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J. Nicole Martin

Member

: Philadelphia
One Liberty Place
1650 Market Street
Suite 2800
Philadelphia, PA 19103
P: (215) 665-2054
TF: (800) 523-2900
F: (267) 507-1568

J. Nicole Martin

Nicole assists accountable care organizations, health care systems, long term care providers (e.g., skilled nursing facilities, continuing care retirement communities), behavioral and mental health providers, medical device manufacturers, and physician practices with their compliance, regulatory, and transactional needs. Nicole’s practice includes providing clients with counsel regarding telehealth laws, HIPAA/HITECH and state privacy and security laws, data breaches, business associate and covered entity obligations, licensure laws, Medicare, Medicaid and third-party payer matters, medical staff issues, and fraud and abuse laws. Nicole also represents clients undergoing changes of ownership and changes of control, and assists them with the transactional, regulatory, and compliance requirements necessary to finalize the transactions.

Nicole earned her J.D. from Drexel University School of Law. She earned multiple degrees, including a Master of Public Health, from the University of Pennsylvania. During law school, Nicole was a judicial intern for the Honorable Jerome B. Simandle, Chief Judge of the U.S. District Court for the District of New Jersey, served as the managing editor of the Drexel Law Review, and worked at the Children's Hospital of Philadelphia as the program director of the Phoenix Language Services Program. She is also a member of the PBA Health Care Law Committee, the PBA Charitable Organizations Committee, and the PBA Women in the Profession Committee. Nicole is on the board of trustees for The Rock School for Dance Education.

Nicole is the co-editor of Cozen O'Connor's Health Law Informer blog. She co-authored a chapter on facility license issues in An Introduction to Contract and Government-Based Health Law Litigation.

Experience

News

Cozen O’Connor Elects 19 Associates to Membership

April 09, 2018

Cozen O’Connor has elected 19 associates to membership in the firm. The management committee appointed this qualified group of attorneys to membership based on demonstrated professionalism, leadership, dedication, and loyalty to Cozen O’Connor.

Jefferson Health System Legal Counsel, Raphaely, Joins Cozen O’Connor as Co-Chair of Health Care Practice Group

July 09, 2014

Cozen O’Connor continues to strengthen its focus on health care with the recent hiring of R. Christopher Raphaely, who will serve as co-chair of the firm’s Health Care Practice Group. Previously deputy general counsel for the Jefferson Health System, and general counsel to the system’s accountable care organization and captive professional liability insurance companies, Raphaely will be resident in the Philadelphia office.

Governor Wolf Signs Amendment to PA Medical Marijuana Act [Health Law Informer Blog]

July 05, 2018

On June 22, 2018 Governor Wolf signed HB 2477 (“Amendment”) into law breathing new life into Chapter 20 of the Medical Marijuana Act (“Act”), the country’s first-of-its-kind law for cannabis research. This follows Commonwealth Court Judge Patricia McCullough’s May 22, 2018 issuance of a preliminary...

Pennsylvania Medical Marijuana Program Expansion Impacts Patients, Physicians, and Dispensaries [Cannabis Alert]

April 26, 2018

J. Nicole Martin discusses the recent expansion to Pennsylvania’s Medical Marijuana program that broaden the types of products available for patients and the types of conditions that may be treated with medicinal marijuana.

Hospital Tier Status in Payor Network Agreements [Health Law Informer Blog]

March 21, 2018

Bergen County Superior Court Judge Robert Contillo issued a recent decision deemed favorable by Horizon Healthcare Services Inc. (“Horizon”) in a case involving three healthcare providers (“Providers”) that challenged Horizon’s newer tiered health coverage plan for hospitals: OMNIA. The Providers...

DOH Finalizes Temporary Regulations for Clinical Registrants and Academic Clinical Research Centers [Health Law Informer Blog]

March 16, 2018

The Pennsylvania Department of Health (DOH) published the much anticipated final version of the temporary regulations under the Medical Marijuana Act applicable to Clinical Registrants and Academic Clinical Research Centers (ACRC) in Pennsylvania (“Temporary Regulations”). The Clinical...

