Erin S. Whaley

Erin represents health care providers and payers on the full spectrum of legal issues they confront on a daily basis. Her regulatory experience includes advising clients on compliance with the plethora of federal laws that govern the health care industry, including Stark, the Anti-Kickback Statute (AKS), the False Claims Act, and HIPAA, as well as state laws including state licensure, corporate practice of medicine, and certificates of need. In addition to proactively addressing compliance needs and structuring transactions to comply with the complex regulatory framework, she assists clients with investigations and resolving compliance concerns.

Erin’s understanding of the health care landscape allows her to provide valuable advice and guidance on significant corporate matters such as mergers and acquisitions, commercial contracting, physician contracting, and joint venture opportunities. She works closely with her clients to understand their business objectives and help them meet those objectives while remaining compliant with the law.

As a complement to her traditional health care practice, Erin has developed a niche focus in health information technology. Her health IT experience includes representing providers in the negotiation of various health IT contracts involving, among other things, electronic health records, revenue cycle management, population health, and telehealth. She also represents health IT companies on corporate and regulatory issues, including customer contracting, joint ventures, funding opportunities, privacy and security compliance (including HIPAA and state laws), AKS compliance, and compliance with various state laws, including corporate practice of medicine and telehealth. Her experience representing both providers and IT vendors gives her unique insights that benefit her clients.

Erin has co-authored many publications on health care-related topics and has been featured in various news publications based on her deep knowledge of the industry and the laws and regulations that govern it.

Compliance

• Advises health care management service organizations (MSOs) and health care management companies on corporate-practice-of-medicine, fee splitting, and reimbursement issues.
• Advises telehealth companies on program development and rollout in compliance with the Anti-Kickback Statute, the Stark law, state licensure, and reimbursement laws.
• Conducted numerous multistate surveys on state law licensing issues and Medicaid participation for a nationwide specialty health care provider.
• Serves as outside general counsel for hospitals and physician groups advising on all health care regulatory issues.
• Developed HIPAA compliance program for covered entities and business associates.

Transactions

• Advised a gastroenterology group practice on the sale of a minority interest in the company to a private equity investor.
• Represented a dermatology practice on its acquisition by a private equity company.
• Advised client Dorilton Capital’s portfolio company Traditions Health, LLC in its acquisition of two Oklahoma home health agencies, Traditions Home Care and Secure Home Care.
• Performed regulatory diligence and assisted in the change-of-ownership process in connection with the acquisition of a large durable medical equipment supplier.
• Developed the customer contracting framework for a health IT vendor.

Investigations

• Led an investigation for a medical billing company on billing irregularities and the resolution of compliance issues.
• Advised a hospital on its response to a Civil Investigative Demand from the Department of Justice related to potential AKS and Stark issues.

Certificate of Need

• Successfully obtained a certificate of public need for 84 additional acute care and ICU beds at the University of Virginia Medical Center.
• Prevailed in obtaining a certificate of public need for the establishment of a new rehabilitation hospital, Sheltering Arms Institute, in Richmond, VA.
• Prevailed in obtaining a certificate of public need for Children’s Hospital of the King’s Daughters to add new pediatric mental health beds in Norfolk, VA.

• Chambers USA: Healthcare, Virginia (2025)
• Best Lawyers in America®: Health Care Law (2021-2026)
• Super Lawyers: “Rising Star” Virginia (2021)
• Thomson Reuters Stand-out Lawyer (2017-2018, 2020-2021) – independently rated lawyers
• Virginia Lawyers Weekly: Influential Women of Law (2021)
• Virginia Business Magazine: “Legal Elite” in Health Law (2019-2023)
• National Law Journal: “Trailblazer” in Health Care and Life Sciences (2020)
• Law & Politics’: “Rising Star” in Health Care Law (2013-2018)