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Turning 125: Nelson Mullins Celebrating 125 Years of Legal Service in 2022
In January 1897, attorney P.H. Nelson left his position as solicitor of the Fifth Judicial Circuit to set up a private law practice in Columbia, S.C. The State newspaper contained a short but prescient news item on Jan. 26 about the endeavor, which noted that "the new firm should meet with great success."
And they were right. Today, Nelson Mullins Riley & Scarborough LLP offers legal services in 15 states and the District of Columbia from 31 offices with 930+ attorneys, policy advisors, and professionals. It is the 71st largest law firm in the nation based on 2021 gross revenues, according to The American Lawyer’s Am Law 100, a legal news organization that tracks law firm growth.
Throughout 2022, Nelson Mullins will be sharing seminal events from its history that highlight its growth from a one-man firm in 1897 to where we are today. Click here to learn more.
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July 6, 2022
Partner Virginia "Ginger" Rolfes will be a panelist for a CLE on July 6 titled "Real Estate Finance: Structuring Earnout, Release Parcel, and Partial Prepayment/Defeasance Provisions." The CLE will discuss holdbacks and earnout provisions under which mortgage proceeds are retained by the lender but made available to the borrower upon satisfaction of certain conditions. The panel will also analyze provisions that allow for the release of a parcel post-closing, including the subdivision, easement rights, and entity issues to address. In addition, the panel will discuss the prepayment and partial defeasance options with either scenario.
Real Estate Finance: Structuring Earnout, Release Parcel, and Partial Prepayment/Defeasance Provisions Hosted by: Strafford
Patricia A. Markus
Partner
4140 Parklake Avenue
Suite 200
Raleigh, NC 27612
Trish represents healthcare providers and related organizations across the country on an array of healthcare regulatory compliance, reimbursement, licensure, and operational matters, with a special focus on issues surrounding health information privacy, security, and technology. Trish provides strategic and practical advice regarding HIPAA and other data privacy and security laws, information blocking and interoperability requirements,...
Trish represents healthcare providers and related organizations across the country on an array of healthcare regulatory compliance, reimbursement, licensure, and operational matters, with a special focus on issues surrounding health information privacy, security, and technology. Trish provides strategic and practical advice regarding HIPAA and other data privacy and security laws, information blocking and interoperability requirements, telehealth and health information exchange initiatives, technology licensing and services arrangements, cybersecurity risks and data breach prevention and response, clinical research and patient care issues, and compliance and fraud and abuse matters. She also works with physicians, hospitals, accountable care organizations, post–acute care facilities, behavioral health and substance use disorder facilities, and pharmacies on licensure and reimbursement matters, acquisitions, and divestitures. She writes frequently and speaks nationally on healthcare topics.
Trish is a Chicago–area native and lifelong Cubs fan whose first aspiration was to become a Chicago Cub. When the inherent improbability of that dream became apparent, she determined she would become the Cubs' team physician. After struggling with college biochemistry and realizing that she had inherited her journalist parents' writing skills, she decided to attend law school instead. She relocated to Raleigh in 1995, in part to escape Chicago winters.
When not practicing law, Trish enjoys jogging, gardening, crosswords, traveling, attending and watching baseball games, reading, learning about and tasting wine, and spending time with her husband and their two rabbits.
telehealth and health information exchange initiatives, technology licensing and services arrangements, cybersecurity risks and data breach prevention and response, clinical research and patient care issues, and compliance and fraud and abuse matters. She also works with physicians, hospitals, accountable care organizations, post–acute care facilities, behavioral health and substance use disorder facilities, and pharmacies on licensure and reimbursement matters, acquisitions, and divestitures. She writes frequently and speaks nationally on healthcare topics.
Trish is a Chicago–area native and lifelong Cubs fan whose first aspiration was to become a Chicago Cub. When the inherent improbability of that dream became apparent, she determined she would become the Cubs' team physician. After struggling with college biochemistry and realizing that she had inherited her journalist parents' writing skills, she decided to attend law school instead. She relocated to Raleigh in 1995, in part to escape Chicago winters.
