Polsinelli

Departments

Practice Areas

Phone: 816.360.4202
Fax: 816.753.1536

Jay M. Howard

Shareholder

Drawing on his Master of Laws degree in Health Care Law, Mr. Howard concentrates on day-to-day general health care regulatory issues and corporate transactions representing hospitals, physicians, ambulatory surgery centers, long-term care providers and academic medical centers.

Both hospitals and physicians work with Mr. Howard to address and resolve risk management issues, including medical staff issues, reimbursement disputes, corporate compliance, general service agreement contracting, and the defense of health care regulatory challenges by state licensure boards and federal agencies.  Mr. Howard regularly counsels clients regarding structuring business transactions in compliance with anti-kickback and Stark self-referral prohibitions. 

Physician groups consult with Mr. Howard on employment agreements and issues, shareholder agreements, managed care contracts, prompt payment issues, and general contract legal issues arising out of the day-to-day operations of a physician practice. 

Memberships and Affiliations

  • American Health Lawyers Association
  • American Bar Association, Health Law Section 
  • American Society of Medical Association Counsel
  • Kansas Bar Association, Past President, Health Law Section 
  • Kansas Association of Hospital Attorneys, Past President 
  • Greater Kansas City Society of Health Care Attorneys

Distinctions

  • AV® Peer Review Rated Martindale Hubbell
  • Selected for inclusion in The Best Lawyers in America® 2011-2013, Health Care Law
  • Listed in Missouri and Kansas Super Lawyers, Health Care
  • Listed in Kansas City Business Journal's "Best of the Bar," Health Care

Experience

  • Advising AMCs including teaching hospitals and faculty practice plans to structure funds flow in compliance with fraud and abuse laws.
  • Advising AMCs to implement physician practice integration and alignment strategies.
  • Advising AMCs to participate in new and evolving private and governmental payment structures.
  • Advising AMC components in affiliation agreement negotiation and implementation.
  • Representation of providers in managed care disputes arising out of contract and noncontract facts, including exclusion and payment rate disputes.
  • Defending alleged EMTALA violations.
  • Handle government audits and related corporate compliance plan design, drafting and investigations.
  • Structuring hospital-physician business joint ventures and advising regarding anti-kickback and self-referral laws.
  • Resolve multiple medical staff disputes and related hospital-physician relationship issues.
  • Joint venture ASC and Imaging Centers mergers, acquisitions and sales.
  • Drafting and negotiating physician recruitment agreements.
  • Acquisition and merger of physician-to-physician practices.
  • Advice regarding the formation and operation of GPOs in compliance with regulatory guidance including Anti-kickback, tax, Stark and antitrust laws.

Publications & Presentations

2013
Panelist, American College of Healthcare Executives
2010
Presented to Kansas Hospital Association
2005
2004