Introduction
Jéna Grady is a partner in Nixon Peabody’s Healthcare practice group. Before joining NP, Jéna worked at the Arizona Department of Health Services Division of Behavioral Health Services and assisted with the creation of the $500 million RFP seeking a managed behavioral healthcare organization to in part deliver integrated care to individuals with serious mental illness in one of the largest public behavioral health systems in the country. She uses her public behavioral health experience to assist providers to navigate complex regulatory and legal issues that arise while delivering behavioral health and integrated care including, but not limited to, substance use record disclosures, licensing requirements and reimbursement challenges.
My focus
HEALTHCARE TRANSACTIONS
I provide regulatory advice for private equity investments in healthcare and specializes in advising about investments in behavioral health, dental, and dermatology.
COMPLIANCE AND REGULATORY
I advise clients on Medicare and Medicaid compliance issues, unique New York regulatory challenges, scope of work and licensing issues. I also provide guidance to clients on how to comply with the Anti-Kickback Statute, the federal Stark law and state law equivalents.
HIPAA/HEALTH INFORMATION PRIVACY AND SECURITY
I assist healthcare providers and business associates, including electronic health record vendors and health information exchanges, comply with HIPAA. I also provide guidance on state and federal requirements governing the privacy of mental health information.
Looking ahead
With the continuing push to pay for value rather than volume, I expect clinical providers to initiate and develop relationships with community service providers to address social determinates of health that affect overall healthcare costs and outcomes.
/Insights
- “What to Expect in Healthcare Transactions in 2025,” Nixon Peabody and BDO Webinar, January 21, 2025
- “How to Prepare for Fundraising or a Sale – Discussion with your Outside Advisors,” Behavioral Health Tech (BHT2024) Conference, November 6, 2024
- “Behavioral Health: Understanding the New Part 2 Regulations,” Illinois Association of Healthcare Attorneys Quarterly Lecture, June 13, 2024
- “Behavioral Health M&A: The Real Value of Your Deal May be Far Less than What You Think,” The Braff Group and Behavioral Health Business Webinar, May 29, 2024
- “Disrupting Specialty Care through Virtual Care,” ATA Nexus 2024, May 5, 2024
- “What Your Outside Legal Counsel Wants You to Know Moving Forward from the COVID-19 Pandemic,” Going Digital Health's Behavioral Health Tech Conference, Phoenix, AZ, November 15, 2023
- “The Public Health Emergency is Over: Moving Forward with Telemental Health,” ATA’s Telehealth Awareness Week, September 20, 2023
- “Ask me anything,” Therapists in Tech, Webinar, May 24, 2023
- “Setting up Shop in Alternative Therapies: A Look at Establishing Practices in the Ketamine and the Psychedelics Space,” Lawline Programs, May 16, 2023
- “Hot Topics in Tele-Behavioral Health,” AHLA's Telemedicine Webinar Series Part III, April 4, 2023 (Moderator)
- “Realities on the Ground,” ATA2023, March 4, 2023
- “Part 2 proposed rules to partially align with HIPAA,” American Health Law Association, February 13, 2023 (Author)
- “What to Watch in Behavioral Health: 42 CFR Part 2 Reforms, New York Updates and BH Integration,” NYS Bar Association 2023 Annual Meeting, January 20, 2023
- “OCR issues guidance on HIPAA-compliant use of audio-only telehealth,” Employee Benefit Plan Review, October 2022
- “Highlights of DealFlow’s Healthcare Services Investment Conference 2022,” DealFlow’s Healthcare Services Investment News, September 2, 2022
- “Closing the MSO Transaction: Anticipating and Solving for Real World Obstacles,” The Healthcare Services Investment Conference, Rye, New York, August 24, 2022
- “Healthcare Payer Incentives, Cost & Transparency,” Integrated Physical & Behavioral Health Alliance Virtual Health Symposium, June 23, 2022
- “Technology and Innovative Care Delivery in Mental Health Panel,” Beazley Symposium on Health Care Law and Policy, Webinar, November 5, 2021
- “Transitioning of Behavioral Health Data Sharing and Information Exchange: A Structured Approach to Decision Making,” American Health Law Association briefing, April 9, 2021 (Co-author)
- “HHS Proposes Modifications to HIPAA Privacy Rule Aimed at Increasing Patient Access and Enhancing Data Sharing for Care Coordination,” American Health Law Association briefing, December 22, 2020 (Co-author)
- “How Physicians Can Help Patients in Recovery from Substance Use Disorders During the COVID-19 Pandemic,” Health eSource, American Bar Association, July 2020
- “The Confidentiality of Substance Use Disorder Consumer Records Regulation: An Update,” Open Minds, November 27, 2019
- “When HIPAA and Part 2 Collide: Old Challenges and New Rulemaking,” American Health Lawyers Association, Webinar, October 2019
- “Capacity and Consent to Treatment,” Fundamentals of Behavioral Health Care Law, Chapter 3, Peter J. Domas and Russell A. Kolsrud, eds., American Health Lawyers Association, 2016
In the news
- Reuters
The challenges for private equity in healthcare
Jan 1, 2025Healthcare partners Michele Masucci of Long Island and Jéna Grady of New York City, and associates Jennifer Greco and Marissa Espinoza Icochea, both of Long Island, contributed this article discussing the challenges facing private equity in healthcare, with a focus on key federal antitrust issues and state regulation of PE healthcare arrangements.
