In The News

Bone McAllester Norton is proud to announce 17 of our attorneys have been recognized by The Best Lawyers in America© 2019

The Best Lawyers in America© 2019 recognized 17 Bonelaw attorneys in 25 distinct practice areas to be leading attorneys in their fields. For more than 30 years, Best Lawyers® has identified the leading attorneys and law firms in the United States and 70 countries worldwide. Best Lawyers has become one of the most widely trusted resources to locate attorneys with, “exceptional talent in an area of practice” (Best Lawyers). The methodology behind Best Lawyers’ selection is based upon an extensive peer review process because “Best Lawyers believes that the best lawyers know who the best lawyers are” (Best Lawyers).

Bone McAllester Norton is proud of the continued recognition our attorneys receive for providing excellent legal services. A complete list of recognized attorneys and respective practice areas is listed below:

Anne Sumpter Arney
  • Business Organizations (including LLCs and Partnerships)
  • Closely Held Companies and Family Businesses Law
  • Health Care Law
Trace Blankenship
  • Banking and Finance Law
  • Mergers and Acquisitions Law
  • Nonprofit / Charities Law
Charles Robert Bone
  • Administrative / Regulatory
  • Law Business Organizations (including LLCs and Partnerships)
  • Personal Injury Litigation-Plaintiffs 
Charles W. Bone 
  • Administrative / Regulatory Law
John P. Branham
  • Personal Injury Litigation-Plaintiffs 
Glen A. Civitts
  • Corporate Law
  • Health Care Law
  • Mergers and Acquisitions Law
  • Real Estate Law,
  • Securitization and Structured Finance Law
William J. Haynes III
  • Employment Law- Individuals
Sharon O. Jacobs
  • Environmental Law
Paul W. Kruse
  • Copyright Law
  • Trademark Law
Anne C. Martin
  • Employment Law - Individuals
  • Employment
  • Law - 
  • Management
  • Litigation-L
  • abor and Employment
Sam J. McAllester III
  • Banking and Finance Law
  • Bankruptcy and Creditor Debtor Rights/ Insolvency and Reorganization law
Robert G. McDowell
  • Administrative / Regulatory Law
  • Arbitration Mediation
Andrea P. Perry
  • Real Estate Law
 Christopher Raybeck
  • Banking and Finance Law
Jack F. Stringham II
  • Banking and Finance Law
  • Real Estate Law
Edward M. Yarbrough
  • Criminal Defense: General Practic
  • Criminal Defense: White-Collar
  • DUI/DWI Defense
Stephen J. Zralek
  • Commercial Litigation
  • Copyright Law
  • Litigation- Intellectual Property

Notice to Patients on Departing a Practice

Notice to Patients on Departing a Practice - Healthcare Law

Most physician employment agreements prohibit them from soliciting patients if they leave the practice. Although similar, this obligation is separate from any covenant of non-competition. A non-solicitation provision typically prohibits a physician from trying to influence the patients he treated at his former practice to follow up to his new practice location. From a business standpoint, this covenant can be very important to both parties if a physician is relocating to a practice that is in a close enough geographic area that patients would have no difficulty changing to the new location.

A restriction on patient solicitation may be in the best interest of a physician’s former practice, it may not be in the best interest of a patient. The Tennessee Board of Medical Examiners have recognized the potential harm and have adopted rules that require a patient be notified when his physician leaves the practice whether or not the departing physician is contractually obligated not to contact his former patients. According to Tennessee Rule 0080-2-.15 the responsibility of notifying the patients of a physician who leaves a group practice should be governed by the physician’s employment agreement and any patient who has seen the departing physician for more than 2 office visits in the preceding 18 months must be notified.

Unless the employment agreement provides otherwise, the patients shall be notified of the physician’s new address and offered the opportunity to have their medical records forwarded to the departing physicians. Often a physician’s employment agreement will be silent on whose responsibility it is to notify patients. Whether or not the employment agreement includes a nonsolicitation provision, it is clear that the rules intend for the patient to be notified of his physician’s departure. If the employment agreement is silent on the responsibility of notification but includes a restriction on solicitation, arguable the practice could notify the patient that a physician has left but not incl ude his new practice information. If the practice does not notify the patient of their doctor’s departure, the physician may have an obligation to do so.

