Jonathan M. Joseph

Partner
BIO
EXPERIENCE
EDUCATION
AFFILIATIONS
RECOGNITIONS
INSIGHTS & NOTABLES

Jonathan M. Joseph is a partner in Christian & Barton’s Health Care and Business Law practice groups. As a health lawyer, Mr. Joseph focuses his practice on health care transactions, managed care, and HIPAA compliance and investigations.  He assists clients with drafting physician contracts and review of physician employment agreements, and also advises clients on medical staff issues; telemedicine and electronic health record and data breach issues; Virginia Board of Medicine investigations and hearings and orders; Medicare and Virginia Medicaid (DMAS) Managed Care Organizations (MCOs) provider contracting, reimbursement, and audit and appeal issues; and Virginia Department of Health Certificate of Need, in Virginia known as Certificate of Public Need (COPN), matters. 

Mr. Joseph leads the firm's Health Care practice group and is a member, and former chair, of the Virginia Bar Association Health Law Section Council.  In addition, he is a former adjunct professor of health law for the Master of Health Administration program at Virginia Commonwealth University.

PRACTICE AREAS
Health Care
Business Organizations and Corporations

ADMISSIONS
• Virginia
• Pennsylvania
• District of Columbia

Representative Health Law Matters
• Drafted innovative provider contracts for use in managed care contracting, including value based care agreements.
• For several years, served as interim in-house legal counsel for large integrated health care organizations.
• Handled various Virginia Medicaid and Medicare audits and appeals.
• Advised client on terms of vendor software agreements where arrangements are software as a service (SaaS) and records are maintained through cloud storage.
• Advised investor on purchase of an interest in a medical practice.
• Advised telemedicine providers on DEA, Board of Medicine and Board of Pharmacy matters.
• Assisted in the purchase of a home health agency.
• Advised on a data breach of health records system and subsequent governmental investigation.
• Assisted remote monitoring company in contract development.
• Assisted an ambulatory surgery center with a Certificate of Need application.
• Represented telehealth companies, including companies involved with mHealth.
• Advised a physician group concerning a merger with another group.
• Advised physician on medical peer review matters.
• Advised on a management agreement for an assisted living facility.
• Assisted a nursing facility in Medicare Zone Program Integrity Contractor (ZPIC) appeal.
• Advised provider on Recovery Audit Contractor (RAC) audit.
• Assisted medical school with establishing a clinic.
• Advised a physician whose license was suspended by the Virginia Board of Medicine. 
• Serves as counsel to several public health care authorities.

Boston University School of Law, J.D.
Case and Note Editor, American Journal of Law and Medicine

Middlebury College, A.B, Political Science
Cum Laude

PROFESSIONAL AFFILIATIONS

Virginia Bar Association
• Health Law Section, Council Member and Former Chair

American Bar Association
• Health Law Section

American Health Lawyers Association Arbitrator
• Certified Neutral for Alternative Dispute Resolution in Health Care Matters

Local Government Attorneys of Virginia

COMMUNITY INVOLVEMENT

• Mr. Joseph is currently the board chair of a nonprofit home health agency serving the Hampton Roads and Central Virginia areas, and he is the former chair of the Board of Governors of a Virginia nonprofit nursing and assisted living facility. He previously served as chair of the board’s Finance Committee. In addition, Mr. Joseph organized and serves as legal coordinator for the Virginia Bar Association initiative for pro bono services to Virginia’s free clinics.

 

Martindale-Hubbell
• AV Preeminent® Peer Review Rated

The Best Lawyers in America©  
• Health Care, 2012-2022

Virginia Super Lawyers
• Health Care, 2010-2021

Legal Elite (Virginia Business)
• Health Law, 2005-2011, 2013, 2015-2020

SELECT PUBLICATIONS
• Preparing Your Business for Compliance with Virginia’s New Consumer Data Protection Act, 2021
Virginia Board of Medicine Investigations and Hearings, 2021
• Key Provisions of the CARES Act Impact Health Care Providers, 2020
• Families First Coronavirus Response Act and What Employers Need to Know, 2020
• "RAC, ZPIC, WHATSIT? What You Need to Know About Medicare Audits and Appeals," Virginia Health Care Association-Virginia Center for Assisted Living Legal Quarterly, Winter 2016
• “Data Breach Notification Laws: A Fifty State Survey, Second Edition,” American Health Lawyers Association, 2015

SELECT PRESENTATIONS
• "21st Century Cures Act: Information Blocking and Provider Responsibilities," 2021
• "Physician Employment Contracts," 2020
• "Navigating the Virtual Behavioral Telehealth Delivery Maze," Virginia Association of Community Services Boards Public Policy Conference, 2020
• "42 CFR Part 2, Confidentiality in SUD Programs: What You Don't Know Can Hurt Your Patients," Virginia Association of Community Services Boards Public Policy Conference, 2020
• “DMAS Electronic Visit Verification Framework,” Virginia Association of Personal Care Providers Annual Education Conference, 2019
• “Health Record Laws in Virginia: A Compliance Primer,” Virginia Association of Free and Charitable Clinics Annual Conference, 2019
• “Medical Marijuana in Virginia—New Territory for Providers and Employers,” Virginia Association for Home Care and Hospice Annual Conference, 2019
• “Medicaid Audits and Appeals: New Challenges, New Approaches,” Virginia Association of Personal Care Providers Spring Conferences, 2018
• “Medicaid Audit Issues and Effectively Handling Appeals,” LeadingAge Virginia’s Adult Day Health Care Council, 2018
• “Applying Health Care Privacy Laws to Child Welfare,” DSS Counsel and the Courts Conference, 2018
• “Medicaid Fraud Investigations of Personal Care Providers—What You Need to Know,” Virginia Association of Personal Care Providers Annual Education Conference, 2018
• “Legal Issues Involved in Buying and Selling A Personal Care Provider Business,” Virginia Association of Personal Care Providers Annual Education Conference, 2017
• “Online Counseling Hits Prime Time, But Legal Pitfalls Await: The New World of Telemental Health,” American Bar Association’s 18th Annual Conference on Emerging Issues in Healthcare Law, 2017
• “Making Sense of Medicare Audits,” LeadingAge Virginia Annual Conference, 2016