End of 2017 Marked by Scaling Back of Obama Era Nursing Home Financial Penalties under the Trump Administration [Health Law Informer Blog]

January 05, 2018

CMS outlined changes to the nursing home survey process in a October 2017 memo to state survey agency directors, which scaled down the use and severity of civil monetary penalties (CMPs) for certain nursing home deficiencies. Shortly thereafter, CMS released a November 2017 memo that among other...

PA DOH Releases Proposed Temporary Medical Marijuana Regulations for Doctors [Health Law Informer Blog]

April 12, 2017

Yesterday the Department of Health (DOH) released the much anticipated proposed temporary regulations for physicians that among other items, set forth requirements regarding: the physician registry, the completion by physicians of a four-hour training course, and issuing patient certifications, as...

Repeal Efforts Fail (for now): Can Obamacare Survive? [Health Law Informer Blog]

March 28, 2017

With the House GOP pulling the American Health Care Act (AHCA) due to lack of sufficient support even within its own party, Obamacare is not out of the woods. The ACA's two pillars, the individual marketplaces and Medicaid expansion, remain vulnerable and could be used as political bargaining...

Trump Takes First Step Toward Dismantling ACA and Buys Time with an Executive Order: Is it Substantive or Merely Symbolic? [Hot Button Blog]

February 01, 2017

Hours after taking the oath of office President Donald Trump signed a broadly worded executive order (“Order”) intended to minimize if not eliminate the impact of the ACA’s least popular provisions. With the Order President Trump can claim immediate action towards fulfilling a major campaign pledge...

Trump Takes First Step Toward Dismantling ACA and Buys Time with an Executive Order: Is it Substantive or Merely Symbolic? [Health Law Informer Blog]

January 23, 2017

Hours after taking the oath of office President Donald Trump signed a broadly worded executive order (“Order”) intended to minimize if not eliminate the impact of the ACA's least popular provisions. With the Order President Trump can claim immediate action towards fulfilling a major campaign pledge...

Pennsylvania Issues Grower/Processor and Dispensary Permit Applications for Medical Marijuana Program [Health Law Informer Blog]

January 23, 2017

On January 17, 2017, the Pennsylvania Department of Health (“DOH”) released grower/processor and dispensary permit applications (“Applications”), which can be found on Pennsylvania’s Medical Marijuana Program website. DOH will accept Applications from February 20 – March 20, 2017, and will begin...

Futures in Doubt of CMS’ New Mandatory Bundled Payment Models and Medicare Shared Savings Program Track 1+ [Health Law Informer Blog]

December 23, 2016

Word spread quickly Monday (December 20, 2016) about CMS’ issuance of final regulations (to be published in the Federal Register on January 3, 2017) rolling out new mandatory bundled payments models for Acute Miocardial Infarction (AMI), Coronary Artery Bypass Graft (CABG), Surgical Hip and Fracture...

House Passes 21st Century Cures Act [Hot Button Blog]

December 05, 2016

On November 30, 2016, the House overwhelmingly passed (392-26) the 21st Century Cures Act (“Bill”). The Bill moves on to the Senate next week and it is projected to pass in the Senate as well. Notably, the Bill seeks to improve upon the federal regulatory structure regarding Federal Drug...

House Passes 21st Century Cures Act [Health Law Informer Blog]

December 02, 2016

Arbitration Agreements in Nursing Homes [Health Law Informer Blog]

October 04, 2016

In a final rule published today in the federal register (“Final Rule”), CMS announced numerous changes to the consolidated Medicare and Medicaid requirements for participation for long term care (LTC) facilities (42 CFR part 483, subpart B), which take effect on November 28, 2016 (see the March 7,...

Third Circuit Puts Penn State Hershey/Pinnacle Merger on Hold [Health Law Informer Blog]

October 04, 2016

Last week, the Third Circuit Court of Appeals held that the merger between Penn State Hershey Medical Center and PinnacleHealth System, the two largest hospitals in Harrisburg, Pennsylvania, may not move forward at this time. The Court of Appeals overturned the District Court’s (Middle District of...

