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Patricia A. Markus
Partner
4140 Parklake Avenue
Suite 200
Raleigh, NC 27612
Trish Markus is a partner in Nelson Mullins Riley & Scarborough LLP’s Raleigh office with the healthcare practice group. She 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....
Trish Markus is a partner in Nelson Mullins Riley & Scarborough LLP’s Raleigh office with the healthcare practice group. She 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, responding to data breaches, meaningful use compliance and audits, clinical research and other innovative uses of data, and telemedicine. She also represents healthcare clients in reimbursement appeals, acquisitions and divestitures, and serves as regulatory counsel to several behavioral health and substance abuse treatment providers.
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, traveling, attending and watching baseball games, reading, learning about and tasting wine, and spending time with her husband, their two rabbits, and their hedgehog.
Markus regularly advises clients on HIPAA and other federal and state law privacy and security compliance, responding to data breaches, meaningful use compliance and audits, clinical research and other innovative uses of data, and telemedicine. She also represents healthcare clients in reimbursement appeals, acquisitions and divestitures, and serves as regulatory counsel to several behavioral health and substance abuse treatment providers.
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, traveling, attending and watching baseball games, reading, learning about and tasting wine, and spending time with her husband, their two rabbits, and their hedgehog.
Experience
HIPAA and Health Information Technology
- Represented clients in development of regional and enterprise-wide health information exchange organizations, including establishment of governance structures, data use agreements, privacy and security policies and procedures, and advice on operational matters
- Represented hospitals, physicians, and business associates in responding to data breaches and Office for Civil Rights investigations
- 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
- Counseled 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
- Assisted hospital systems in addressing "one patient, one record" safeguards to implement when moving to single electronic health record system to be used by all provider entities within the systems
- Assisted hospitals and physician practices in implementing electronic health record systems, including preparing privacy and security policies, crafting patient portal and remote access agreements, and preparing contracts for the donation of electronic health record technology items and services in accordance with Stark law and Anti-Kickback Statute requirements
- Prepared HIPAA/HITECH policies and procedures for hospital systems' self-insured health plans
- Reviewed and negotiated health information technology agreements, including electronic health record software contracts, cloud storage agreements, value-added reseller agreements, and clinical data registry agreements
- Counseled healthcare analytics start-up on regulatory implications of licensing de-identified health data from organizations and sub-licensing such de-identified data sets to organizations seeking large data sets
- Represented telemedicine start-up in assessing possible corporate structures and understanding resulting fraud and abuse, corporate practice of medicine, reimbursement, data privacy, data security, and operational limitations and requirements
Healthcare Corporate, Regulatory, and Licensure Matters
- Represented dozens of providers in responding to Medicare, Medicaid, and other insurer audits, recoupment and repayment demands, including Administrative Law Judge hearings
- Assisted physician practice and hospital clients in all aspects of medical practice start-ups, divestitures, and joint arrangements
- Served as local counsel to publicly traded post-acute care companies in acquisitions, refinancings, and state Medicaid enrollments and licensure issues
- Represented outpatient opioid treatment clinics in licensure, reimbursement, regulatory compliance, and operational matters, as well as acquisitions and divestitures
- Set up friendly PC management services arrangements for physicians, dentists, chiropractors, and other practitioners to avoid corporate practice of medicine and fee-splitting concerns
- Advised commonly owned clinics in several states on Affordable Care Act's "controlled group" analysis to determine whether practices are large employers subject to employer mandate
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, including establishment of governance structures, data use agreements, privacy and security policies and procedures, and advice on operational matters
- Represented hospitals, physicians, and business associates in responding to data breaches and Office for Civil Rights investigations
- 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
- Counseled 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
- Assisted hospital systems in addressing "one patient, one record" safeguards to implement when moving to single electronic health record system to be used by all provider entities within the systems
- Assisted hospitals and physician practices in implementing electronic health record systems, including preparing privacy and security policies, crafting patient portal and remote access agreements, and preparing contracts for the donation of electronic health record technology items and services in accordance with Stark law and Anti-Kickback Statute requirements
- Prepared HIPAA/HITECH policies and procedures for hospital systems' self-insured health plans