- Thomson Reuters Practical Law
Expert Q&A on the challenges for private equity in healthcare
Oct 31, 2024Healthcare partners Michele Masucci of Long Island and Jéna Grady of New York City, and associates Jennifer Greco and Marissa Espinoza Icochea, both of Long Island, contributed this article that discusses federal antitrust issues and state regulation of private equity healthcare arrangements, including material notice requirements and changes to the corporate practice of medicine rules.
- Behavioral Health Business
Rise of earnouts and seller notes in behavioral health M&A
June 3, 2024This article covers the rise of earnout provisions and seller notes in behavioral health mergers and acquisitions. Boston Corporate partner Amy O’Keefe, co-leader of NP’s Women in Dealmaking initiative, and New York City Healthcare partner Jéna Grady are quoted in this coverage from a recent webinar on the topic, discussing the gap in valuation expectations between buyers and sellers as well as healthcare regulatory risks.
HHS privacy rules for addiction treatment may add headache for providers
Feb 27, 2024New York City Healthcare partner Jéna Grady is quoted in this article, which discusses changes to 42 CFR Part 2, focused on the privacy rights of patients seeking addiction treatment care. Jéna discusses how the updated rule could result in greater enforcement and how it will affect patient privacy while ensuring better care integration.
- American Health Law Association
Addiction treatment schemes target homeless and Native Americans forcing systemic changes
Feb 7, 2024New York City Healthcare partner Jéna Grady edited this article discussing a behavioral health fraud scheme recently uncovered in Arizona, which targeted homeless individuals and Native Americans for fraudulent substance use treatment.
- New York Law Journal
Attorneys on the move
Dec 13, 2023This roundup article highlighting legal industry moves across New York State includes the appointment of Long Island partner Lindsay Maleson as Healthcare practice leader. The article also mentions Healthcare counsel Jéna Grady, Affordable Housing & Real Estate counsel Ruben Ravago, and Global Finance associate Vincent Cesare, all of New York City; and AHRE counsel and Environmental team co-leader Dana Stanton of Albany for being promoted to partner effective February 1, 2024.
- Behavioral Health Business
DEA extends telehealth flexibilities six months in a win for behavioral health advocates
May 9, 2023This article, covering the DEA’s temporary extension of telehealth flexibilities for the prescription of controlled substances after the COVID-19 Public Health Emergency ends, quotes New York City Healthcare counsel Jéna Grady on how an overwhelming number of public comments the agency received precipitated the extension. Jéna also discusses some uncertainty surrounding COVID-era rules that allowed otherwise properly registered clinicians to prescribe via telehealth without registration in each state where patients were located.
- American Health Law Association
OCR releases proposed modifications to HIPAA Privacy Rule to provide increased privacy protections for reproductive healthcare information
April 25, 2023This article discusses the recent notice of rulemaking issued by the US Department of Health and Human Services to modify the Standards for Privacy of Individually Identifiable Health Information, or Privacy Rule, under HIPAA. The article was cowritten by partners Laurie Cohen of Albany and Valerie Montague of Chicago, counsel Jéna Grady of New York City, and associates Meredith LaMaster of Chicago and Julia Cassidy of New York City, all of the Healthcare practice.
