Clay Countryman is a partner in the Baton Rouge office of Kean Miller.  He concentrates his practice on health care regulatory and business matters with a focus on fraud and abuse, reimbursement from third-party payers, and health information privacy and security requirements. Clay has advised a wide range of health care providers including national and regional hospital systems, physician group practices, hospitals (including rural hospitals, physician-owned specialty hospitals and long-term care hospitals), diagnostic imaging facilities, ambulatory surgical centers, physical therapy providers, nursing homes, pharmacies, health care management companies, and health care trade associations.  He has worked with clients in the health care industry to structure joint ventures and other transactions to promote business objectives while in compliance with specific health care laws and regulations, such as the Stark Law, the Federal and state anti-kickback statutes, Medicare and Medicaid coverage and reimbursement requirements, licensure accreditation requirements, and the HIPAA privacy and security regulations. 

Representative Experience

• Advised health care providers on compliance with Louisiana state health care laws and regulations.
  
• Worked with physician groups and other health care providers in the formation of joint ventures to own and operate diagnostic imaging centers, dialysis clinics, hospitals, ambulatory surgical centers, cancer treatment centers and physician therapy providers.
• Drafted and reviewed several types of transactional documents, including professional service agreements, employment agreements, physician recruitment agreements, medical director agreements, third-party billing agreements, management agreements, and HIPAA policies and procedures.
• Advised hospital systems and physician groups on regulatory issues with implementation of electronic medical record systems and e-prescribing systems.
  
• Provided advice to various health care providers regarding managed care contracting and network provider agreements with HMOs and PPOs.
• Worked with several physician groups, hospitals and other health care providers to create and implement forms, policies and procedures to comply with the HIPAA privacy and security regulations.
  
• Provided regulatory advice to several physician practices in different specialties, including orthopedists, cardiologists, neurologists, gastroenterologists, OB/GYNs, psychiatrists, pediatricians, internists, family practitioners and multi-specialty clinics.
• Formed limited liability companies and other corporate entities on behalf of health care providers, including drafting and reviewing operating agreements and corporate by-laws.
• Drafted Business Associate Agreements and Data Use Agreements to meet applicable requirements of the HIPAA privacy and security standards related to the exchange of health care information.
• Worked with several health care providers to develop and implement a corporate compliance program.
• Prepared a HIPAA preemption analysis comparing the requirements of the HIPAA privacy and security standards to state statutory and regulatory requirements related to health care information.
• Advised several hospital-based physician groups, including anesthesiologists, radiologists and pathologists, regarding exclusive agreements with hospitals.
  

Education

Clay earned his J.D. from Loyola University of New Orleans. He earned his B.B.A. from the University of Oklahoma.

Admissions

• Admitted, Louisiana, 1994
  

Memberships

• American Bar Association, Louisiana State Bar Association
• American Health Lawyers Association
• Louisiana Medical Group Management Association
• Louisiana Hospital Association, Society of Hospital Attorneys
• Health Care Compliance Association
• Healthcare Financial Management Association
• Louisiana Healthcare Financial Management Association.

Articles, Publications and Presentations

Office for Civil Rights Issues "Interim Final" Regulations Requiring Individuals to be Notified of Breaches of Their Health Information, Louisiana Law Blog, August 2009
Federal Trade Commission Extends Enforcement Deadline of Red Flag Rules to November 1, 2009, Louisiana Law Blog, July 2009
Federal Appeals Court Finds the Provision of Free Office Space, Supplies and Equipment to Anesthesia Group Does not Meet an Exception to the Stark Law, Louisiana Law Blog, March 2009
OIG Issues Advisory Opinion on Part-Time Physicians Employment Agreements, Louisiana Law Blog, December 2008
Health Law Notes, Winter 2006
Health Law Notes, May 2006
Health Law Notes, February 2005
Health Law Notes, Summer 2005
Healthcare Notes, January 2004
Healthcare Notes, June 2004
Healthcare Notes, August 2004
Entrepreneurial Medicine
Number of Non-Profit Hospitals Sued in Charity Care Class Actions Continues to Grow
From Bedside to Business
Phase II of the Final Stark Regulations:
HIPAA and the Effect of Privacy Standards on CPAs AND The Effect of the Stark Law on Corporate Organization of Physician Practices

Community Service

• Board of Directors, St. Vincent de Paul

Authorships

Clay is a frequent author and lecturer on health care regulatory and business topics to national and local audiences. Some of his publications include:

• Physician Practice Compliance Resource Manual, Aspen Publishing, January 2001.
• HIPAA Compliance Handbook, Aspen Publishing, March 2001.
• Managed Care Litigation Book, Prompt Pay Litigation and Related Issues and Federal Benefit Claims Procedures (affecting ERISA plans), published by BNA, September 2005.
• Health Care Controllers Manual, Thomson Reuters Publishing, 2009.