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Erin S. Whaley

Associate

Richmond
Business Phone: 804.697.1389
Business Fax: 804.698.6065

erin.whaley@troutmansanders.com

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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

Emergency and Disaster Preparedness and Response

­Assisted as Special Counsel for Emergency Preparedness and Response for the Virginia Office of Attorney General

­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”

­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 Experienced in the design and implementation of compliance programs as well as the investigation and resolution of compliance issues

Health Information Technology

­Advise a regional health information exchange on a variety of issues

­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

Publications
­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, Critical Resource Shortages: A Planning Guide for Healthcare Providers, Version 2.0 (June 2008).

­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

Work Experience
Associate, Troutman Sanders LLP, 2004-present

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Education

  • University of Virginia, J.D., 2004
    Member, Virginia Law Women
    Editor, Virginia Journal of Social Policy and the Law
  • University of Virginia, M.A., 2004
  • University of Virginia, B.A., 2001


Bar Admissions

  • 2004 Virginia


Memberships

  • American Health Lawyers Association
  • American Bar Association, Health Law Section
  • Virginia State Bar Health Law Section
  • Virginia Bar Association