- Crain’s Chicago Business
People on the move
March 6, 2023The following article highlights notable legal industry moves across Chicago and New York include the recent promotions of Chicago Intellectual Property counsel George Dandalides, Complex Disputes counsels Christie Kurow of Chicago and Eric Ferrante of Rochester; Project Finance & Public Finance counsels Gretchen Sherwood of Chicago and Terance Walsh of Rochester; Healthcare counsels Michal Cantor of Long Island and Jéna Grady of New York City; and Rochester Corporate counsel Lena Gionnette. The Crain’s Chicago Business article also includes the arrival of Chicago Corporate associate Kelly Glynn to the firm.
- Crain’s New York Business
People on the move
March 6, 2023The following article highlights notable legal industry moves across Chicago and New York include the recent promotions of Chicago Intellectual Property counsel George Dandalides, Complex Disputes counsels Christie Kurow of Chicago and Eric Ferrante of Rochester; Project Finance & Public Finance counsels Gretchen Sherwood of Chicago and Terance Walsh of Rochester; Healthcare counsels Michal Cantor of Long Island and Jéna Grady of New York City; and Rochester Corporate counsel Lena Gionnette. The Crain’s Chicago Business article also includes the arrival of Chicago Corporate associate Kelly Glynn to the firm.
- New York Law Journal
Attorneys on the move
March 3, 2023The following article highlights notable legal industry moves across Chicago and New York include the recent promotions of Chicago Intellectual Property counsel George Dandalides, Complex Disputes counsels Christie Kurow of Chicago and Eric Ferrante of Rochester; Project Finance & Public Finance counsels Gretchen Sherwood of Chicago and Terance Walsh of Rochester; Healthcare counsels Michal Cantor of Long Island and Jéna Grady of New York City; and Rochester Corporate counsel Lena Gionnette. The Crain’s Chicago Business article also includes the arrival of Chicago Corporate associate Kelly Glynn to the firm.
- Behavioral Health Business
DEA proposal jeopardizes digital providers, limits access to care, behavioral health insiders warn
March 1, 2023New York City Healthcare counsel Jéna Grady is quoted in this article on the new telehealth restrictions proposed by the US Drug Enforcement Administration. Jéna discusses growing pains connected with the rise in telebehavioral health companies during the COVID-19 pandemic and the impact of Congress eliminating the so-called DATA waiver in its 2023 omnibus funding bill, which regulated physicians’ ability to prescribe buprenorphine.
- Behavioral Health Business
New SAMHSA proposal relaxes telehealth regulations for methadone, buprenorphine treatment
Dec 14, 2022New York City Healthcare associate Jena Grady is quoted in this article, which covers the Substance Abuse and Mental Health Services Administration’s (SAMHSA) proposal to ease telehealth regulations related to substance use disorder treatment drugs. Jena explains what the proposed changes could mean for patient access to treatment, how it could lead to more complete patient-centered care, and how the approach to take-home medication has evolved since the beginning of the COVID-19 pandemic.
- Behavioral Health Business
New act could help DOL enforce behavioral health parity laws, but payers are calling for more clarity
Oct 7, 2022New York City Healthcare associate Jena Grady is quoted in this article covering potential impacts of the proposed Mental Health Matters Act. Jena notes that the Department of Labor’s ability to impose civil monetary penalties for the first time on plan sponsors and administrators may be the most significant parity-related element of the pending legislation, and she also discusses a tri-agency report submitted to Congress this year documenting the state of behavioral health parity.
- Behavioral Health Business
‘It’s penny wise and pound foolish’: SUD treatment stakeholders slam Medicare’s coverage gaps
Sep 9, 2022New York City Healthcare associate Jena Grady is quoted in this article on Medicare coverage gaps for substance use disorder treatment. Jena explains why there’s a lack of access for Medicare recipients compared with commercial insurance plans and Medicaid, and how the Biden administration is pushing to close those gaps in its 2023 budget proposal.
