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Jena M. Grady



Jena Grady is an associate in Nixon Peabody’s Healthcare 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 healthcare 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.

Healthcare Transactions

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

HIPAA/Health Information Privacy and Security

I assist healthcare 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 healthcare costs and outcomes.

Publications & Presentations

  • “Closing the MSO Transaction: Anticipating and Solving for Real World Obstacles,” The Healthcare Services Investment Conference, Rye, New York, August 24, 2022
  • “Healthcare Payer Incentives, Cost & Transparency,” Integrated Physical & Behavioral Health Alliance Virtual Health Symposium, June 23, 2022
  • “Technology and Innovative Care Delivery in Mental Health Panel,” Beazley Symposium on Health Care Law and Policy, Webinar, November 5, 2021
  • Transitioning of Behavioral Health Data Sharing and Information Exchange: A Structured Approach to Decision Making,” American Health Law Association briefing, April 9, 2021 (Co-author)
  • HHS Proposes Modifications to HIPAA Privacy Rule Aimed at Increasing Patient Access and Enhancing Data Sharing for Care Coordination,” American Health Law Association briefing, December 22, 2020 (Co-author)
  • “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

New regulations have potential to remove barriers to care

Behavioral Healthcare Executive | January 17, 2022

New York City Healthcare associate Jena Grady contributed this article outlining the new or proposed federal regulations surrounding behavioral health, and their ability to improve whole-person care delivery by permanently extending the flexibility offered during the COVID-19 pandemic.

Team from Nixon Peabody helps surgical practice expand

Rochester Business Journal | December 30, 2021

This feature article, focusing on NP client New York Bariatric Group’s expansion into Oklahoma and Arkansas, includes Rochester Corporate partner Lori Green and Long Island Healthcare partner Michele Masucci for leading the all-female team that advised NYBG. Lori is also quoted on how the transaction could serve as a blueprint for other medical practices looking to affiliate with a management services organization and expand. The NP team also included Rochester Corporate associate Jennifer Jovcevski, and Long Island associate Jennifer Greco and New York associate Jena Grady, both in the Healthcare group.

Bariatric practice expands into Oklahoma, Arkansas

Long Island Business News | December 16, 2021

This feature article, focusing on NP client New York Bariatric Group’s expansion into Oklahoma and Arkansas, includes Long Island Healthcare partner Michele Masucci and Rochester Corporate partner Lori Green for leading the team that advised NYBG. Michele is also quoted on our firm’s work with NYBG. The NP team also included Long Island associate Jennifer Greco and New York associate Jena Grady, both in the Healthcare group; and Rochester Corporate associate Jennifer Jovcevski.

Government proposes a path to address the significant unmet mental health needs that further came to light with the COVID-19 pandemic

Behavioral Health Business | September 15, 2021

New York City Health Care associate Jena Grady contributed this article on how the COVID-19 pandemic both exacerbated and underscored the growing mental health crisis, and how the Biden-Harris administration, along with state and local governments, is leveraging the more flexible policies adopted during the pandemic to mitigate unmet mental health needs.

Charlesbank Buys Stake in MB2 Dental from Sentinel

Mergers & Acquisitions | February 01, 2021

This article on investment firm Charlesbank Capital Partners’ majority-interest acquisition in MB2 Dental—a dental partnership organization with affiliated practices across 24 states—mentions the firm for the work by Health Care partners Michele Masucci and Mike Schnipper, in Long Island, and associate Jena Grady, in New York.

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.

More Changes Ahead for Substance Use Record Sharing Law

Bloomberg Law | 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.

Contact

Jena M. Grady

Associate

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

Arizona

Illinois

  • Received a Best Lawyers: Ones to Watch recognition for Health Care Law in 2022 and 2021
  • Lawyers Alliance for New York 2020 Cornerstone Award Recipient
  • 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 Practice Group; Privacy sub-committee; Leadership Development Program Member
  • American Bar Association, Vice Chair, Physicians Legal Issues Conference
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