When Do I Need a Healthcare Attorney? Responding to an Investigation by the Virginia Department of Health Professions
When Do I Need a Healthcare Attorney? Responding to an Investigation by the Virginia Department of Health Professions

“Do I really need a healthcare attorney? The Board is simply asking me to answer some questions and provide some documentation. Of course, a Board complaint is a big deal, but this part seems harmless/easy enough. I will just respond and tell them what happened, right?” The reality is that an effective response is not as straightforward as it may seem. Hiring a healthcare attorney to assist in the preparation of your response to a complaint investigation can improve your chances of resolving the complaint at the investigation stage, incidentally saving you money in the long run.

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Corporate Healthcare LawCait Riccobonoclinician, licensure, Board, Department of Health Professions, investigation, discipline
Evolution of Cannabis Law and Regulations in Virginia
Evolution of Cannabis Law and Regulations in Virginia

On September 25, 2018, the Virginia Board of Pharmacy met in closed session for more than five hours before awarding five conditional permits to five separate companies who will likely become the first Pharmaceutical Processors of Medical Cannabis in Virginia. Following this exciting announcement, these conditional license permittees will undergo background checks and, upon satisfactory results, will begin the arduous process of creating Virginia’s first vertically integrated Medical Cannabis cultivation, manufacturing and retail facilities. The state’s program started in earnest in 2015, and due to the advocacy of Virginia patients, caregivers, legislators, and healthcare providers, expanded to its current state in just three short years.

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Corporate Healthcare LawRebecca Gwiltcannabusiness lawyer, cannabis, cannabusiness, Medical cannabis, pharmaceutical processor, board of pharmacy, marijana, medical marijuana, Healthcare innovation
Practice Agreement Requirements for Virginia Nurse Practitioners
Practice Agreement Requirements for Virginia Nurse Practitioners

In Virginia (and in many other states), NPs who do not have an autonomous practice must practice under the direct supervision of a physician as part of a patient care team, pursuant to what is called a “Practice Agreement,” or, “Collaborative Practice Agreement.” A Practice Agreement is an agreement between an NP and the NP’s supervising physician that describes the relationship between the parties, including the procedures to be followed and acts to be performed by the NP in the course of providing care to patients.

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Corporate Healthcare LawKaitlyn O'ConnorVirginia, legislation, Physicians, supervision, Nurse Practitioner, physician employment agreement, corporate practice of medicine, Healthcare corporate and transactional
MSSP Proposed Rule may mean major changes for Medicare ACOs
MSSP Proposed Rule may mean major changes for Medicare ACOs

CMS recently released a Proposed Rule suggesting significant changes to the Medicare Shared Savings Program, aimed at accelerating the path for providers participating in a Medicare ACO to take on risk for the cost and care of their patient populations. The following is a summary of key changes proposed to the MSSP.

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Care Management Services, Medicare Physician Fee ScheduleCarrie NixonMSSP, Medicare ACO, Medicare Shared Savings Program, BASIC Track, ENHANCED Track, CMS
Virginia Cannabis Industry Association Kicks Off at Legalize Virginia Festival in Norfolk
Virginia Cannabis Industry Association Kicks Off at Legalize Virginia Festival in Norfolk

In anticipation of the forthcoming issuance of Virginia’s first pharmaceutical processor licenses, the Virginia Cannabis Industry Association (VCIA) will host a launch event at O’Connor Brewing Co,’s Legalize Virginia Festival, Tuesday, September 18. VCIA’s mission is to represent Virginia medical cannabis business owners and industry stakeholders to advance legislation and bring the highest quality, safest, and most compliant medical cannabis products to consumers in the Commonwealth.

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Corporate Healthcare LawCarrie NixonVCIA, virginia cannabis, virginia marijuana, marijana, cannabis, pharmaceutical processor, virginia cannabis industry association, cannabis association
The New California Privacy Law: Why healthcare tech companies in every state need to pay attention!
The New California Privacy Law: Why healthcare tech companies in every state need to pay attention!

Many digital health technology companies have customers from multiple, or even all, states  accessing their software and services. If these health tech companies have California customers, then starting in January 2020, they may need to abide by the California Consumer Privacy Act.

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Corporate Healthcare Law, PrivacyCarrie Nixonhealth tech, health IT, privacy and security, Healthcare compliance
PRESS RELEASE: Ostendio Announces Partnership with Nixon Law Group
PRESS RELEASE: Ostendio Announces Partnership with Nixon Law Group

Ostendio, a leading provider of cybersecurity and risk management solutions, today announced that they have partnered with Nixon Law Group, a boutique healthcare law firm headquartered in Virginia, to make it easier for organizations to comply with the ever-changing healthcare privacy regulatory requirements. This partnership brings together a leading-edge software platform with top-tier healthcare attorneys to help organizations better navigate the highly regulated healthcare industry.

