Patricia A. Markus, Esquire 

Trish Markus is a partner in the firm's Raleigh office, where she handles health care regulatory and patient care matters for physicians, hospitals, and other health care providers. She has advised North Carolina’s oldest regional health information organization on HIPAA privacy and security issues and regularly consults with health care providers about adoption of electronic health records and participation in community health information exchange initiatives. She also serves as the co-chair of the Legal Work Group for the North Carolina Health Information Security and Privacy Collaboration Project, which is recommending legislative and policy solutions designed to increase the exchange of electronic health information among North Carolina and other states' health care industry stakeholders while maintaining appropriate privacy and security protections for such information. Trish advises clients and speaks frequently on a broad array of regulatory and operational issues, including HIPAA privacy and security compliance and identity theft issues, health information technology and health information exchange, Stark and the Anti-Kickback Statute, recovery audit contractors and revenue integrity issues, false claims, medical staff issues, physician recruitment, joint ventures, and restrictive covenants and other employment-related issues.

Education

• J.D., Boston College, 1992
• B.A., with honors, Haverford College, 1989

Admissions

• Selected by her peers for inclusion in The Best Lawyers in America® 2010 (Copyright 2007 by Woodward/White, Inc., of Aiken, S.C.), Health Care Law, 2009, 2010

• Vice Chair, American Health Lawyers Association, HIT Practice Group, 2008 - present
• North Carolina Bar Association, Health Law Section, Treasurer, 2009 – 2010; Health Law Section Council, 2006 - 2009; Communications Committee, 2002 - present
• American Health Lawyers Association, Co-leader for the Privacy and Security Compliance and Enforcement Affinity Group, HIT Practice Group, 2006-2008
• Health Information Exchange Council, American Health Information Management Association, 2008
• e-HIM Workgroup on HIM in Health Information Exchange, American Health Information Management Association, 2007
• North Carolina Society of Healthcare Attorneys; President, 2003-2004; Board of Directors, 2000-2007
• Co-editor, HIT News, newsletter of the Health Information & Technology Practice Group of AHLA, Spring 2006
• Member, Health Information Management Systems Society
• Co-editor, Prognosis, newsletter of Health Law Section of North Carolina Bar Association and North Carolina Society of Healthcare Attorneys, 2000-2003

• Co-chair, Legal Work Group and Implementation Plan Work Group, North Carolina Health Information Security and Privacy Collaboration (HISPC) Project
• Young Executives Committee and Corporate Council, American Heart Association Greater Raleigh Heart Gala, 2003
• Volunteer, Project Together, 1997-1998

• Clerkship, Justice Robert W. Cook, Illinois Appellate Court, Fourth District
• Clerkship, Justice Willis P. Whichard, North Carolina Supreme Court