- Behavioral Healthcare Executive
New regulations have potential to remove barriers to care
New York City Healthcare associate Jena Grady contributed this article outlining the new or proposed federal regulations surrounding behavioral health, and their ability to improve whole-person care delivery by permanently extending the flexibility offered during the COVID-19 pandemic.Jan 17, 2022 - Rochester Business Journal
Team from Nixon Peabody helps surgical practice expand
This feature article, focusing on NP client New York Bariatric Group’s expansion into Oklahoma and Arkansas, includes Rochester Corporate partner Lori Green and Long Island Healthcare partner Michele Masucci for leading the all-female team that advised NYBG. Lori is also quoted on how the transaction could serve as a blueprint for other medical practices looking to affiliate with a management services organization and expand. The NP team also included Rochester Corporate associate Jennifer Jovcevski, and Long Island associate Jennifer Greco and New York associate Jena Grady, both in the Healthcare group.Dec 30, 2021 - Long Island Business News
Bariatric practice expands into Oklahoma, Arkansas
This feature article, focusing on NP client New York Bariatric Group’s expansion into Oklahoma and Arkansas, includes Long Island Healthcare partner Michele Masucci and Rochester Corporate partner Lori Green for leading the team that advised NYBG. Michele is also quoted on our firm’s work with NYBG. The NP team also included Long Island associate Jennifer Greco and New York associate Jena Grady, both in the Healthcare group; and Rochester Corporate associate Jennifer Jovcevski.Dec 16, 2021 - Behavioral Health Business
Government proposes a path to address the significant unmet mental health needs that further came to light with the COVID-19 pandemic
New York City Health Care associate Jena Grady contributed this article on how the COVID-19 pandemic both exacerbated and underscored the growing mental health crisis, and how the Biden-Harris administration, along with state and local governments, is leveraging the more flexible policies adopted during the pandemic to mitigate unmet mental health needs.Sep 15, 2021 - Mergers & Acquisitions
Charlesbank Buys Stake in MB2 Dental from Sentinel
This article on investment firm Charlesbank Capital Partners’ majority-interest acquisition in MB2 Dental—a dental partnership organization with affiliated practices across 24 states—mentions the firm for the work by Health Care partners Michele Masucci and Mike Schnipper, in Long Island, and associate Jena Grady, in New York.Feb 1, 2021 - Bloomberg Law
More Changes Ahead for Substance Use Record Sharing Law
This story features New York City Health Care associate Jena Grady for her outlook on the Department of Health & Human Services’ Substance Abuse and Mental Health Services Administration’s final rule to 42 CFR Part 2 relating to substance use disorders.July 22, 2020 - Behavioral Healthcare Executive
ANALYSIS | 42 CFR Part 2 Rules Changes a Welcome Sign for Many Providers
This story features New York City Health Care associate Jena Grady for her outlook on the Department of Health & Human Services’ Substance Abuse and Mental Health Services Administration’s final rule to 42 CFR Part 2 relating to substance use disorders.July 22, 2020 - Open Minds
The confidentiality of substance use disorder consumer records regulation
New York City Health Care associate Jena Grady wrote this contributed article outlining proposed regulatory changes by the Substance Abuse and Mental Health Services Administration that aim to address the opioid crisis while maintaining confidentiality protections.Nov 27, 2019
Admitted to practice
New York
Arizona
Illinois
Education
Arizona State University, B.A., cum laude
Arizona State University, MHSM
Loyola University Chicago School of Law, J.D., Health Law Certificate, cum laude
Professional activities
- Chair, American Telemedicine Association; Telemental Health sub-committee
- Member, American Health Lawyers Association, Behavioral Health Practice Group; Privacy sub-committee
- Advisory Board Member, Integrated Physical & Behavioral Health Alliance
- Member, Clyde Burton Society
Recognition
- Selected, through a peer-review survey, for inclusion in Best Lawyers: Ones to Watch 2025 in the field of Health Care Law; listed in Best Lawyers: Ones to Watch since 2021
- Selected to Super Lawyers 2023 New York Metro Rising Stars
- Lawyers Alliance for New York 2020 Cornerstone Award Recipient
- Beazley Institute for Health Law and Policy Fellow
- Four-time CALI Excellence for the Future Award Recipient
- Second place team at the University of Maryland School of Law Health Law Regulatory and Compliance Competition
Insights And Happenings
View AllProfessionals in the Practice Area
View AllLindsay Maleson
Partner / Practice Group Leader, Healthcare- Long Island
- Office:+1 516.832.7627
- lmaleson@nixonpeabody.com
-
Jill H. Gordon
Partner / Co-chair, Life Sciences Practice- Los Angeles
- Office:+1 213.629.6175
- jgordon@nixonpeabody.com
-