It is best for both the practice and the employed physician to address the notification of patients in the employment agreement and avoid any confusion on what is required and what is not when a physician leaves.

Five Bone McAllester Norton Attorneys Selected Best of the Bar by the Nashville Business Journal

We are honored to announce five Bone McAllester Norton attorneys were selected to the Nashville Business Journal’s Best of the Bar class of 2018. On June 26, Anne Sumpter Arney, Trace Blankenship, Anne C. Martin, Andrea P. Perry, and Stephen Zralek were recognized as some of Nashville’s top legal minds and corporate counsel.

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Bone McAllester Norton Attorneys Recognized as Healthcare Leaders

In January’s Nashville Medical News magazine, “2018 In Charge Health Care,” Bone McAllester Norton attorneys Anne Sumpter Arney and Stacey Garrett Koju are recognized as leaders – “leaders who keep Music City’s $84 billion healthcare industry humming along.”

Anne Sumpter Arney Attorney at Bone McAllester Norton Professional indexAnne Sumpter ArneyWith over 30 years of experience, Anne Arney continues to work with healthcare companies and medical professionals on a wide variety of legal matters. She advises her healthcare clients on business law and transactional issues, as well as assisting them in navigating ever-changing healthcare laws and regulations. Anne regularly counsels both healthcare and non-healthcare entrepreneurs who are seeking to start, grow, operate, and sell their businesses. She publishes the “Physicians’ Legal Update” newsletter to help her clients stayed informed on legal matters.

Stacey Garrett Koju Attorney at Bone McAllester Norton Professional indexStacey Garrett KojuStacey Garrett Koju is a founding member of Bone McAllester Norton PLLC and serves as the chair of the firm’s board of directors. Stacey concentrates her practice in the areas of healthcare, higher education, labor and employment, and corporate transactions. Stacey’s clients include physicians, medical practice groups, and other healthcare entities. She is currently a board member of Abe’s Garden, National Museum of African American Music, and Catholic Charities of Tennessee, Inc., and also serves as chair of Leadership Tennessee’s Advisory Council.

We are grateful for the hard work and service Anne Arney and Stacey Koju provide to Bone McAllester Norton and the Nashville community.

Learn more - Bone Law - Healthcare Law

U.S News - Best Lawyers Names Bone McAllester Norton Among the Best in Over 20 Practice Areas

Bone McAllester Norton continues to earn top recognition in the 2018 edition of U.S. News – Best Lawyers “Best Law Firm” rankings—a comprehensive survey of America’s top law firms—with 22 overall practice rankings. Bonelaw added new rankings including Commercial Litigation and Litigation – Intellectual Property. The survey also resulted in 16 individual rankings for Bonelaw attorneys, 11 of those ranked in more than one practice area.

Practice rankings include: 

  • Administrative / Regulatory Law
  • Banking and Finance Law
  • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
  • Business Organizations (including LLCs and Partnerships)
  • Commercial Litigation
  • Copyright Law
  • Corporate Law
  • Criminal Defense: General Practice
  • Criminal Defense: White-Collar
  • DUI/DWI Defense
  • Employment Law – Individuals
  • Employment Law – Management
  • Environmental Law
  • Health Care Law
  • Litigation – Intellectual Property
  • Litigation - Labor & Employment
  • Mergers & Acquisitions Law
  • Non-Profit/Charities Law
  • Personal Injury Litigation – Plaintiffs
  • Real Estate Law
  • Securitization and Structured Finance Law
  • Trademark Law

The U.S.News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process.

