Nathan A. Kottkamp Senior Counsel

Nathan has dedicated his career to helping clients navigate the complex healthcare legal environment. This can involve listening and offering advice in a crisis, providing practical solutions to day-to-day operations issues, navigating regulatory requirements, representation before professional and licensing boards, contracting, and myriad other forms of assistance. Nathan has a particular depth of experience with HIPAA and other data privacy and security matters, both in counseling clients and in serving as the firm’s HIPAA Privacy Officer. Nathan’s healthcare clients are located across the country and include hospitals, medical practices, pharmacies, and senior care communities. Nathan has also assisted a variety of higher education clients with accreditation issues, program development, and student rights matters. Nathan is also dedicated to addressing public health issues, notably as the Founder and Chair of National Healthcare Decisions Day. Nathan is a McGuireWoods “lifer” and began working for the firm before he had finished his joint JD/MA in law and bioethics.

Nathan’s clients include health systems, hospitals, specialized medical practices, mental health services providers, pharmacies and universities.

Nathan is a frequent speaker on a range of healthcare topics including HIPAA, EMTALA, and advance directives.

Nathan holds the CIPP/US credential as a Certified Information Privacy Professional from the International Association of Privacy Professionals (IAPP).  Furthermore, Nathan serves as the HIPAA Privacy Officer for McGuireWoods LLP and coordinates HIPAA compliance on behalf of the firm.

Nathan is the Founder and Chair of National Healthcare Decisions Day (April 16), an annual event to inspire, educate and empower the public and providers about the importance of advance care planning. See: www.nhdd.org

Outside of the office, Nathan is a competitive cyclist. He races both road and mountain bikes.

Experience

Provided outside general counsel to dozens of hospitals, assisting them on a variety of issues, including several life and death ethics crisis matters.

Effectively represented several healthcare professionals in responding to complaints before professional licensure boards.

Assisted educational institutions and healthcare providers to obtain and/or renew required accreditation and licensure status following investigations and complaints.

Assisted in obtaining certificates of public need for dozens of projects, ranging from imaging services, surgery centers, and service expansions to the establishment of brand new hospitals.

Led a nationwide pro bono effort as the founder and chair of the National Healthcare Decisions Day Initiative.

  • University of Pittsburgh College of Arts and Sciences, MA, Bioethics, 2001
  • University of Pittsburgh School of Law, JD, Certificate of Advanced Study in Health Law, magna cum laude, Order of the Coif, Member, University of Pittsburgh Law Review, 2001
  • The College of William & Mary, AB, with High Honors, 1996

Member; Board of Governors, Health Care Section, 2004-2011; Founder and Chair, Committee to Establish Virginia Advance Directives Day, 2005-2007; Vice Chair, Admission and Orientation Committee, Young Lawyers Conference, 2002-2004, Virginia State Bar

Member, Health Law Section, Virginia Bar Association

Member, Advance Directives Task Force Committee, Supreme Court of Virginia Commission on Mental Health Law Reform, 2008-present

Member, Board of Directors, Honoring Choices Virginia, 2013-Present

Member, Advisory Board, Virginia POST Collaborative, 2011-Present

Member, Health Law Section, American Bar Association

Member, American Health Lawyers Association

Member, Central Virginia Health Executives Group

Member; Commissioner's Healthcare Workforce Award Review Committee, Virginia Department of Health, 2006-present

Founder and Chair, National Healthcare Decisions Day Initiative, 2007-present

Board of Directors, Crater Community Hospice, Petersburg, Virginia, August 2012-present

Member; Board of Directors; Chair, Leadership Development Council, 2004-2008; American Red Cross, Greater Richmond Chapter

Member, Board of Directors, 2003-2007, Juvenile Diabetes Research Foundation, Central Virginia Chapter