• Co-Author, "HIPAA goes 'HITECH': Privacy Considerations Under the Health Information Technology for Economic and Clinical Health (HITECH) Act," September 2009
• Co-Author, "The Economic Stimulus Package: Changes to HIPAA," LegalHIMformation, March 2009
• Co-Author, "Cell Phone Camera Use in Healthcare Facilities:  Shutter It," HIT News, January 2009
• "Recovery Audit Contractors Are Coming—Part II," October 2008
• "Recovery Audit Contractors Are Coming—Part 1," April 2008
• Quoted extensively in "Regulatory Compliance:  Privacy and Security Concerns," Charlotte Medical News, March 2008.
• Co-Author, "Legislative Update:  New NC Law Governing Release of PHI," Prognosis, February 2008.
• Co-author, "HIM Principles in Health Information Exchange," Journal of American Health Information Management Association, September 2007
• "Legislative Update:  New NC Law Governing Release of PHI," July 2007
• Co-Author, "Convicted Sex Offenders And Ramifications For Healthcare Facilities," AHLA Health Lawyers Weekly, April 13, 2007
• "New Stark and Anti-Kickback Statute Exceptions for E-Prescribing and EHRs," August 2006
• Co-Author, "HIPAA Preemption: Making a Federal (Question) Case Out of It," HIT News, May 2006
• Co-Author, "DHHS Issues Final HIPAA Enforcement Provisions," HIT News, May 2006
• "DHHS Issues Final HIPAA Enforcement Provisions," March 2006
• Quoted extensively in "Research Power," by Laura Gater, vol. 17 For the Record No. 20, p. 25, September 26, 2005
• "DOJ on HIPAA: We Can't Criminally Prosecute Individuals," July 2005
• "DHHS Issues HIPAA Enforcement Provisions," May 2005
• "Security Rule Blues – The Compliance Deadline Has Passed – Now What?," Physicians Practice, May 2005
• "Informed Consent, It's Not Just a Piece of Paper," Physicians Practice, April 2005
• Co-Editor, North Carolina Health Information Management Association, Legal Reference Manual, 2004 (5th Ed.)
• "Draft Report of HIPAA Security Rule Workgroup," Co-Author, North Carolina Society of Healthcare Attorneys, Inc., October 22, 2004
• "Stark Phase II Regulations Finally Issued; Both Flexibility and Rules Emphasized," April 2004
• "A New Burden for Self-Insured Employers: HIPAA Compliance," Business Leader Magazine, March 2004
• "Post-Implementation Assessment: HIPAA Privacy Compliance Needs Periodic Verification," Healthcare Informatics, February 2004
• "Final Rule Clarifies EMTALA Responsibilities for Hospitals," September 2003
• "HIPAA Conformance Act Legislation Might Ease Compliance Burden," Prognosis, April 2003
• "Advance Directives: Who's in Control?" North Carolina Lawyers Weekly, November 25, 2002
• "HIPAA Extension for Business Associate Agreements: Read the Fine Print," November 15, 2002
• Co-author, "HR Departments Need to Prepare for Upcoming Deadline," Triad Business News, May 31, 2002
• "Proposed Changes to HIPAA Privacy: Fewer Hoops, Many Questions," April 15, 2002
• "How to Prepare for Compliance With the Final HIPAA Privacy Regulations," July 2001
• "Conversations on Rural Health: Exploring Challenges," Prognosis, June 2001
• "An Insider's View of Rural Health Today," Prognosis, June 2001
• "OIG's Final Physician Compliance Program Guidance: Sometimes Less Is More," Prognosis, November 2000
• "OIG Issues Special Fraud Alert on Physician Office Space Rental," February 23, 2000
• "OIG Issues Draft Compliance Guidance for Individual and Small Group Physician Practices," June 7, 2000
• "OIG Issues Detailed Compliance Program Guidance for Nursing Facilities," January 2000
• "Control of Patient Records Can Be Complex," Triangle Business Journal, June 4, 1999
• "Corporate Compliance Should Continue to Top the List of Provider Priorities," April 1999
• "Ruling Raises Key Contractor Liability Issues," Triangle Business Journal, August 14, 1998
• "Hospital May be Liable for Negligence of Independent Physician," July 23, 1998