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Telehealth, Firm NewsRebecca GwiltTelehealth, Health IT, compliance, regulations
Virginia Medical Cannabis Update
Virginia Medical Cannabis Update

Virginia’s medical cannabis program is moving forward, with a notice of proposed regulations and a new physician registration form. However, the Board of Pharmacy, whose ad hoc committee is currently evaluating pharmaceutical processor applications, has signaled that it will not be announcing the conditional permit recipients at its August 14th meeting, as was previously expected. The 53 applicants to the Board may be looking at a delay of weeks or months.

In the meantime, physicians can begin to prepare for increased demand from Virginians for medical cannabis certifications by registering with the Board of Pharmacy using its new application form. Also, industry stakeholders have until August 22nd to comment on the proposed regulations to replace the emergency regulations adopted by the Board earlier this summer.

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Corporate Healthcare LawKaitlyn O'Connorcannabis lawyer, cannabusiness, Medical cannabis, legal marijuana, marijuana, pharmaceutical processor, board of pharmacy, virginia cannabis
2019 Medicare Physician Fee Schedule Proposed Rule: How to Get Paid MORE for Remote Patient Monitoring Services
2019 Medicare Physician Fee Schedule Proposed Rule: How to Get Paid MORE for Remote Patient Monitoring Services

With the July 12, 2018 release of its proposed Medicare Physician Fee Schedule for 2019, CMS further opened the door for use and reimbursement of Remote Patient Monitoring (or Remote Physiologic Monitoring, "RPM") services. In doing so, CMS recognizes the role that new communications technologies play in increasing patient engagement and reducing unnecessary costs.

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Medicare Physician Fee Schedule, Remote Monitoring, TelehealthCarrie Nixon2019 Medicare Physician Fee Schedule, Remote Patient Monitoring, Remote Monitoring, Telehealth, Reimbursement
How Can My Startup Get the IRS and State Department of Taxation to Help Pay for My R&D?
How Can My Startup Get the IRS and State Department of Taxation to Help Pay for My R&D?

Act Fast – State deadline is July 1st!

Tax credits are a great way to increase cash flow for your business, and it may come as a surprise to many that millions of dollars go unclaimed each year.

If you’re a high growth start-up or early stage business engaging in research and development (R&D), you’re likely leaving State and Federal money on the table. Continue reading to see if you qualify for tax credits to help you propel your business. 

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Corporate Healthcare LawRebecca Gwilttaxes, startup, federal r&d credit, virginia r&d credit, Healthcare innovation Comment
Can Nurse Practitioners Run Their Own Practices in Virginia?
Can Nurse Practitioners Run Their Own Practices in Virginia?

In April 2018, Governor Ralph Northam signed House Bill 793, which will allow Virginia nurse practitioners (NPs) with the equivalent of five years of full-time practice with a collaborating physician to be certified to practice independently.  What does this mean for NPs in Virginia? Practically speaking, if a nurse practitioner meets the qualifications and makes the appropriate filings with the Board of Nursing, he or she can open up an independent practice to provide care in their community. This change aligns Virginia law with more than twenty other states across the country in adopting full practice authority and is expected to expand access to affordable primary care to thousands of Virginians. 

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Corporate Healthcare LawKatherine Bain, Esq.Nurse Practitioner, full practice authority, independent practice, nurses, collaborating physician, patient care team
Do I really need a Healthcare Lawyer?
Do I really need a Healthcare Lawyer?

Healthcare has now surpassed nuclear power and financial services as the most highly regulated industry in the U.S. - and for good reason. The health, safety, and privacy of individual patients and the public at large is at stake.

For better or for worse, there exists a complex web of local, state, and federal laws and regulations that govern the businesses of healthcare providers and healthcare companies - from patient safety and privacy protections, to corporate transactions and contractual relationships. Navigating this complicated landscape requires a deep understanding of the risks and opportunities inherent in the healthcare industry—namely, it requires an experienced healthcare attorney. 

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Corporate Healthcare LawCarrie Nixonhealthcare lawyer, healthcare attorney, healthcare provider, healthcare vendor, fraud and abuse, HIPAA, PHI, GDPR, privacy and security, corporate practice of medicine
What do I need to know about GDPR?
What do I need to know about GDPR?

Beginning on May 25, 2018, HIPAA won’t be the only healthcare data security standard with which U.S. companies have to comply. Medical practices, digital healthcare companies, and vendors (e.g., electronic health records companies, medical billing companies, and cloud services companies) that do business in the healthcare sector and collect data from European citizens will be required to comply with the new EU General Data Protection Regulation (the “GDPR”). A recent Reuters article called the implementation of these regulations “the biggest overhaul of online privacy since the birth of the internet.”

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Privacy, Corporate Healthcare LawKatherine Bain, Esq.HIPAA, GDPR