When not practicing law, Trish enjoys jogging, gardening, crosswords, traveling, attending and watching baseball games, reading, learning about and tasting wine, and spending time with her husband and their two rabbits.
Experience
HIPAA and Health Information Technology
- Represented clients in development of regional and enterprise–wide health information exchange organizations (HIEs), including establishment of governance structures, data use and sharing agreements, technology licensing agreements, privacy and security policies and procedures, advice on operational matters, and contracts with other regional and national HIEs
- Assisted hospital systems and physician practices in negotiating and licensing agreements for electronic health record software systems and telehealth solutions, in preparing contracts for hospitals’ provision of subsidized EHR technology and services to community medical practices, and in extending hospitals systems’ EHR licenses to managed hospitals within systems
- Assisted hospitals and physician practices in operational aspects of implementing EHR systems, including preparing privacy and security policies and processes, crafting patient portal and remote access agreements, and preparing policies and processes for BYOD and secure texting
- Reviewed and negotiated wide variety of health IT agreements, including electronic health record software, cloud storage, data supplier, value–added reseller, data analytics, and clinical data registry agreements
- Assisted statewide industry association in structuring and preparing various data analytics and data exchange agreements to assist association members in various population health management, quality improvement, and patient support programs
- Represented telemedicine mobile application start–up and company seeking to offer second opinion consultations by nationally–recognized experts in assessing possible corporate structures, business models, and payment options and understanding resulting fraud and abuse, corporate practice of medicine, fee–splitting, reimbursement, data privacy and security, and operational limitations and requirements
- Assisted clients in preparing multistate analyses of corporate practice of medicine and fee splitting laws, physician and other practitioner licensure and scope of practice requirements, and available payment for services provided through telemedicine technologies
- Counseled wide variety of provider clients and business associates on whether specific data breach circumstances require breach notification under HIPAA and applicable state data breach laws, identified mitigation strategies, and assisted with reporting obligations
- Represented hospitals, physicians, and business associates in responding to data breaches and Office for Civil Rights investigations
- Assisted substance use disorder providers in responding to subpoenas for substance abuse disorder records and in updating release of information forms and policies to conform to changing requirements of 42 CFR Part 2
- Counseled data analytics start–up on regulatory implications of licensing de–identified health data from organizations and sub–licensing such de–identified data sets to research organizations seeking large data sets
Healthcare Corporate, Regulatory, and Licensure Matters
- Assisted providers in addressing questions about Paycheck Protection Program, Medicare Provider Relief Fund, and various state and federal regulatory waivers and flexibilities issued during COVID–19 emergency
- Represented dozens of providers in responding to Medicare, Medicaid, and other insurer audits and appeals of recoupment and repayment demands, including Administrative Law Judge hearings
- Represented substance use disorder providers in acquisitions and divestitures and licensure, reimbursement, regulatory compliance, and operational matters
- Assisted national outpatient services provider with Medicaid enrollment issues and matters before pharmacy board
- Assisted physician practices and hospitals in all aspects of medical practice start–ups, divestitures, joint arrangements, and disputes
- Performed compliance review of policies and operational practices of accountable care organization and provided report outlining suggested remediation measures
- Served as local counsel to publicly traded post–acute care companies in acquisitions, refinancings, and state Medicaid enrollments and licensure issues
- Structured management services arrangements for physicians, dentists, chiropractors, and other practitioners to avoid corporate practice of medicine and fee–splitting concerns
Education
- Boston College Law School, JD
- Haverford College, BA, English, with honors
Admissions
- North Carolina
- Illinois
Clerkships
- Law Clerk, the Honorable Robert W. Cook, Illinois Court of Appeals, Fourth Circuit
- Law Clerk, the Honorable Willis P. Whichard, North Carolina Supreme Court