Bone McAllester Norton is also pleased to announce Anne C. Martin was named Best Lawyers© “Lawyer of the Year” for Litigation – Labor and Employment. Anne Martin has been a member of Best Lawyers since 2007 and a “Lawyer of the Year” since 2013. Only one attorney in the Nashville area is named “Lawyer of the Year” for Labor and Employment. Anne advocates for employees wrongly treated by employers and also advises employers how to comply with complex federal and state employment laws.

“We are pleased to have so many of our attorneys named to Best Lawyers in their areas of practice” said Charles W. Bone, Chairman, Bone McAllester Norton.

Best Lawyers is the oldest and most respected peer-review publication in the legal profession. The attorneys included in the 2018 The Best Lawyers in America list are:

Anne Sumpter Arney
  • Business Organizations (including LLCs and Partnerships) 
  • Closely Held Companies and Family Businesses Law
  • Health Care Law
Trace Blankenship
  • Banking and Finance Law
  • Mergers and Acquisitions Law
  • Non-Profit / Charities Law
Charles Robert Bone
  • Administrative / Regulatory Law
  • Business Organizations (including LLCs and Partnerships)
  • Personal Injury Litigation - Plaintiffs
Charles W. Bone
  • Administrative / Regulatory Law
John P. Branham
  • Personal Injury Litigation - Plaintiffs
William T. Cheek III
  • Food and Beverage Law
  • Non-Profit / Charities Law
Glen A. Civitts
  • Corporate Law
  • Healthcare Law
  • Mergers and Acquisitions Law
  • Real Estate Law
  • Securitization and Structured Finance Law
William J. Haynes III
  • Employment Law - Individuals
Sharon O. Jacobs
  • Environmental Law
Paul W. Kruse
  • Copyright Law
  • Trademark Law
Anne C. Martin
Best Lawyers© Lawyer of the Year 2018
  • Employment Law – Individuals
  • Employment Law – Management
  • Litigation – Labor and Employment
Sam J. McAllester III
  • Banking and Finance Law
  • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Christopher Raybeck
  • Banking and Finance Law
Jack F. Stringham II
  • Banking and Finance Law
  • Real Estate Law
Edward M. Yarbrough
  • Criminal Defense: General Practice
  • Criminal Defense: White-Collar
  • DUI/DWI Defense
Stephen J. Zralek
  • Commercial Litigation
  • Copyright Law
  • Litigation – Intellectual Property

Best-Lawyers-Logo

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Over 83,000 leading attorneys globally are eligible to vote, and we have received more than 13 million votes to date on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2018 Edition of The Best Lawyers in America, 7.3 million votes were analyzed, which resulted in almost 55,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.

Women's Equality Day

President Barack Obama designated an historic home of the U.S. women's Suffrage movement as a national monument.  He said he looks forward to a time when girls are astonished that a female had never occupied the Oval Office.  AP (April 12)

All American women vote because 48 states ratified the 19th Amendment to the Constitution.

Today a group of Bone McAllester Norton attorneys went to Centennial Park to celebrate "Women's Equality Day."  A monument to the suffragists' victory was unveiled in Centennial Park this morning.  It was sculpted by Nashville's own Alan LeQuire and features women who were actually in Nashville at the time the bill was effecting this monumental change.

The event was attended by several dignitaries including the mayors from Nashville, Knoxville, Clarksville and Memphis.

L to R: Andrea Perry, Mandy Floyd, Susan Neal Williams, Anne Sumpter Arney, Anne Martin, Sheri Jacobs and Raquel BellamyL to R: Andrea Perry, Mandy Floyd, Susan Neal Williams, Anne Sumpter Arney, Anne Martin, Sheri Jacobs and Raquel Bellamy 

Four BoneLaw Attorneys top the Nashville Business Journal's Best of the Bar List

We are honored to share that four of our attorneys have been selected to Nashville's Best of the Bar list, published by the Nashville Business Journal.    The process for determining the list this year has changed.  First, lawyers were grouped into categories by areas of practice not firm size and secondly the voting weight was distributed more heavily among voters outside the nominee's own firm.

Our own Best of the Bar lawyers are:

Corporate & Securities

Healthcare

Intellectual Property

The attorneys who made the Best of the Bar list will be recognized at a cocktail reception on June 2.  Congratulations to all the attorneys!