Albert Schweitzer Fellow for Life, 1999 

Eagle Scout

  • Moderator, "Digital Health and Cybersecurity," 10th Annual Pharmaceutical and Medical Device Conference, November 15, 2018
  • Panelist, "Compliance and the Defense Perspective," Virginia Bar Association’s “Federal and State Responses to the Opioid Epidemic” Forum, October 2018
  • Panelist, "Ethical Challenges in Healthcare Leadership," Central Virginia Healthcare Executives Group of the American College of Healthcare Executives (ACHE), September 2018
  • Moderator, "Cyber and IT Security Today: The Best Approaches and Ideas," Becker's Hospital Review 4th Annual Health IT + Revenue Cycle Conference, September 2018
  • Speaker, "Wearable Devices and Data Security," Healthcare Litigation and Compliance Webinar Series, August 23, 2018
  • Speaker, "HIPAA Back to Basics," HIPAA Webinar Series, June 2018
  • Speaker, "A Conversation on a ‘Day in the Life," William & Mary Schools of Law and Business: “Another Day at the Breach—Cyber Intrusion: A Conference of Experts", March 2018
  • Speaker, "Ransomware Attacks and Other Cybersecurity Issues," 9th Annual Pharmaceutical and Medical Device Conference, November 2017
  • Keynote Speaker, "Why a National Grassroots ACP Movement is Necessary," Haney Interprofessional Conference: Compassionate Conversations at End of Life, November 2017
  • Speaker, HIPAA Hot Topics: Recent Developments and Enforcement Actions, McGuireWoods LLP Webinar, September 2017
  • Speaker, "Out of the Breach: Data Security & Information Governance for Healthcare Entities," Healthcare Litigation and Compliance Webinar Series, July 2017
  • Presenter, "What REALLY matters for HIPAA compliance? A Top 10 List for HIPAA Readiness," FireEye Cyber Defense Summit 2016, November 2016
  • Speaker, "The Peer Review Process for ASCs," Becker’s ASC 23rd Annual Meeting: The Business and Operations of ASCs, Chicago, IL, October 2016
  • Moderator, "What's New in HIPAA and Data Security: Breaches, Enforcement and HIPAA as a Conduct Standard," 3rd Annual Healthcare Litigation Conference, McGuireWoods LLP, September 2016
  • Presenter, "Subpoenaed Medical Records," Webinar, Progressive Healthcare Conferences, September 2016
  • Speaker, "An Examination of Recent Developments and Enforcement Actions," HIPAA Hot Topics, August 2016
  • Speaker, "HIPAA for the Rest of Us: What Do Non-Healthcare People Really Need to Know?," HIPAA Webinar Series , McGuireWoods LLP Healthcare Webinar, March 2016
  • Speaker, What You Need To Know About the Emergency Medical Treatment and Active Labor Act (EMTALA), Lorman Webinar, March 2016
  • Speaker, "Data Security Considerations for Medical Device Companies and mHealth Providers," 7th Annual Medical Device and Life Sciences Conference, November 2015
  • Speaker, Attorneys as HIPAA Business Associates: Critical Essentials to Ensure Compliance, National Business Institute Webinar, August 2015
  • Panelist, TCPA Impacts the Healthcare Industry, McGuireWoods LLP Webinar, July 2015
  • Speaker, "What's New in HIPAA and Data Security: Breaches, Enforcement and HIPAA as a Conduct Standard," Annual Healthcare Litigation Conference, May 2015
  • Speaker, Preparing for 2015 HIPAA/HITECH Act Compliance Audits: A Spring Cleaning List for Covered Entities and Business Associates, McGuireWoods LLP Webinar, April 2015
  • Speaker, HIPAA and Litigation: Getting and Producing Records, Blue Cross Blue Shield Association Annual Blue Summit, April 2015
  • Presenter, HIPAA Compliance During Litigation and Discovery, Clear Law Institute Webinar, March 2015
  • Co-Presenter, "When Advance Directives Backfire: Avoiding Liability and Patient Safety Risks in your Emergency Department," American College of Healthcare Executives, 2015 Congress, March 16, 2015
  • Speaker, Preparing Covered Entities and Business Associates for 2015 HIPAA/HITECH Act Compliance Audits, McGuireWoods LLP Healthcare Webinar, January 2015
