Erin Brisbay McMahon

Email Erin |  859-333-7410  |  CV

*Affiliated with Coppersmith Brockelman PLC on designated matters; admitted in Kentucky

A seasoned health care and corporate law attorney, Erin focuses her practice on assisting clients with privacy and information security issues, including HIPAA compliance, and with a wide array of corporate transactions.

Erin has served as in-house data privacy counsel to a global company; before that, she was a partner in a large regional law firm for eleven years. Over the course of her career, she has advised start-up companies, hospital systems and other health care providers, manufacturers, governmental entities, insurance and managed care companies, and medical device companies on a variety of issues, including health care compliance, health insurance and managed care, employment, contracting, corporate structuring, and litigation matters.

Erin has worked collaboratively with health care providers and employer-sponsored health plans to develop effective privacy, security, and data breach notification policies, template forms, notices of privacy practices, and privacy processes, drafted and negotiated HIPAA business associate agreements on behalf of covered entities and on behalf of business associates, conducted HIPAA privacy audits, advised on uses and disclosures of information and whether they amounted to a reportable breach under applicable law or contract, managed and coordinated data breach responses, including drafting letters to affected individuals and regulators and working with cyberinsurance breach coaches, forensic investigators, and clients to mitigate harm, and assisted clients in responding properly to subpoenas and other types of requests for health information.

Erin has also drafted and negotiated numerous agreements, including EHR (electronic health record), PACS (picture archiving and communication system), and other information technology agreements; Software as a Service (SaaS) agreements; master services agreements, employment and non-competition agreements; asset purchase agreements (including purchases of physician practices and pharmacies); redemption agreements; and LLC operating agreements.

Erin has served as an adjunct faculty member at Transylvania University, where she taught Business Law, and at the University of Kentucky College of Law, where she taught Health Care Law.

Awards & Recognitions

  • Woodward/White’s Best Lawyers in America®: Health Care (2011-2017)
  • Martindale-Hubbell® AV Rated: Health Care Law, Business Law, Data Privacy and Security
  • Kentucky Academy of Physician Assistants: Honorary Physician Assistant of the Year (2002)

Publications & Presentations

  • Presenter, “A Framework for Breach Response for Covered Entities and Business Associates,” sponsored by Clearwater Compliance LLC (June 2018)
  • Facilitator, “What to Expect When the State Attorney General Asks About Your HIPAA Compliance,” sponsored by Clearwater Compliance LLC (May 2018)
  • Co-presenter, “Data Privacy and Security: Hot Topics for Educators,” sponsored by Wyatt, Tarrant & Combs, LLP (Oct. 2016)
  • Co-presenter, “OCR HIPAA Audits: What You Need To Know Now,” sponsored by the UK/CLE Health Law Institute (Sept. 2016)
  • Presenter, “Legal Considerations Surrounding Cybersecurity,” sponsored by the Central Kentucky Association of Health Underwriters (Mar. 2016)
  • Author, “Health Insurance Portability and Accountability Act (HIPAA) Privacy Regulations for Physicians and ASCs,” in Essentials of Practice Management: Billing, Coding and Compliance in Interventional Pain Management (Laxmaiah Manchikanti, M.D. & Frank J.E. Falco, M.D. eds., 2012)
  • Author, “Health Insurance Portability and Accountability Act (HIPAA) Security Standards for Physicians and ASCs,” in Essentials of Practice Management: Billing, Coding and Compliance in Interventional Pain Management (Laxmaiah Manchikanti, M.D. & Frank J.E. Falco, M.D. eds., 2012)
  • Author, “Health Insurance Portability and Accountability Act (HIPAA) Enforcement and Liability Issues,” in Essentials of Practice Management: Billing, Coding and Compliance in Interventional Pain Management (Laxmaiah Manchikanti, M.D. & Frank J.E. Falco, M.D. eds., 2012)
  • Author, “Implementation Strategies for Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Data Breach Notification Requirements,” in Essentials of Practice Management: Billing, Coding and Compliance in Interventional Pain Management (Laxmaiah Manchikanti, M.D. & Frank J.E. Falco, M.D. eds., 2012)
  • Author, “Health Insurance Portability and Accountability Act (HIPAA) Data Breach Reporting Requirements,” in Essentials of Practice Management: Billing, Coding and Compliance in Interventional Pain Management (Laxmaiah Manchikanti, M.D. & Frank J.E. Falco, M.D. eds., 2012)

(SEE CV FOR COMPREHENSIVE LIST OF PUBLICATIONS AND PRESENTATIONS)

Activities & Memberships

  • Member, Fayette County (KY) Bar Association
    • Director-at-Large (May 2004-Apr. 2006)
    • Auditor (May 2006-Apr. 2007)
    • Secretary (May 2007-Apr. 2008)
    • Treasurer (May 2008-April 2009)
    • President Elect (May 2009-Apr. 2010)
    • President (May 2010-April 2011)
    • Immediate Past President (May 2011-Apr. 2012)
    • Duncan Trustee (May 2011-Apr. 2016)
    • Member, Health Law Section (Former Chair 2002-2005)
    • Member, Women Lawyers Association (Former President 1998-1999)
  • Fayette County (KY) Bar Foundation Board of Directors, May 2009-Apr. 2012
  • Fayette County (KY) Bar Association Pro Bono Program
    • Chair (June 2009-May 2010)
    • Vice-President (June 2010-May 2011)
    • Board of Directors (June 2011-Apr. 2012)
  • Member, Transylvania University Bluegrass Alumni Club
  • Former Vice President (1999-2000)
  • Former President (2000-2001)
  • Transylvania University, Alumni Executive Board (Apr. 2002-Apr. 2006)
  • Member, Transylvania University Women’s Club (Sept. 2009-Aug. 2011)
    • Vice President, 2010-2011
  • Leadership Lexington, 2006-2007
  • Member, Association of Corporate Counsel (2017-2019)
  • Member, Blue Grass Medical Group Management Association (Jan. 2012-Dec. 2016)
  • Member, Professional Women’s Forum (1997-2003, 2008-2011)
  • Member, Versailles Montessori School Fundraising Committee (Aug. 2013-May 2016)
  • Member, Chamber of Commerce Council of Smaller Enterprises Committee (1997-1999)
  • Judged University of Kentucky Mock Trial Competition (Jan. 2015)
  • Spoke to University of Kentucky undergraduates regarding the JD/MHA Dual Degree Program (Apr. 2015)
  • Taught a HIPAA class in the health law course, University of Kentucky Law School (2017-2018)

Clerkship

  • Jennifer B. Coffman, U.S. District Court for the Eastern and Western Districts of Kentucky

Education & Bar Admissions

  • D., College of William & Mary Marshall-Wythe School of Law, 1991 (graduated Order of the Coif)
  • A., Transylvania University, History and Political Science, summa cum laude with honors, 1988
  • Admitted in Kentucky (1991)