- Reviewed and negotiated health information technology agreements, including electronic health record software contracts, cloud storage agreements, value-added reseller agreements, and clinical data registry agreements
- Counseled healthcare analytics start-up on regulatory implications of licensing de-identified health data from organizations and sub-licensing such de-identified data sets to organizations seeking large data sets
- Represented telemedicine start-up in assessing possible corporate structures and understanding resulting fraud and abuse, corporate practice of medicine, reimbursement, data privacy, data security, and operational limitations and requirements
Healthcare Corporate, Regulatory, and Licensure Matters
- Represented dozens of providers in responding to Medicare, Medicaid, and other insurer audits, recoupment and repayment demands, including Administrative Law Judge hearings
- Assisted physician practice and hospital clients in all aspects of medical practice start-ups, divestitures, and joint arrangements
- Served as local counsel to publicly traded post-acute care companies in acquisitions, refinancings, and state Medicaid enrollments and licensure issues
- Represented outpatient opioid treatment clinics in licensure, reimbursement, regulatory compliance, and operational matters, as well as acquisitions and divestitures
- Set up friendly PC management services arrangements for physicians, dentists, chiropractors, and other practitioners to avoid corporate practice of medicine and fee-splitting concerns
- Advised commonly owned clinics in several states on Affordable Care Act's "controlled group" analysis to determine whether practices are large employers subject to employer mandate
Articles & Speeches
Recognitions
- Fellow, American Bar Foundation
- Chambers USA: America's Leading Lawyers for Business – Healthcare (2016, 2017)
- The Best Lawyers in America, Health Care Law (2009-2018)
- North Carolina Super Lawyers, Health Care (2014-2017), 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 is a partner in Nelson Mullins Riley & Scarborough LLP’s Raleigh office with the healthcare practice group. She 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, responding to data breaches, meaningful use compliance and audits, clinical research and other innovative uses of data, and telemedicine. She also represents healthcare clients in reimbursement appeals, acquisitions and divestitures, and serves as regulatory counsel to several behavioral health and substance abuse treatment providers.
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, traveling, attending and watching baseball games, reading, learning about and tasting wine, and spending time with her husband, their two rabbits, and their hedgehog.
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, including establishment of governance structures, data use agreements, privacy and security policies and procedures, and advice on operational matters
- Represented hospitals, physicians, and business associates in responding to data breaches and Office for Civil Rights investigations
- 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
- Counseled 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
- Assisted hospital systems in addressing "one patient, one record" safeguards to implement when moving to single electronic health record system to be used by all provider entities within the systems
- Assisted hospitals and physician practices in implementing electronic health record systems, including preparing privacy and security policies, crafting patient portal and remote access agreements, and preparing contracts for the donation of electronic health record technology items and services in accordance with Stark law and Anti-Kickback Statute requirements
- Prepared HIPAA/HITECH policies and procedures for hospital systems' self-insured health plans
- Reviewed and negotiated health information technology agreements, including electronic health record software contracts, cloud storage agreements, value-added reseller agreements, and clinical data registry agreements
- Counseled healthcare analytics start-up on regulatory implications of licensing de-identified health data from organizations and sub-licensing such de-identified data sets to organizations seeking large data sets
- Represented telemedicine start-up in assessing possible corporate structures and understanding resulting fraud and abuse, corporate practice of medicine, reimbursement, data privacy, data security, and operational limitations and requirements
Healthcare Corporate, Regulatory, and Licensure Matters
- Represented dozens of providers in responding to Medicare, Medicaid, and other insurer audits, recoupment and repayment demands, including Administrative Law Judge hearings
- Assisted physician practice and hospital clients in all aspects of medical practice start-ups, divestitures, and joint arrangements
- Served as local counsel to publicly traded post-acute care companies in acquisitions, refinancings, and state Medicaid enrollments and licensure issues
- Represented outpatient opioid treatment clinics in licensure, reimbursement, regulatory compliance, and operational matters, as well as acquisitions and divestitures
- Set up friendly PC management services arrangements for physicians, dentists, chiropractors, and other practitioners to avoid corporate practice of medicine and fee-splitting concerns
- Advised commonly owned clinics in several states on Affordable Care Act's "controlled group" analysis to determine whether practices are large employers subject to employer mandate
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, 2017)
- The Best Lawyers in America, Health Care Law (2009-2018)
- North Carolina Super Lawyers, Health Care (2014-2017), 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)
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