To see the entire list published in the Nashville Business Journal, click here.

Anne Arney SumpterAnne Arney Sumpter

Charles Robert Bone - Bonelaw President and CEOCharles Robert Bone

Andrea Perry - Bone LawAndrea PerryStephen Zralek; Bone McAllester NortonStephen Zralek

Bone McAllester Norton attorneys Anne Sumpter Arney and Stacey Garrett Koju named to Nashville Medical News InCharge Healthcare 2016

Bone McAllester Norton attorneys Anne Sumpter Arney and Stacey Garrett Koju have been named to the 2016 Nashville Medical News InCharge Healthcare list.  This list includes a wealth of impressive leaders impacting the education and training of the next generation of providers.

These leaders across the healthcare spectrum are working together to incite positive change in the medical community.  Thank you and congratulations!

http://issuu.com/southcomm/docs/nmn_dec15_

Bone McAllester Norton PLLC is a full-service law firm with 40 attorneys and offices in Nashville, Sumner and Williamson counties, Tennessee. Our attorneys focus on 18 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

 

 

Five Bone McAllester Norton Attorneys Selected to Nashville Business Journal’s Best of the Bar

Congratulations are in order to five Bone McAllester Norton attorneys, who have been selected to the Nashville Business Journal’s “Best of the Bar” list, announced today: Anne Sumpter Arney, William T. Cheek, Anne C. Martin, Andrea P. Perry and Stephen J. Zralek.

The publication solicited nominees in three size categories, plus a corporate counsel category, and nominees voted on each other, determining the final selection of 85 attorneys.

They will be recognized in the June 19 print edition.

Click here to read more.

 

 

Bone McAllester Norton PLLC is a full-service law firm with 39 attorneys and offices in Nashville, Sumner and Williamson counties, Tennessee. Our attorneys focus on 18 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Anne Sumpter Arney Recommends Talking to Five Specific People Before Starting Your Business

Bone McAllester Norton attorney Anne Sumpter Arney talked to Bplans this week, outlining the five people most important for any entrepreneur to talk to before starting a business. She says those people include your spouse, a lawyer, an accountant, a trusted adviser or business coach and a banker. “The smart way to start a business is with as much information as possible. By talking to these five people, you’ll start your business on solid footing,” she said.

Click here to read the full article.

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Anne Sumpter Arney Chosen as a “Health Care Hero” by the Nashville Business Journal

Congratulations to Bone McAllester Norton attorney Anne Sumpter Arney, who was today named by the Nashville Business Journal as a “Health Care Hero” for 2014. The award is in the “Health Care Professional Services” category. The eighth annual Health Care Heroes awards honor the leaders, innovators and strategists whose work helps grow the region’s healthcare industry.

A third-generation lawyer and active community leader, Anne leads the Healthcare Law practice group at Bonelaw, focusing her efforts on legal issues that affect non-hospital and non-insurance healthcare providers.

Anne and the 30 other winners, will be honored at an awards luncheon on June 6 at the Loews Vanderbilt Hotel.

Click here to read more.

 

Bone McAllester Norton PLLC is a full-service law firm with 37 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Anne Sumpter Arney Chosen as Nashville Medical News “Women to Watch”

Congratulations to Bone McAllester Norton attorney Anne Sumpter Arney, who was chosen as a Nashville Medical News “Women to Watch” in their 2014 list. Anne is among nine other women chosen for the strides they have made in Middle Tennessee’s health sector. A third-generation lawyer and active community leader, she leads the Healthcare Law practice group at Bonelaw, focusing her efforts on legal issues that affect non-hospital and non-insurance healthcare providers.

Anne will be honored at an awards breakfast on Wednesday, April 30 at the Noah Liff Opera Center.

Click here to read more.