Practice Areas
Industries
HIPAA and Health Information Technology
- Represented clients in development of regional and enterprise–wide health information exchange organizations (HIEs), including establishment of governance structures, data use and sharing agreements, technology licensing agreements, privacy and security policies and procedures, advice on operational matters, and contracts with other regional and national HIEs
- Assisted hospital systems and physician practices in negotiating and licensing agreements for electronic health record software systems and telehealth solutions, in preparing contracts for hospitals’ provision of subsidized EHR technology and services to community medical practices, and in extending hospitals systems’ EHR licenses to managed hospitals within systems
- Assisted hospitals and physician practices in operational aspects of implementing EHR systems, including preparing privacy and security policies and processes, crafting patient portal and remote access agreements, and preparing policies and processes for BYOD and secure texting
- Reviewed and negotiated wide variety of health IT agreements, including electronic health record software, cloud storage, data supplier, value–added reseller, data analytics, and clinical data registry agreements
- Assisted statewide industry association in structuring and preparing various data analytics and data exchange agreements to assist association members in various population health management, quality improvement, and patient support programs
- Represented telemedicine mobile application start–up and company seeking to offer second opinion consultations by nationally–recognized experts in assessing possible corporate structures, business models, and payment options and understanding resulting fraud and abuse, corporate practice of medicine, fee–splitting, reimbursement, data privacy and security, and operational limitations and requirements
- Assisted clients in preparing multistate analyses of corporate practice of medicine and fee splitting laws, physician and other practitioner licensure and scope of practice requirements, and available payment for services provided through telemedicine technologies
- Counseled wide variety of provider clients and business associates on whether specific data breach circumstances require breach notification under HIPAA and applicable state data breach laws, identified mitigation strategies, and assisted with reporting obligations
- Represented hospitals, physicians, and business associates in responding to data breaches and Office for Civil Rights investigations
- Assisted substance use disorder providers in responding to subpoenas for substance abuse disorder records and in updating release of information forms and policies to conform to changing requirements of 42 CFR Part 2
- Counseled data analytics start–up on regulatory implications of licensing de–identified health data from organizations and sub–licensing such de–identified data sets to research organizations seeking large data sets
Healthcare Corporate, Regulatory, and Licensure Matters
- Assisted providers in addressing questions about Paycheck Protection Program, Medicare Provider Relief Fund, and various state and federal regulatory waivers and flexibilities issued during COVID–19 emergency
- Represented dozens of providers in responding to Medicare, Medicaid, and other insurer audits and appeals of recoupment and repayment demands, including Administrative Law Judge hearings
- Represented substance use disorder providers in acquisitions and divestitures and licensure, reimbursement, regulatory compliance, and operational matters
- Assisted national outpatient services provider with Medicaid enrollment issues and matters before pharmacy board
- Assisted physician practices and hospitals in all aspects of medical practice start–ups, divestitures, joint arrangements, and disputes
- Performed compliance review of policies and operational practices of accountable care organization and provided report outlining suggested remediation measures
- Served as local counsel to publicly traded post–acute care companies in acquisitions, refinancings, and state Medicaid enrollments and licensure issues
- Structured management services arrangements for physicians, dentists, chiropractors, and other practitioners to avoid corporate practice of medicine and fee–splitting concerns
Media
Recognitions
- Fellow, American Bar Foundation
- Chambers USA: America's Leading Lawyers for Business, Healthcare – North Carolina (2016–2022)
- The Best Lawyers in America, Lawyer of the Year for Healthcare Law in Raleigh, N.C. (2020)
- The Best Lawyers in America, Healthcare (2009–2022)
- North Carolina Super Lawyers, Health Care (2014–2022), and as one of the “Top 50 Women” attorneys in North Carolina (2015)
- Triangle Business Journal’s Women in Business Award (2012)