• "Recovery Audit Contractors: Can You Dodge the RACket?", Medical Mutual Insurance Company, Charlotte, Wilmington, Raleigh, and Greenville, NC, October 2009
• "How 21st Century Technology May Affect Informed Consent for HIE," NCHICA Annual Conference, Asheville, NC, September 21, 2009
• "21st Century Consent: Health Information Exchange in a Networked World," AHIMA Legal EHR Summit, Chicago, IL, August 17, 2009
• "HIPAA 2.0:  Practical Implications of ARRA Changes and New Enforcement Provisions," Texas Association of Community Health Centers, Inc., Webinar, July 17, 2009
• "Privacy and Security Enforcement: A Key to the NHIN?", American Health Lawyers Association Annual Meeting, Washington, D.C., June 30, 2009
• Co-Presenter, "HISPC June Seminar Series Intrastate and Interstate Consent Policy Options," RTI International Webinar, June 18, 2009
• "Recovery Audit Contractors:  Can you Dodge the RACket?", North Carolina Medical Group Managers Spring Conference, Myrtle Beach, South Carolina, April 30, 2009
• "RAC Audits:  Corporate Compliance Redux?", North Carolina Bar Association, Health Law Section Annual Meeting, Cary, North Carolina, April 23, 2009
• "To Consent or Not Consent in a Networked World?," Health Information Security and Privacy Collaboration National Meeting, Bethesda, Maryland, March 4, 2009
• "Health Information Sharing: A Plethora of Compliance, Privacy and Security Issues," NCHICA Academic Medical Center Security and Privacy Conference, Chapel Hill, North Carolina, March 2, 2009 
• "Consumer Consent in the 21st Century," Quality Committee of the North Carolina Medical Society, Raleigh, North Carolina, February 27, 2009
• "Raising a Red Flag: Understanding the Fair and Accurate Credit Transactions Act, the 'Red Flag' Regulations, and Their Impact On Physicians," North Carolina Medical Society, Webinar, February 11, 2009
• "Health Information Privacy in the 21st Century," Carolina Privacy Officials Network Privacy Day Event, Research Triangle Park, North Carolina, January 26, 2009
• "Raising a 'Red Flag':  Understanding the Fair and Accurate Credit Transactions Act, the 'Red Flag' Regulations, and Their Impact on Health Care Providers," Audio Seminar, October 23, 2008
• "Compliance Audits:  It's Not Just About RACs," North Carolina Medical Group Managers, Webinar, October 8, 2008
• "Release of Medical Information in North Carolina," Lorman Education Services, Raleigh, North Carolina, September 12, 2008
• "Compliance Audits:  It's Not Just About RACs," Triangle Medical Managers, Research Triangle Park, North Carolina, September 11, 2008
• "Consent to Participate in HIE:  North Carolina and National Perspectives," North Carolina Healthcare Information and Communications Alliance Annual Meeting, Greensboro, North Carolina, September 8 and 10, 2008
• "Compliance Audits:  It's Not Just About RACs," Audio Seminar, June 12, 2008
• "The Physician/Patient Relationship: Avoiding the Sand Traps," Wilmington, North Carolina, June 10, 2008
• "Health Information Exchanges:  State of Affairs in Information Sharing," American Health Lawyers Association, HIT Practice Group Mid-Year Meeting Luncheon, Hospitals and Health Systems Law Institute, Orlando, Florida, February 14, 2008.
• "Reducing Legal Barriers to Health Information Exchange in North Carolina," Privacy and Security Solutions National Conference, Washington, DC, November 1, 2007
• "Health Information Exchange in North Carolina:  Road to the Nationwide Health Information Network," North Carolina Society of Health Care Attorneys Annual Meeting, Chapel Hill, North Carolina, October 19, 2007
• "Current Regulatory Issues in Sharing Health Information Technology," Southern Atlantic Healthcare Alliance, Chief Information Officers' Meeting, Cary, North Carolina, August 21, 2007
• "HIPAA Privacy and Security Heightened Enforcement:  Survive New HHS Compliance Audits," Strafford Publications Audio Seminar, August 1, 2007
• "General Principles Concerning Medical Records," Medical Records Law in North Carolina, Lorman Education Services, Raleigh, North Carolina, June 22, 2007
• "Nuts and Bolts of Contracting," Women In Law for Women In Business, Cary, North Carolina, May 9, 2007
• "2007 Compliance Issues and Risk Areas," North Carolina Health Information Management Association, Southeastern Region Meeting, Clinton, North Caroilna, April 13, 2007
• "Release of Information Update," North Carolina Health Information Management Association Fall 2006 Workshop, Research Triangle Park, North Carolina, November 17, 2006
• "Regional Health Information Organizations: Now Is the Time," Southern Atlantic Health Alliance, Raleigh, North Carolina, July 27, 2006
• "HIPAA and Litigation: Recent Case Decisions," American Health Information Management Association Privacy Institute, San Diego, California, October 16, 2005