  • Co-presenter, "HIPAA Compliance During Litigation and Discovery," Strafford Webinar, October 2014
  • Speaker, "HIPAA in a Post-Omnibus Age," 6th Annual Leadership Forum, September 2014
  • Co-Presenter, "Hot Topics (and not so hot topics) in Virginia Administrative Law Practice and Procedure-A 2014 Update," Virginia Bar Association Summer Meeting, July 2014
  • Speaker, "Organ Donation In Virginia: Legal and Ethical Issues," VCU Medical Center 3rd Annual Mini Donation Collaborative, July 2014
  • Speaker, "Organ Donation-Hospital Responsibilities and Best Practices," Illinois Hospital Association, June-July 2014
  • Speaker, "Virginia Health Records Law and HIPAA Enforcement Update," Lorman Education Services Conference, June 2014
  • Conference Co-Chair and Moderator, "Compliance and Investigations: Prevention and Response to Claims," Healthcare Litigation Conference, McGuireWoods LLP, May 29, 2014
  • Co-presenter, "Family Law and End of Life Decision Making Facing Cancer Patients," American Bar Association Health Law Section National Webinar, May 2014
  • Speaker, "HIPAA: Life in the Post-Omnibus Age," Virginia Association of Hospices and Palliative Care, Annual Clinical Conference, May 2014
  • Speaker, "Legal & Ethical Issues Surrounding Donation and Transplant," Henrico Doctors' Hospital Physician Education Series, April 2014
  • Panelist, "Navigating HIPAA – 7 Critical Considerations in Conducting Discovery and Responding to Subpoenas," Healthcare Litigation Conference, McGuireWoods LLP, April 2014
  • Speaker, "EMTALA Requirements in the Psychiatric Setting," Virginia Hospital and Healthcare Association Behavioral Health Forum, April 2014
  • Co-presenter, "Do You Love Me? The Hour of Decision," National Association of Social Workers, Virginia Chapter, Annual Meeting, March 2014
  • Co-presenter, "HIPAA Compliance 2.0 for Business Associates Under the New Rule," Strafford Webinar, March 2014
  • Speaker, "The Origins of National Healthcare Decisions Day," Canadian Medical Association Annual Meeting, August 2013
  • Speaker, "Key Changes under the HIPAA Omnibus Final Rule and Surviving a HIPAA Audit," International Society of Certified Employee Benefits Specialists, June 2013
  • Speaker, "Core Elements of a Routine Check-up for Healthcare Facilities," American Health Lawyers Association In-House Counsel Meeting, June 2013
  • Speaker, HIPAA Compliance in Litigation and Discovery – 10 Key Concepts, May 2013
  • Speaker, "HIPAA as a Basis for State Law Causes of Action: An Emerging Trend?," American Conference Institute’s 3rd Annual Health Care Privacy and Security Forum, May 2013
  • Panelist, "Conversations Before the Crisis: The Intersection of Family, Faith and Policy in Advance Care Planning," The National Hospice and Palliative Care Organization Hospice Action Network & the Mary J Labyak Institute, April 2013
  • Speaker, "The Law and Advance Care Planning: Today and Tomorrow," Sentara Ethics Conference, April 2013
  • Speaker, "Staying Protected in the Wake of the Omnibus Final Rule," Are You Still HIPAA Compliant?, McGuireWoods HIPAA and the HITECH Final Rule Webinar Series, March 27, 2013
  • Speaker, "HIPAA as a Basis for State Law Causes of Action: An Emerging Trend?," American Conference Institute’s 2nd Annual Health Care Privacy and Security Forum, December 2012
  • Speaker, "Legal Issues, Privacy, and Social Media," Association for Hospice and Home Care of North Carolina’s Social Media Workshop, November 2012
  • Debate Panelist, "Rapidly Evolving Stem Cell Therapies and Business Models Require More Flexible FDA and State Regulatory Frameworks," Houston Stem Cell Summit, October 2012
  • Speaker, "Risk Issues We Face in Our Daily Roles," Central Virginia Health Executives Group, September 2012
  • Co-presenter, "HIPAA Compliance During Litigation," Strafford Webinar, September 2012