Professional Activities
- American Health Law Association:
- President–Elect Designate (July 2021–June 2022)
- Board of Directors (July 2015–present)
- Chair, HIT Practice Group (July 2012–June 2015); Vice Chair (July 2008–June 2012)
- Co–leader, Privacy and Security Compliance and Enforcement Affinity Group, HIT Practice Group (2006–2008)
- North Carolina Bar Association:
- Chair, Health Law Section (2012–2013)
- Health Law Section Council (2006–2009)
- Communications Committee (2002–present)
- Member, American Telemedicine Association
- Member, Health Information Management Systems Society
- North Carolina Healthcare Information and Communications Alliance, Legal Work Group (2006 – present)
- American Health Information Management Association:
- Health Information Exchange Council (2008)
- e–HIM Workgroup on HIM in Health Information Exchange (2007)
- North Carolina Society of Healthcare Attorneys:
- President (2003–2004)
- Board of Directors (2000–2007)
- Member, NC Health Information Exchange Legal and Policy Work Group (2010–2011)
- Co–Chair, Legal Work Group and Implementation Plan Work Group, North Carolina Health Information Security and Privacy Collaboration (HISPC) Project (2006–2009)
Community
- Young Executive Committee, American Heart Association Greater Raleigh Heart Gala (2003)
Trish represents healthcare providers and related organizations across the country on an array of healthcare regulatory compliance, reimbursement, licensure, and operational matters, with a special focus on issues surrounding health information privacy, security, and technology. Trish provides strategic and practical advice regarding HIPAA and other data privacy and security laws, information blocking and interoperability requirements,... telehealth and health information exchange initiatives, technology licensing and services arrangements, cybersecurity risks and data breach prevention and response, clinical research and patient care issues, and compliance and fraud and abuse matters. She also works with physicians, hospitals, accountable care organizations, post–acute care facilities, behavioral health and substance use disorder facilities, and pharmacies on licensure and reimbursement matters, acquisitions, and divestitures. She writes frequently and speaks nationally on healthcare topics.
Trish is a Chicago–area native and lifelong Cubs fan whose first aspiration was to become a Chicago Cub. When the inherent improbability of that dream became apparent, she determined she would become the Cubs' team physician. After struggling with college biochemistry and realizing that she had inherited her journalist parents' writing skills, she decided to attend law school instead. She relocated to Raleigh in 1995, in part to escape Chicago winters.
When not practicing law, Trish enjoys jogging, gardening, crosswords, traveling, attending and watching baseball games, reading, learning about and tasting wine, and spending time with her husband and their two rabbits.
Experience
Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.HIPAA and Health Information Technology
- Represented clients in development of regional and enterprise–wide health information exchange organizations (HIEs), including establishment of governance structures, data use and sharing agreements, technology licensing agreements, privacy and security policies and procedures, advice on operational matters, and contracts with other regional and national HIEs
- Assisted hospital systems and physician practices in negotiating and licensing agreements for electronic health record software systems and telehealth solutions, in preparing contracts for hospitals’ provision of subsidized EHR technology and services to community medical practices, and in extending hospitals systems’ EHR licenses to managed hospitals within systems
- Assisted hospitals and physician practices in operational aspects of implementing EHR systems, including preparing privacy and security policies and processes, crafting patient portal and remote access agreements, and preparing policies and processes for BYOD and secure texting
- Reviewed and negotiated wide variety of health IT agreements, including electronic health record software, cloud storage, data supplier, value–added reseller, data analytics, and clinical data registry agreements
- Assisted statewide industry association in structuring and preparing various data analytics and data exchange agreements to assist association members in various population health management, quality improvement, and patient support programs
- Represented telemedicine mobile application start–up and company seeking to offer second opinion consultations by nationally–recognized experts in assessing possible corporate structures, business models, and payment options and understanding resulting fraud and abuse, corporate practice of medicine, fee–splitting, reimbursement, data privacy and security, and operational limitations and requirements
