Clay J. Countryman is a partner in the Baton Rouge office of Kean Miller and maintains a statewide health law practice.  He focuses his practice on advising healthcare providers on healthcare regulatory compliance and business transactions. Clay has advised a wide range of healthcare providers including national and regional hospital systems, physician group practices, acute care 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, and healthcare management companies, and healthcare trade associations. He has worked with clients in the healthcare industry to structure joint ventures and other transactions to promote business objectives that are in compliance with specific healthcare laws and regulations, such as the Stark Law and the Federal and state anti-kickback statues, Medicare and Medicaid coverage and reimbursement requirements, licensure and accrediation requirements, and the HIPPA privacy and security regulations.

Representative Experience

• Formed limited liability companies and other corporate entities on behalf of healthcare providers, including drafting and reviewing operating agreements and corporate by-laws.
• Advised healthcare providers on compliance with Louisiana state healthcare laws and regulations
  
• Worked with physician groups and other health care providers in formation of joint ventures to own and operate Diagnostic Imaging Centers, Dialysis Clinics, Long Term Care Hospitals, Rehabilitation Hospitals, Physician-Owned Specialty 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 HIPPA policies and procedures.
• Advised hospitals, imaging centers, ASC's, dialysis clinics and other providers on licensing and accreditation compliance.
• Advised hospital systems and physician groups on regulatory issues with implementation of electronic medical record systems and e-prescribing systems.
  
• Advised ambulatory surgical centers and physician-owned specialty hospitals regarding the changes to Medicare coverage and reimbursement policies.
• Provided advice to various healthcare providers regarding managed care contracting and network provider agreements with HMOs and PPOs.
• Worked with several physician groups, hospitals and other healthcare providers to create and implement forms, policies and procedures to comply with the HIPPA privacy and security regulations.
  
• Provide regulatory advice on an ongoing basis to several physician practices in different specialties, including Orthopedists, Cardiologists, Neurologists, Gastroenterologists, OB/GYNs, Psychiatrists, Pediatricians, Internists, Family Practitioners and Multi-Specialty Clinics.

Education

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

Admissions

• Admitted to Louisiana bar.

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.

Community Service

• Board of Directors, St. Vincent de Paul
• Arthritis Foundation of Louisiana, Board Member

Articles, Publications and Presentations

Healthcare Notes, June 2004
Healthcare Notes, August 2004
Health Law Notes, February 2005
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
Healthcare Notes, January 2004
Health Law Notes, Summer 2005
Health Law Notes, Winter 2006
Health Law Notes, May 2006

Authorships

Clay Countryman 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