• "Solutions to Sticky HIPAA Issues," American Health Information Management Association Audio Seminar, April 19, 2005
• "HIPAA and Security: What You Really Need to Do," Administrative Team, Maria Parham Medical Center, Henderson, North Carolina, January 5, 2005
• "Corporate Compliance . . . or Corporate Complacency?" North Carolina Chapter of the American Society for Healthcare Risk Management, Greensboro, North Carolina, November 5, 2004
• "HIPAA and Security: What You Really Need to Do," Louisiana Chapter of Healthcare Information and Management Systems Society, New Orleans, Louisiana, October 8, 2004
• "HIPAA Security Compliance: Legal Management of an I.T. Process," North Carolina Hospital Association, Cary, North Carolina, March 16-17, 2004; Charlotte, North Carolina, June 17, 2004
• "Health Care Contracting Strategies," Health Law Primer, Southern Pines, North Carolina, November 21, 2003
• "HIPAA Compliance and Privacy Issues, HIPAA in a Nutshell: Cracking the Confidentiality Code," National Business Institute, Raleigh, North Carolina, September 25, 2003
• "HIPAA Privacy Documents for the County's Compliance," Staff, Union County Health Department, Monroe, North Carolina, May 16, 2003
• "Practical Considerations of HIPAA Compliance," Medical Staff, Southwestern Health System, Inc., Murphy, North Carolina, March 11, 2003
• "Practical Considerations of HIPAA Compliance," Medical Staff, Lexington Memorial Hospital, Lexington, North Carolina, March 10, 2003
• "Organized Health Care Arrangements: Making Sense of the Confusion," Administrative Team, Lexington Memorial Hospital, Lexington, North Carolina, January 22, 2003
• "Organized Health Care Arrangements: What's the Big Deal?" Medical Staff, Duplin General Hospital, Kenansville, North Carolina, January 7, 2003
• "How the HIPAA Privacy Rule Will Affect County Governments," Union County, North Carolina, December 10, 2002
• "Organizational Designation Options," Maria Parham Hospital, Henderson, North Carolina, December 16, 2002
• "How the HIPAA Privacy Rule Will Affect County Governments," Cleveland County, North Carolina, December 10, 2002
• "Practical Legal Considerations of HIPAA Compliance," North Carolina Society for Social Work Leadership In Health Care, Asheville, North Carolina, December 6, 2002
• "Practical Considerations of HIPAA Compliance," Medical Staff Executive Committee, Alamance Regional Medical Center, Burlington, North Carolina, October 1, 2002
• "HIPAA Privacy Compliance—Management Training Workshop," Wayne Memorial Hospital, Goldsboro, North Carolina, September 24, 2002
• "Withholding and Discontinuing Extraordinary Means," Medical Executive Committee, Randolph Hospital, Asheboro, North Carolina, August 14, 2002
• "Practical Legal Considerations of HIPAA Compliance," North Carolina Medical Society, Pinehurst, North Carolina, August 7, 2002
• "Practical Implications of HIPAA Compliance for Physicians," Medical Staff at Brunswick Community Hospital, Supply, North Carolina, April 23, 2002
• "Practical Implications of HIPAA Compliance for Physicians," Key IPA, Raleigh, North Carolina, February 13, 2002
• "Practical Legal Considerations of HIPAA Compliance," Larsen Allen–Cherry Baekert Team Meeting, Charlotte, North Carolina, December 6, 2001
• "Practical Legal Considerations of HIPAA Compliance," Virginia Chapter of Healthcare Financial Management Association, Chesapeake, Virginia, November 29, 2001
• "Practical Legal Considerations of HIPAA Compliance," Perigee Seminar, Raleigh, North Carolina, November 1, 2001
• "An Effective Corporate Compliance Program: Why You Need One and How to Develop It," Medicaid, Medicare, and Medical Assistance in North Carolina, Raleigh, North Carolina, September 11, 2001
• "Confidentiality of Records," Mental Health and the Law in North Carolina, Medical Educational Services, Raleigh, North Carolina, June 23, 2000
• "The Feds and Fraud: What it Means for Physicians," Piedmont Health Alliance, Hickory, North Carolina, June 15, 2001
• "Advance Directives in North Carolina," Lexington Memorial Hospital, Lexington, North Carolina, June 8, 2000
• "Corporate Compliance Programs: Why You Need One and How to Develop It," Health Care Corporate Compliance Programs in North Carolina, Lorman Education Services, Raleigh, North Carolina, February 10, 2000
• "A Question and Answer Guide to Advance Directives in North Carolina," North Carolina Legal Issues in the Medical Office, Lorman Education Services, Raleigh, North Carolina, April 27, 1999
• "The Duty to Disclose Medical Information," Confidentiality of Medical Records in North Carolina, Lorman Education Services, Fayetteville, North Carolina, November 11, 1998
• "The Duty to Disclose Medical Information," Confidentiality of Medical Records in North Carolina, Lorman Education Services, Raleigh, North Carolina, July 21, 1998