  • Speaker, "HIPAA Breach Notification Rules," University Health Consortium (UHC) Legal and Compliance Council Meeting, September 12, 2012
  • Co-presenter, "HIPAA Overview and Highlights of Hot Topics," Virginia State Bar Annual Meeting, June 2012
  • Co-presenter, "Virginia Health Records Law and HIPAA Enforcement Update," Lorman Education Services Conference, June 2012
  • Co-presenter, "National Healthcare Decisions Day: Lessons for A Global Initiative," Canadian Hospice Palliative Care Organization Learning Institute, June 2012
  • Co-presenter, "POST: A Tool For Implementing Effective End of Life Care," CJW Medical Center Annual Palliative Care Conference, April 2012
  • Co-presenter, "HIPAA Breach Reporting: The New Regime under HITECH," UHC Joint Council Meeting, April 2012
  • Co-presenter, "EMTALA Enforcement on the Rise: Minimizing Hospital and Physician Liability," Strafford Webinar, April 2012
  • Co-presenter, "HIPAA Privacy and Security: Surviving Heightened Enforcement," Strafford Webinar, February 2012
  • Speaker, "Health Law Update: HIPAA and Ethics of Health Care Decisions," Virginia State Bar Annual Midyear Meeting, November 2011
  • Speaker, "Getting and Giving Health Records in Litigation," HIPAA Compliance During Litigation and Discovery, Strafford Publications CLE Webinar, October 2011
  • Speaker, "Brain Death: Law & Ethics," LifeNet Health 3rd Annual Collaborative on Organ Donation, October 2011
  • Speaker, "HIPAA Privacy and Security: Surviving Heightened Enforcement," HIPAA Summit West, September 2011
  • Speaker, HIPAA and Litigation, May 2011
  • Speaker, Strafford -HIPAA Privacy and Security: Surviving Heightened Enforcement, May 5, 2011
  • Co-presenter, Strafford -HIPAA Privacy and Security: Surviving Heightened Enforcement, February 2012
  • Speaker, "Medical Ethics In Your Community," Hamot Medical Center, Grand Rounds, December 2010
  • Speaker, "Legal Issues in Comparative Effectiveness Research," North American Spine Society, July 2010
  • Speaker, "Ethics and End-of-Life Decision-Making," Mid-Atlantic Renal Coalition, May 2010
  • Moderator, "Healthcare Reform and Its Impact on Hospitals," Healthcare Financial Management Association, February 2010
  • Speaker, "Advance Directives in the Real World," American Health Lawyers Association In-House Counsel Meeting, June 2009
  • Speaker, Getting and Giving Medical Records under HIPAA, April 2009
  • Speaker, "HIPAA, Virginia, and Communications with Medical Powers of Attorney and Family: A Primer," Virginia Senior Care Group, April 2009
  • Speaker, "Honoring Our Patients and Capturing Lost Opportunities: The Financial, Legal, and Practical Benefits of Advance Planning," American Health Lawyers Association Webinar Presentation, April 2009
  • Speaker, "Advance Directives - Virginia and Beyond," Virginia Health Care Practitioners' Roundtable, November 2007
  • Speaker, "Brain Death: Ethics and Law," CJW Medical Center Neuroscience Symposium, May 2007
  • Virginia
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia

Selected for inclusion as a "Leading Lawyer," Cyber Law, Virginia, Legal 500 US, 2017-2018

Recognized in "Readers Choice Awards", Top Read Article, Pharmaceutical Industry, “OIG Lists Cybersecurity of Medical Devices and HIPAA Among Its Priorities for 2016,” JD Supra, 2016

Named to "Virginia Rising Stars," Health Care, Super Lawyers, Thomson Reuters, 2007-2013

Named to "Legal Elite," Health Law, Virginia Business, 2009-2017

Named to "Legal Elite for Young Lawyers (Under 40)," Health Care, Virginia Business, 2007, 2010

Recipient, Central Virginia Health Planning Agency's Virginia A. Crockford Health Planning Award, 2009

Selected for inclusion in Richmond’s “Top 40 Under 40--Young Catalysts,” Style Weekly, 2008

Named to "Outstanding Young Health Care Lawyers," Nightingale's Healthcare News, 2006

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