Jena M. Grady

Jena Grady is an associate in Nixon Peabody’s Health Care practice group.

What do you focus on?

Before joining NP, Jena worked at the Arizona Department of Health Services Division of Behavioral Health Services and assisted with the creation of the $500 million RFP seeking a managed behavioral health care organization to in part deliver integrated care to individuals with serious mental illness in one of the largest public behavioral health systems in the country. She uses her public behavioral health experience to assist providers to navigate complex regulatory and legal issues that arise while delivering behavioral health and integrated care including, but not limited to, substance use record disclosures, licensing requirements and reimbursement challenges.

Compliance and Regulatory

I advise clients on Medicare and Medicaid compliance issues, scope of work and licensing issues. I also provide guidance to clients on how to comply with the Anti-Kickback Statute, the federal Stark law and state law equivalents.

Health Care Transactions

I assist clients in health care transactions including joint ventures and contractual arrangements. I also work with private equity firms seeking investments within the health care field including mental health.

HIPAA/Health Information Privacy and Security

I assist health care providers and business associates, including electronic health record vendors and health information exchanges, comply with HIPAA. I also provide guidance on state and federal requirements governing the privacy of mental health information.

What do you see on the horizon?

With the continuing push to pay for value rather than volume, I expect clinical providers to initiate and develop relationships with community service providers in order to address health-related social needs that affect health care costs and outcomes.

Publications & Presentations

  • “How Physicians Can Help Patients in Recovery from Substance Use Disorders During the COVID-19 Pandemic,” Health eSource, American Bar Association, July 2020
  • “The Confidentiality of Substance Use Disorder Consumer Records Regulation: An Update,” Open Minds, November 27, 2019
  • “When HIPAA and Part 2 Collide: Old Challenges and New Rulemaking,” American Health Lawyers Association webinar, October 2019
  • “Capacity and Consent to Treatment,” Fundamentals of Behavioral Health Care Law, Chapter 3, Peter J. Domas and Russell A. Kolsrud, eds., American Health Lawyers Association, 2016

ANALYSIS | 42 CFR Part 2 Rules Changes a Welcome Sign for Many Providers

Behavioral Healthcare Executive | July 22, 2020

This story features New York City Health Care associate Jena Grady for her outlook on the Department of Health & Human Services’ Substance Abuse and Mental Health Services Administration’s final rule to 42 CFR Part 2 relating to substance use disorders.

The confidentiality of substance use disorder consumer records regulation

Open Minds | November 27, 2019

New York City Health Care associate Jena Grady wrote this contributed article outlining proposed regulatory changes by the Substance Abuse and Mental Health Services Administration that aim to address the opioid crisis while maintaining confidentiality protections.


Jena M. Grady


New York

Phone: 212-940-3114

Fax: 844-629-5923

Loyola University Chicago School of Law, J.D., Health Law Certificate, cum laude

Arizona State University, MHSM

Arizona State University, B.A., cum laude

New York



  • Received a 2021 Best Lawyers: Ones to Watch recognition for Health Care Law.
  • Beazley Institute for Health Law and Policy Fellow
  • Four-time CALI Excellence for the Future Award Recipient
  • Second place team at the University of Maryland School of Law Health Law Regulatory and Compliance Competition
  • American Health Lawyers Association, Behavioral Health Task Force; Privacy sub-committee; Leadership Development Program Member
  • American Bar Association, Vice Chair, Physicians Legal Issues Conference
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