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August 9, 2018
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Patricia A. Markus
Partner
4140 Parklake Avenue
Suite 200
Raleigh, NC 27612
Trish Markus 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. Ms. Markus regularly advises clients on HIPAA and other federal and state law privacy and security compliance, health information...
Trish Markus 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. Ms. Markus regularly advises clients on HIPAA and other federal and state law privacy and security compliance, health information exchange initiatives, telehealth strategies, technology agreements, preparing for and responding to data breaches, and clinical research and other innovative uses of data. She also counsels clients on fraud and abuse issues, hospital-physician affiliations, value-based payment initiatives, and reimbursement appeals, and she serves as regulatory counsel to several behavioral health and substance abuse treatment providers. She is a frequent contributor to Healthcare Essentials, Nelson Mullins’ Healthcare Practice Group blog, and she 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.
exchange initiatives, telehealth strategies, technology agreements, preparing for and responding to data breaches, and clinical research and other innovative uses of data. She also counsels clients on fraud and abuse issues, hospital-physician affiliations, value-based payment initiatives, and reimbursement appeals, and she serves as regulatory counsel to several behavioral health and substance abuse treatment providers. She is a frequent contributor to Healthcare Essentials, Nelson Mullins’ Healthcare Practice Group blog, and she 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
- 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, reimbursement, data privacy, data security, and operational limitations and requirements
- Assisted client in preparing multistate analysis of corporate practice of medicine and fee splitting laws, physician licensure requirements, and availably payment for services provided through telemedicine technologies
- Assisted hospital systems and medical practices in negotiating and licensing agreements for Epic and other electronic health record software systems, in extending hospitals’ EHR licenses with subsidies 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, crafting patient portal and remote access agreements, preparing contracts for donation of EHR technology items and services in accordance with Stark law and Anti-Kickback Statute requirements, and preparing policies and processes for BYOD and secure texting
- Prepared turnkey set of HIPAA privacy, security, and breach notification policies, procedures, and forms for hospitals, physician practices, post-acute care facilities, and hospital systems' self-insured health plans, including multistate HIPAA preemption analysis
- 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 agreements to offer value-added services to association members
- 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
- 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
- Assisted multi-hospital system in responding to post-payment Meaningful Use Stage 1 audits and in preparing for compliance with Meaningful Use Stage 2 requirements
Healthcare Corporate, Regulatory, and Licensure Matters
- 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, and 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
- 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, reimbursement, data privacy, data security, and operational limitations and requirements
- Assisted client in preparing multistate analysis of corporate practice of medicine and fee splitting laws, physician licensure requirements, and availably payment for services provided through telemedicine technologies
- Assisted hospital systems and medical practices in negotiating and licensing agreements for Epic and other electronic health record software systems, in extending hospitals’ EHR licenses with subsidies 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, crafting patient portal and remote access agreements, preparing contracts for donation of EHR technology items and services in accordance with Stark law and Anti-Kickback Statute requirements, and preparing policies and processes for BYOD and secure texting
- Prepared turnkey set of HIPAA privacy, security, and breach notification policies, procedures, and forms for hospitals, physician practices, post-acute care facilities, and hospital systems' self-insured health plans, including multistate HIPAA preemption analysis
- 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 agreements to offer value-added services to association members
- 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
- 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
- Assisted multi-hospital system in responding to post-payment Meaningful Use Stage 1 audits and in preparing for compliance with Meaningful Use Stage 2 requirements
Healthcare Corporate, Regulatory, and Licensure Matters
- 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, and 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
Articles & Speeches
Recognitions
- Fellow, American Bar Foundation
- Chambers USA: America's Leading Lawyers for Business – Healthcare (2016-2018)
- The Best Lawyers in America, Health Care Law (2009-2018)
- North Carolina Super Lawyers, Health Care (2014-2018), 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 Lawyers Association:
- 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 Markus 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. Ms. Markus regularly advises clients on HIPAA and other federal and state law privacy and security compliance, health information... exchange initiatives, telehealth strategies, technology agreements, preparing for and responding to data breaches, and clinical research and other innovative uses of data. She also counsels clients on fraud and abuse issues, hospital-physician affiliations, value-based payment initiatives, and reimbursement appeals, and she serves as regulatory counsel to several behavioral health and substance abuse treatment providers. She is a frequent contributor to Healthcare Essentials, Nelson Mullins’ Healthcare Practice Group blog, and she 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
- 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, reimbursement, data privacy, data security, and operational limitations and requirements
- Assisted client in preparing multistate analysis of corporate practice of medicine and fee splitting laws, physician licensure requirements, and availably payment for services provided through telemedicine technologies
- Assisted hospital systems and medical practices in negotiating and licensing agreements for Epic and other electronic health record software systems, in extending hospitals’ EHR licenses with subsidies 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, crafting patient portal and remote access agreements, preparing contracts for donation of EHR technology items and services in accordance with Stark law and Anti-Kickback Statute requirements, and preparing policies and processes for BYOD and secure texting
- Prepared turnkey set of HIPAA privacy, security, and breach notification policies, procedures, and forms for hospitals, physician practices, post-acute care facilities, and hospital systems' self-insured health plans, including multistate HIPAA preemption analysis
- 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 agreements to offer value-added services to association members
- 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
- 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
- Assisted multi-hospital system in responding to post-payment Meaningful Use Stage 1 audits and in preparing for compliance with Meaningful Use Stage 2 requirements
Healthcare Corporate, Regulatory, and Licensure Matters
- 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, and 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
- Cybersecurity & Data Breach Response
- Health IT
- Healthcare Compliance & Operations
- Healthcare Government Investigations & Litigation
- Healthcare Providers & Suppliers
- Healthcare Transactions
- Privacy & Data Management
Industries
- Fellow, American Bar Foundation
- Chambers USA: America's Leading Lawyers for Business – Healthcare (2016-2018)
- The Best Lawyers in America, Health Care Law (2009-2018)
- North Carolina Super Lawyers, Health Care (2014-2018), and as one of the “Top 50 Women” attorneys in North Carolina (2015)
- Triangle Business Journal’s Women in Business Award (2012)
- American Health Lawyers Association:
- 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