Bone McAllester Norton PLLC is a full-service law firm with 37 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Anne Sumpter Arney Talked about the Latest in HIPAA/HITECH Compliance at the Equal Justice University

Bone McAllester Norton attorney Anne Sumpter Arney participated in the Class of 2013 Equal Justice University on Wednesday, Oct. 9. Her presentation “HIPAA/HITECH Compliance” addressed what healthcare practices need to know about the latest developments in these two areas. She covered the basics of HIPAA and HITECH, how these two acts apply to clients, how they impact practices and new regulations on the horizon, as well as the Privacy and Security Rules. Attendees left with a summary of these changes and the knowledge of what is needed to ensure compliance.

Anne is the leader of the firm’s Healthcare Law attorneys and has a broad range of experience in assisting clients with their regulatory, operational, transactional and litigation matters.

 

Bone McAllester Norton PLLC is a full-service law firm with 36 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Join Us for Blow Up! An Entrepreneur-Focused Panel Discussion

Bone McAllester Norton attorney Anne Sumpter Arney will serve as a panelist in the Nashville Business Journal's upcoming Entrepreneur Exchange discussion and speed mentoring, scheduled for Thursday, October 10.


If you are an entrepreneur--or have dreams of being one--we hope you can join us for this event!

Click here to read more.

 

Anne Sumpter Arney will Serve as a Panelist at Entrepreneur Exchange, Sponsored by the Nashville Business Journal

Bone McAllester Norton attorney Anne Sumpter Arney will serve as a panelist at the Nashville Business Journal’s upcoming Entrepreneur Exchange discussion and speed mentoring, scheduled for Thursday, October 10. During “Blow Up! When Is It Time to Expand.  . .or Exit?,” panelists will discuss lessons learned from managing explosive growth; changing the business model to avoid company failure; and deciding when it is time to close. Joining Arney will be Darrell Freeman, founder and CEO of Zycron; Cordia Harrington, CEO, The Bun Company; Nick Holland, founder & CEO of Populr.me; Curt Revelette, CEO & partner of Maristone Living and Jonathan’s Grille; Saurabh Sinha, president and CEO of Emids; and Shannon Terry, CEO of 247 Sports & Rivals.com.

The event takes place from 7:30 to 9:30 a.m. at the Loews Vanderbilt Hotel. Bone McAllester Norton is proud to be the presenting sponsor.

Arney has more than 30 years of experience working with many of Nashville’s entrepreneurs on how to start, grow, operate and sell their businesses. She advises her clients, both healthcare-related and non-healthcare-related, on business law and transactional issues, as well as assisting them in navigating ever changing healthcare laws and regulations.

 

 

Bone McAllester Norton PLLC is a full-service law firm with 36 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

September 23 HIPAA Omnibus Final Rule Compliance Date Nears

By Anne Sumpter Arney

Earlier this year, the government published the final regulations (the “Final Rule”) implementing modifications of the rules under the Health Insurance Portability and Accountability Act (HIPAA) and provisions which were enacted in the Health Information Technology for Economic and Clinical Heath Act (HITECH). With the September 23 Final Rule compliance date looming, medical professionals and institutions need to ensure they understand the modifications to their HIPAA obligations and take all necessary steps to review and update their compliance. The following areas are among those that have been modified by the Final Rule: the definition of business associate; the required terms in the business associate agreement; a patient’s right to access his protected health information (PHI); a patient’s right to restrict disclosures of PHI; the rules governing security breach notifications; required information in the notice of privacy practices; the disclosure and use of PHI in marketing, sales or fundraising activities; and enforcement.

The Final Rule expands the definition of business associate. A business associate now also includes personal health record vendors, patient safety organizations and certain subcontractors of a business associate and others who maintain and store PHI. The Final Rule also requires some modification of business associate agreements to include additional obligations.

The Final Rule expands individual rights in several important ways. Patients can now request their medical records in electronic format, which must be produced electronically within 30 days, if the records are readily producible. There are also new rights for a patient to restrict certain disclosures of PHI to a health plan where the individual, a family member or other person pays out of pocket in full for the healthcare service or item. The Final Rule also changes how PHI can be used and disclosed for marketing and fundraising purposes and now explicitly prohibits the sale of PHI without an authorization.

