In The News

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.

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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.

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.

 

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.

 

Healthcare Practice Group Launches New Blog

Bone McAllester Norton’s healthcare group has launched OnCall, a new blog that provides timely updates, advice and assistance to clients in that industry. The bulk of the healthcare group’s practice focuses on representing healthcare professionals, including physicians, dentists, chiropractors and nurse practitioners, as well as representing entrepreneurs whose companies provide healthcare-related goods and services.

The Healthcare Law group consists of Anne Sumpter Arney, Charles Robert Bone, Stacey A. Garrett and Richard J. Nickels.

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.

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.

Congratulations to Anne Sumpter Arney and Stacey A. Garrett for being named to the Nashville Medical News InCharge Healthcare list

Bone McAllester Norton congratulates Anne Sumpter Arney and Stacey A. Garrett for making Nashville Medical News InCharge Healthcare list for 2013. This recognition goes to those who help drive local innovation and shape the next iteration of the healthcare industry in Nashville. Congratulations, Anne and Stacey, for this well-deserved recognition.

Congratulations to Anne Sumpter Arney and Stacey A. Garrett for being named to the Nashville Medical News InCharge Healthcare list

Bone McAllester Norton congratulates Anne Sumpter Arney and Stacey A. Garrett for making Nashville Medical News InCharge Healthcare list for 2013. This recognition goes to those who help drive local innovation and shape the next iteration of the healthcare industry in Nashville. Congratulations, Anne and Stacey, for this well-deserved recognition.

Healthcare Attorney Anne Sumpter Arney's Physician's Legal Update

Healthcare Attorney Anne Arney shares her insight on the industry.

Click here to read her newsletter.

 

Bonelaw Sponsors 8th Annual Freedom Run in Hendersonville

We were honored to sponsor the 8th Annual  Rotary Club of Hendersonville's Freedom Run 5K. Our own Marty Cook, attorney in our firm's Hendersonville office, won 13th place out of over 200 runners!  A few of our staff members were there passing out water to make sure the runners recovered quickly for the rest of their holiday festivities.

July 2011 Newsletter Features James Mackler, Freedom Run, Las Vegas & Online Reputation Management

Bone McAllester Norton welcomes attorney James E. Mackler to our team!  To read our newsletter, click here