- Assisted clients in preparing multistate analyses of corporate practice of medicine and fee splitting laws, physician and other practitioner licensure and scope of practice requirements, and available payment for services provided through telemedicine technologies
- Counseled wide variety of provider clients and business associates on whether specific data breach circumstances require breach notification under HIPAA and applicable state data breach laws, identified mitigation strategies, and assisted with reporting obligations
- Represented hospitals, physicians, and business associates in responding to data breaches and Office for Civil Rights investigations
- Assisted substance use disorder providers in responding to subpoenas for substance abuse disorder records and in updating release of information forms and policies to conform to changing requirements of 42 CFR Part 2
- Counseled data analytics start–up on regulatory implications of licensing de–identified health data from organizations and sub–licensing such de–identified data sets to research organizations seeking large data sets
Healthcare Corporate, Regulatory, and Licensure Matters
- Assisted providers in addressing questions about Paycheck Protection Program, Medicare Provider Relief Fund, and various state and federal regulatory waivers and flexibilities issued during COVID–19 emergency
- Represented dozens of providers in responding to Medicare, Medicaid, and other insurer audits and appeals of recoupment and repayment demands, including Administrative Law Judge hearings
- Represented substance use disorder providers in acquisitions and divestitures and licensure, reimbursement, regulatory compliance, and operational matters
- Assisted national outpatient services provider with Medicaid enrollment issues and matters before pharmacy board
- Assisted physician practices and hospitals in all aspects of medical practice start–ups, divestitures, joint arrangements, and disputes
- Performed compliance review of policies and operational practices of accountable care organization and provided report outlining suggested remediation measures
- Served as local counsel to publicly traded post–acute care companies in acquisitions, refinancings, and state Medicaid enrollments and licensure issues
- Structured management services arrangements for physicians, dentists, chiropractors, and other practitioners to avoid corporate practice of medicine and fee–splitting concerns
Education
- Boston College Law School, JD
- Haverford College, BA, English, with honors
Admissions
- North Carolina
- Illinois
Clerkships
- Law Clerk, The Honorable Robert W. Cook, Illinois Court of Appeals, Fourth Circuit
- Law Clerk, The Honorable Willis P. Whichard, North Carolina Supreme Court
Practice Areas
- Cloud Computing, Licensing, & Transactions
- Health IT
- Healthcare Compliance & Operations
- Healthcare Providers & Suppliers
- Privacy & Data Management
- Telemedicine
- HIPAA & Health Information Privacy & Security
Industries
- Fellow, American Bar Foundation
- Chambers USA: America's Leading Lawyers for Business, Healthcare – North Carolina (2016–2022)
- The Best Lawyers in America, Lawyer of the Year for Healthcare Law in Raleigh, N.C. (2020)
- The Best Lawyers in America, Healthcare (2009–2022)
- North Carolina Super Lawyers, Health Care (2014–2022), and as one of the “Top 50 Women” attorneys in North Carolina (2015)
- Triangle Business Journal’s Women in Business Award (2012)
- American Health Law Association:
- President–Elect Designate (July 2021–June 2022)
- Board of Directors (July 2015–present)
- Chair, HIT Practice Group (July 2012–June 2015); Vice Chair (July 2008–June 2012)
- Co–leader, Privacy and Security Compliance and Enforcement Affinity Group, HIT Practice Group (2006–2008)
- North Carolina Bar Association:
- Chair, Health Law Section (2012–2013)
- Health Law Section Council (2006–2009)
- Communications Committee (2002–present)
- Member, American Telemedicine Association
- Member, Health Information Management Systems Society
- North Carolina Healthcare Information and Communications Alliance, Legal Work Group (2006 – present)
- American Health Information Management Association:
- Health Information Exchange Council (2008)
- e–HIM Workgroup on HIM in Health Information Exchange (2007)
- North Carolina Society of Healthcare Attorneys:
- President (2003–2004)
- Board of Directors (2000–2007)
- Member, NC Health Information Exchange Legal and Policy Work Group (2010–2011)
- Co–Chair, Legal Work Group and Implementation Plan Work Group, North Carolina Health Information Security and Privacy Collaboration (HISPC) Project (2006–2009)
- Young Executive Committee, American Heart Association Greater Raleigh Heart Gala (2003)
Highlights from the Firm’s Idea Exchange
