Erin is an attorney with Troutman Sanders LLP in Richmond, VA in the Health Care Practice Group. She represents hospitals and other health care providers in the full spectrum of health care legal issues and has co-authored many publications on health care related topics. Her corporate and regulatory experience includes advising providers on healthcare operational regulatory issues including Stark, Anti-Kickback and HIPAA; corporate issues such as physician contracting and joint venture opportunities; and compliance issues including the design and implementation of compliance programs as well as the investigation and resolution of compliance issues. Her health information technology experience includes assisting with the development of health information exchanges (HIEs) and advising these organizations on: (i) legal structure; (ii) governance; (iii) privacy and security frameworks; (iv) operational policies and procedures; (v) breach notification; and (vi) data exchange agreements. Erin assisted in drafting the Data Use and Reciprocal Support Agreement (DURSA) for the Nationwide Health Information Network (NwHIN) and provides expert advice to clients on e-health issues including HIPAA Privacy and Security, Health Information Technology for Economic and Clinical Health Act (HITECH), the development of electronic health record donation programs, and “meaningful use.”
Representative Experience
Represented hospitals and other health care providers in full spectrum of health care legal issues:
Corporate and Regulatory Experience
Represented numerous hospital systems in significant Certificate of Public Need cases.
Advised providers on healthcare operational regulatory issues, from licensure to Stark and Anti-Kickback to compliance with the Red Flags Rule.
Client counseling on risk management issues, such as patient consent and medical records retention.
Counsel physicians on the establishment of concierge medical practices.
Assist with mergers and acquisitions of various types of healthcare providers as counsel to buyers, sellers and lenders.
Assist clients with maintenance of corporate records, including bylaws, buy-sell agreements and physician employment agreements.
Experienced in the design and implementation of compliance programs as well as the investigation and resolution of compliance issues.
Health Information Technology
Assist with the development of Health Information Exchanges including advising on the following:
Advise clients on e-health issues including HIPAA Privacy and Security, FISMA, ARRA and HITECH.
Assisted in drafting the Data Use and Reciprocal Support Agreement for the Nationwide Health Information Network.
Create Electronic Health Records donation programs for hospitals to facilitate donation of software to community physicians.
Emergency and Disaster Preparedness and Response
Co-Author of comprehensive whitepapers on key emergency preparedness issues for health care providers related to :
Managed and co-facilitated a year long CDC grant project implementing the “Critical Resource Shortages: A Planning Guide for Healthcare Providers” at Sentara Norfolk General Hospital, which resulted in a revised “Critical Resource Shortage Planning Guide,” a “Critical Resource Shortage Implementation Guide” and a set of Implementation Resources.
Support and co-facilitate multiple complex workgroups on legal and policy issues related to emergency preparedness and response including H1N1.
Achieved significant amendment to the Virginia State Government Volunteers Act to protect Medical Reserve Corp volunteers and passage of new legislation providing protection to healthcare providers who provide services in the face of resource shortages during a declared emergency.
Advised critical infrastructure clients on issues related to emergency and disaster preparedness and response.
Co-Authored “Critical Resource Shortages: A Planning Guide for Healthcare Providers”.
Publications
Co-author, MD News, "The Role of EHRs in Accountable Care Organizations," (July/August 2011).
Co-author, Troutman Sanders LLP. "Critical Resource Shortages: A Planning Guide." (September 2009).
Co-author, Troutman Sanders Healthcare Practice Group, Continuity of Operations: Financial Sustainability For Healthcare Facilities In Disasters (July 2009).
Co-author, Gravely, Steven D., The Next Step in Health Data Exchanges: Trust and Privacy in Exchange Networks, Journal of Healthcare Information Management, Spring 2009.
Co-author, Troutman Sanders Healthcare Practice Group, EMTALA Compliance In Disaster Circumstances (March 2007).
Co-author, Troutman Sanders Healthcare Practice Group, Sharing Information During Disasters: HIPAA Implications (April 2007).
Co-author, Gravely, Steven D., Emergency Preparedness and Response: Legal Issues in a Changing World, The Health Lawyer, June 2005.
Co-author, Gravely, Steven D., Emergency Preparedness and Response: Legal Issues for In-House Counsel, In-House Counselor, May 2005.
Co-author, Gravely, Steven D., A Patchwork Of Protection: Sources Of Volunteer Immunity For Medical & Public Health Volunteers, Health Lawyers Weekly, April 8, 2005.
Co-author, Gravely, Steven D., Are Doctors At Risk When They Do the Right Thing? Virginia Medical Law Report, March 2005.
Public Service
Editor, Virginia Law Women
Judge, University of Virginia Judiciary Committee
Virginia State Bar 10th Circuit Representative
Virginia State Bar – Chair Wills for Heroes