CMS Hears and Responds to Physician Feedback Regarding MACRA [Health Law Informer Blog]

September 09, 2016

On September 8, 2016, CMS announced in its blog that it will allow physicians to select their level of participation for the first performance year of the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”) Quality Payment Program, which begins January 1, 2017. Importantly, during the...

New Grower/Processor Regulations Released [Health Law Informer Blog]

August 22, 2016

On August 18, 2016, the Secretary of Pennsylvania’s Department of Health (“DOH”), Dr. Karen Murphy, announced that the DOH has posted draft temporary regulations (“Regulations”) focusing on the 25 medical marijuana grower/processor permits that will become available under Pennsylvania’s Medical...

OCR Announces New HIPAA Guidance on Ransomware [Cyber Law Monitor Blog]

July 18, 2016

In response to the increasing prevalence of ransomware cyber-attacks by hackers on electronic health information systems in hospitals and medical practices, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced on Monday July 11, 2016 its publication of new HIPAA...

OCR Announces New HIPAA Guidance on Ransomware [Health Law Informer Blog]

July 13, 2016

Facility License Issues

June 10, 2016

Katherine Layman, J. Nicole Martin and Dana Petrillo co-authored a chapter in An Introduction to Health Law Litigation Based on Contract and Government Claims.

Medical Marijuana in Pennsylvania: What Physicians Should Know [Health Law Informer Blog]

May 09, 2016

On April 17, 2016, Governor Wolf signed Act 16 of 2016, making Pennsylvania the 24th state (plus the District of Columbia) to legalize marijuana for medical use. The full text of the act is available here. Physicians, not surprisingly, will play a vital role in making medical marijuana available...

OCR Announces Two Significant HIPAA Breach Settlements [Cyber Law Monitor Blog]

March 24, 2016

On consecutive days, the Office of Civil Rights (“OCR”) of the Department of Health and Human Services (“HHS”) recently announced two large HIPAA breach settlements. On March 16, 2016, OCR announced that it entered into a Resolution Agreement with North Memorial Health Care of Minnesota for...

Pennsylvania Federal Court Reiterates EMTALA’s Inapplicability to Transfers of “Admitted Patients”

March 03, 2015

On February 23, 2015, the District Court in Baney v. Fick held that a patient’s complications arising from elective surgery do not fall under the purview of the Emergency Medical Treatment and Labor Act, 42 U.S.C. § 1395dd, (EMTALA). See 2015 BL 45710, M.D. Pa., No. 4:14-cv-2393 (Feb. 23, 2015). Plaintiffs, a husband and wife, alleged that the medical team managing Brian Baney’s care at Mount Nittany Medical Center should have immediately arranged for his transport to another hospital when he received an esophageal injury following an elective neurosurgical procedure at Mount Nittany Medical Center, and that the team’s care of Baney amounted to a failure to properly stabilize and properly manage Baney’s injury as required under EMTALA. However, the Baney court (citing to Torretti v. Main Line Hospitals, Inc., 580 F.3d 168, 174-75, 177 (3d Cir. 2009), dismissed the plaintiffs’ EMTALA claim with prejudice because the claim “did not fit within EMTALA’s scope.”

Your Health Flexible Spending Account Just Got a Little Less Flexible [The Field Clinic Blog]

January 03, 2013

J. Nicole Martin guest blogs on Philly.com's health law blog, The Field Clinic.

Health Law 2019	Philadelphia, PA	12/05/2018
7th Annual Health Law Year in Review	Philadelphia, PA	12/07/2016

Practice Areas

Health Care

Industry Sectors

Cannabis

Health Care & Life Sciences

Education

Drexel University, J.D., 2011
University of Pennsylvania, M.P.H., 2008
University of Pennsylvania, M.A., 2006
University of Pennsylvania, B.A., 2005

Bar Admissions

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