In her work with professional and trade organizations, Lynn reminds members that the best time to engage a lawyer is before an investigation begins. When contacted by an investigator, you should call an attorney right away. With Lynn’s background as a practicing nurse and administrator, she can help gather the necessary information to present a defense with all the facts so that the investigator does not file charges or does not continue with an investigation. Lynn takes significant joy from helping care providers defend themselves when facing investigatory bodies that do not fully understand the medical care system.
When providers have made errors and their professional boards of conduct are investigating, Lynn helps present a reasonable defense and guides her clients to the appropriate continuing education courses and other actions to demonstrate efforts at improvement to avoid more difficult penalties imposed by the board.
- Counseled a long-term care facility considering admitting a patient with difficult medical support devices. Lynn advised the facility on appropriate preventative action and risk management.
- Assisted a nurse facing investigation by the Board of Nursing in preparing a full defense: reviewing the details of the care provided, external circumstances, and other factors that the investigators were overlooking.
- Advised a small independent home health care provider in bringing policies into compliance when a notice from the Department of Inspections and Appeals was going to put them out of business.
- Represented a family-owned nursing facility facing two allegations of non-compliance at the immediate jeopardy level by the Iowa Department of Inspections and Appeals. After thorough investigation, Lynn and her team discovered the investigators had not followed proper protocol and provided conflicting information about the actions taken. The judge agreed with Lynn and ruled in favor of the care facility.
- Prevailed at the Iowa Supreme Court on behalf of the Iowa Nurses Association. The case involved the use of a new technology by advance practice nurses. The Iowa Nurses Association, among others, faced the Iowa Medical Society in the decision of who could decide nurses’ scope of practice. The Iowa Supreme Court agreed with Lynn, the Iowa Nursing Board decides the scope of practice and it is within their rights to decide what technologies can be used.