The rules governing breach notification obligations have been amended. Under the Final Rule, any unauthorized access, use or disclosure is now presumed to be a breach unless the covered entity determines there is a low probability the PHI has been compromised. The standard used for risk assessment has been changed from a risk of harm to risk of compromise standard. There are four specific factors that must be considered in making the risk assessment. Further, the limited data set exception has been abolished by the Final Rule.

In the area of enforcement, the Final Rule increases penalties for noncompliance based on a tiered level of negligence for violations occurring after February 18, 2009. The maximum potential penalty is $1.5 million per violation.

The Notice of Privacy Practices must be updated to reflect the changes in the Final Rule, including those related to breach notification, disclosures and marketing of PHI.

Although several of the changes required by September 23 have been briefly summarized here, this is just an overview of the Final Rule and should not be relied upon except as a reminder to review and update your compliance obligations under HIPAA. For assistance in implementing these changes or for additional information on how these changes may affect your practice, please contact one of the attorneys in the Healthcare Practice Group at Bone McAllester Norton.

 

Summer 2013 Newsletter Features Best of the Bar, Most Powerful Women, HIPAA Updates, Office Renovations and More

It's summertime, but that doesn't mean we are slowing down! From "Best of the Bar" and "Most Powerful Women" to board appointments, a new attorney and timely updates on helping our clients navigate HIPAA and HR regulations, Bonelaw has plenty to share.

Click here to read our latest newsletter.

Anne Sumpter Arney Discusses the High Cost of Failing to Comply with HIPAA with Nashville Medical News

Bone McAllester Norton attorney Anne Sumpter Arney wrote an article for Nashville Medical News about new regulations for HIPAA compliance, set to take effect in September. The piece, “The High Cost of Failing to Comply with HIPAA,” outlines common violations and advice for making sure providers mitigate risks.

 

 

Bone McAllester Norton PLLC is a full-service law firm with 33 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 16 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters.  Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

 

March 2013 Physicians' Legal Update

Bone McAllester Norton's Anne Sumpter Arney discusses a whistleblower suit against a hospital being rejected from district court as well as a new HIPPA rule that requires changes of notice to privacy practices

Click here to read the newsletter.

Special Fraud Alert on Physician-Owned Distributorships

On March 24, 2013, the Office of the Inspector General (“OIG”) issued a Special Fraud Alert addressing its concern about the proliferation of physician-owned distributorships (PODS). PODs are physician-owned entities that derive revenue from selling, or arranging for the sale of, implantable medical devices ordered by their physician-owners for use in procedures the physician-owners perform on their own patients at hospitals or ambulatory surgical centers (ASCs). During the last several years, there has been a lot of discussion in the healthcare community about whether or not PODs violate the Anti-Kickback Statue, but until now, there has been little guidance from either CMS or the OIG.

In the Special Fraud Alert, the OIG reiterates its longstanding position that “the opportunity for a referring physician to earn a profit, including through an investment in an entity for which he or she generates business, could constitute illegal remuneration under the anti-kickback statute.” In addition, the OIG concludes that PODs are “inherently suspect under the anti-kickback statute.” The Special Fraud Alert provides a list of characteristics making any POD suspect which leaves open the possibility that a POD without any of the listed characteristics would not violate Anti-Kickback Statute.

The listed characteristics are all familiar red flags which have been cited many times by the OIG as indicative of a potentially abusive physician investment or arrangement. Although the OIG does not go so far as to make PODs a per se violation of the Anti-Kickback statute, the language of the Special Fraud Alert is strong. The OIG restates its longstanding guidance “that the opportunity for a referring physician to earn a profit, including through an investment in an entity for which he or she generates business, could constitute illegal remuneration under the Anti-Kickback Statute. The Anti-Kickback Statute is violated if even one purpose of the remuneration is to induce such referrals.”

Bone McAllester Norton PLLC is a full-service law firm with 33 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 16 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.