Nathan A. Kottkamp

Senior Counsel

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Practices
Industries
Education
  • 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
  • University of Pittsburgh College of Arts and Sciences, MA, Bioethics, 2001
  • The College of William & Mary, AB, with High Honors, 1996
Admissions
  • Virginia
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. Court of Appeals for the 4th Circuit
Affiliations

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

Nathan concentrates in healthcare law, including federal and state regulatory compliance, HIPAA, EMTALA, privacy and confidentiality requirements, data breach response, patient rights and clinical ethics, fraud and abuse, self-referral prohibitions, medical staff privileges, healthcare contracts, "certificate of public need" proposals, reproductive medicine, healthcare antitrust, healthcare professional education accreditation, advance directives, and reimbursement issues.

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.

In the News

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Nathan A Kottkamp
vCard
T: +1 804 775 1092F: +1 804 698 2072Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916
RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

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.

Selected for inclusion as a "Leading Lawyer," Cyber law, Virginia, Legal 500 US, 2017

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, 2009-2016

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

Author, "EMTALA in Plain English," Health Law Handbook, Book Chapter, Thomson Reuters, 2017 Edition
Co-author, "Attorneys as HIPAA Business Associates: Critical Essentials to Ensure Compliance," Bender's Health Care Law Monthly, Vol. 2016; No. 10, October 2016
Co-author, "Legal Considerations for Retail Clinics," Bender's Health Care Law Monthly, Vol. 2016; No. 01, January 2016
Co-author, "Hospital Contracting Issues," Representing Hospitals and Health Systems Handbook, American Health Lawyers Association, Chapter 26, First Edition, 2016
Co-author, "Highlights from the 2016 OIG Work Plan," Lexology, December 9, 2015
Co-author, "Preventing and Defending Against Fair Housing Act Claims for Continuing Care Retirement Communities," Bender's Health Care Law Monthly, December 2014
Co-author, "Ethics Column National Healthcare Decisions Day," Nutrition in Clinical Practice, 2014
Co-author, "Changes to HIPAA Under Omnibus Final Rule," PHA E-Pulse, Physician Hospitals of America, 2013
Co-author, "TRIAD III: Nationwide Assessment of Living Wills and DO NOT RESUSCITATE Orders," Journal of Emergency Medicine, November 2011
Author, "Legal and Practical Reasons for Incorporating Advance Directives into Healthcare Practice," Health Care Law Monthly, September 2010
Co-author, "When MedPAC Speaks, Congress Listens: What the Inclusion of MedPAC Health Care Delivery Reform Proposals in Health Care Reform Legislation Means for Physicians," BNA’s Medicare Report, March 2010
Co-author, "Law Revised to Enhance Health Care Decision-Making Rights," Virginia Lawyer Weekly, Virginia Lawyer, and Virginia Nurses Association News, June 2009
Contributor, Complex Ethics Consultations - Cases That Haunt Us, Book Chapter, 2008
Speaker, "Out of the Breach: Data Security & Information Governance for Healthcare Entities," Healthcare Litigation and Compliance Webinar Series, McGuireWoods LLP 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, 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
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, "Core Elements of a Routine Check-up for Healthcare Facilities," American Health Lawyers Association In-House Counsel Meeting, June 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, "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, "EMTALA Enforcement on the Rise: Minimizing Hospital and Physician Liability," Strafford Webinar, April 2012
Co-presenter, "HIPAA Breach Reporting: The New Regime under HITECH," UHC Joint Council Meeting, 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
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, "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 Amends Breach Notification Law, Password Protected, April 12, 2017
ALERT: Beware of W-2 Scam!, Password Protected, February 16, 2017
HIPAA Heats Up, Password Protected, June 14, 2016
10 Million Affected by Sophisticated Cyberattack, Password Protected, September 22, 2015
EMTALA in Disasters, September 3, 2009