Education

Cornell University, Diversity and Inclusion Certificate

Vermont Law School, J.D., magna cum laude; Editor, Vermont Law Review

Connecticut College, B.A., summa cum laude; Phi Beta Kappa (Winthrop Scholar); Pi Sigma Alpha

Experience

  • Negotiated numerous complex memoranda of understanding with funding agencies on behalf of a hospital.
  • Served as lead negotiator in labor negotiations with nursing union for hospital.
  • Provided practical, operational advice to clinical nurse managers in handling labor grievances.
  • Advised patient experience coordinator on handling patient complaints and grievances.
  • Provided advice to physicians on issues related to guardianships, advanced directives and other court-orders pertinent to treatment.
  • Successfully contested a recommendation for substantiation of adult abuse against a management-level employee of a client.
  • Advised a skilled nursing facility as to most cost-effective response to a series of complaint surveys containing substandard quality of care tags.
  • Conducted thorough revisions to Notices of Privacy Practices and Business Associate Agreements for numerous hospitals, nursing homes and other covered entities to comply with Omnibus Final Rule.
  • Provided detailed advice to home health agency regarding its corporate compliance program as part of compliance with Affordable Care Act requirements.
  • Engaged in Certificate of Need process on behalf of the interested party regarding the development of inpatient substance abuse treatment facilities.
  • Handled complex independent informal dispute resolutions for skilled nursing facilities.
  • Developed and facilitated Windham County Legal Assistance Project, which assigns free or low-cost counsel to indigent litigants in cases not covered by Vermont Legal Aid’s service priorities.
  • Obtained dismissal of client from complex environmental litigation on the basis of inadequate corporate successor evidence.

Admissions

Vermont, 2005

Massachusetts, 2008

U.S. Court of Appeals for the Second Circuit, 2008

U.S. District Court, District of Vermont, 2008

U.S. Court of Appeals for the First Circuit, 2009

New Hampshire, 2010

U.S. District Court, District of New Hampshire, 2011

U.S. District Court, District of Massachusetts, 2013

Memberships & Activities

Association of Corporate Counsel

American Health Lawyers Association: Health Law and Litigation Practice Group; Post-Acute an Long Term Care Services Practice Group

Windham County Bar Association

Vermont Bar Association; Health Law Section, Chair

Accolades & Awards

Connecticut College Concerto competition winner (1998)

Hanna Hafkesbrink Award (for outstanding student of the humanities)

Helen Lehman Buttenweiser Prize (to a sophomore with academic achievement and outstanding service to the college)

Lawrence Scholarship (a funded internship after junior year)

Mary Foulk Morrison Prize (outstanding Government Major)

Phi Beta Kappa (Winthrop Scholar)

Pi Sigma Alpha

Vermont Business Magazine Rising Star 2014

Vermont Law Review Ballenger-Green Paper Competition Winner

Community Involvement

Elizabeth is the President of the Board of Directors for the New England Center for Circus Arts. She served on the Board of the Brattleboro Area Chamber of Commerce and the Board of the Brooks Memorial Library for six years each. She was one of the founders and the first coordinator or the Windham County Legal Assistance Project. A classically trained singer, Elizabeth performs in regional productions with the Windham Philharmonic and other local groups and regularly volunteers as the soprano soloist at the Friends of Music at Guilford’s Annual Messiah Sing.

Reported Cases

State of Vermont v. Howe Cleaners, Inc., 2010 VT 70, 188 Vt. 303, 9 A.3d 276 (2010) (affirming summary judgment in favor of TD Bank on the State’s claim for environmental response costs)

Altair Engineering, Inc. v. LEDdynamics, Inc., No. 07-CV-13150 (E.D. Mich. Mar. 24, 2009), aff’d in part and rev’d in part, 413 F. App’x 251 (Fed. Circ. 2011) (favorable Markman ruling for defendant in patent infringement suit)

Black Diamond Sportswear, Inc. v. Black Diamond Equipment, Ltd., 2007 WL 2914452, 84 U.S.P.Q.2d 1758 (2d Cir. 2007) (affirming summary judgment dismissal of plaintiff’s $20 million trademark infringement claim against client using defense of laches)

Publications

Author, Mental Health and Substance Abuse Treatment Chapter, Vermont Guide to Health Care Law, Vermont Medical Society 2018; updated 2021.

Elizabeth R. Wohl and Paul Andrew Kervick, Taking the Road Not Taken: Vermont’s Health Benefit Exchange and the Green Mountain State’s Journey to Single Payer Healthcare, Vol. X Health Lawyers Weekly Issue 34 (American Health Lawyers Association, August 24, 2012)

Author, Phone Call From Primary Care Clinic to ER Does Not Trigger EMTALA Obligations, Health Briefs e-Newsletter (American Health Lawyers Association, May 2012)

Author, Waiting for the U.S. Supreme Court to Rule: Preparing Clients for Three Possible Outcomes of the Affordable Care Act Litigation, 14 Healthcare Liability and Litigation Practice Group Issue 1, page 1 (American Health Lawyers Association, January 2012)

Author, Sixth Circuit Issues First Appellate Ruling on Substance of Patient Protection and Affordable Care Act: Recognizing the Court’s Limits and Defining the Conflict for the Supreme Court, Health Briefs e-Newsletter (American Health Lawyers Association, July 2011)

Author, The Threat to the Rule of Law , a Critique of Instrumentalism, 35 Vermont Bar Journal No. 3 (Fall 2009) (book review)

Elizabeth R. Wohl and Charity R. Clark, Breastfeeding Laws in Vermont: A Primer, 34 Vermont Bar Journal No.1 (Spring 2008)

Presentations

Panelist, “It’s All About the Vaccine”, Vermont Bar Association Annual Meeting, October 8, 2021.

COVID-19, GC Roundtable Podcast Participant, American Health Law Association, April 2020

Panelist, “Keeping it all Together: Navigating Mental Health Issues in the Legal Profession,” Vermont Bar Association Mid-Year Meeting, March 23, 2018.

Health Law Year in Review, VBA Annual Meeting, October 13, 2017.

Presenter, Good, Better, and Best Practices for Mandatory Compliance Programs, Vermont Health Care Association Annual Meeting (Vermont, October 2, 2013)

Presenter, Good, Better, and Best Practices for Mandatory Compliance Programs, Vermont Health Care Association Membership Meeting (Berlin, Vermont, March 26, 2013)

Elizabeth R. Wohl and Robert Kinscherff, PhD., Co-Presenters, Legal Issues in Work with Persons with Violent Behaviors, Brattleboro Retreat Education Conference (Brattleboro, Vermont, November 9, 2012)

Presenter, What Will the Supreme Court Do With the Patient Protection and Affordable Care Act?, Downs Rachlin Martin PLLC’s Upper Valley Labor and Employment Law Seminar (West Lebanon, New Hampshire, April 17, 2012)

Presenter, Obtaining Protected Health Information through Discovery: HIPAA and Beyond, Windham County Bar Association Meeting (Connecticut, May 25, 2010)

Presenter, Health Information: Security, Privacy and Discovery, Vermont Bar Association 53rd Mid-Year Meeting (Burlington, Vermont, March 19, 2010)