• vcard
  • Education
    • J.D., University of Tennessee College of Law, 2012, cum laude, Executive Editor, The Tennessee Journal of Law and Policy, Vice Chair, Tennessee Law Moot Court Board, Academic Excellence Awards in Business Torts and Legal Writing
    • B.B.A., Belmont University, 2008
  • Court Admissions
    • U.S. Court of Appeals, Sixth Circuit
    • U.S. District Court, Eastern District of Tennessee
    • U.S. District Court, Middle District of Tennessee

Josh Arters leverages a deep understanding of the issues health care entities encounter in the constantly-evolving health care industry to serve health care providers’ business and legal objectives. Josh has experience representing a diverse group of health care entities, including premier profit and not-for-profit hospital systems, hospital associations, ambulatory surgery centers, air ambulance service providers, specialty providers, national physician groups, ancillary service providers, and medical device companies. Josh’s practice focuses on managed care disputes, strategies, and litigation, which is supported by nearly a decade of experience assisting clients ascertain tailored solutions to complex commercial disputes through strategic negotiation, mediation, arbitration, and litigation in state and federal courts across the United States.

Josh counsels clients on a broad range of commercial and managed care matters, strategies, and disputes, including:

  • Underpayments and denials
  • Recoupments and offsets
  • Commercial payor audits
  • Network contracting
  • Out-of-network reimbursement
  • Code-editing and downcoding policies
  • Medical device coverage policies
  • State Medicaid assessments
  • Surprise and balance billing
  • Health care transparency
  • COVID-19 issues
  • Represented national air ambulance company in multiple putative federal class actions pending in federal district courts across the country involving challenges to the provider’s charges for emergency air ambulance services
  • Assisted various national ancillary service providers develop sound business solutions to achieve operational compliance with existing and putative state and federal balance billing legislation through the development of innovative policies and strategies
  • Represented national ancillary service provider in a complex contractual dispute with third-party medical billing vendor involving, among other issues, questions pertaining to the applicability of state trade secrets laws to medical information and billing processes
  • Represented medical device companies specializing in intraoperative neuromonitoring and other specializations on a national basis in challenging payor medical coverage policies
  • Represented large hospital system against a commercial insurer for underpaying thousands of out-of-network claims for emergency services
  • Represented a group of hospitals in arbitration against major commercial payor to establish rates for out-of-network claims for emergency services
  • Blackwell v. Sky High Sports Op., LLC, 523 S.W.3d 624 (Tenn. Ct. App. 2017) Represented a youth sports facility in a dual interlocutory appeal before the Tennessee Court of Appeals involving the enforceability of a parental liability release as to a claim for medical expenses, and persuaded the court to depart from its most-recent reported decision and affirm the trial court’s holding that a minor is barred from asserting claim for pre-majority medical expenses if mother had executed a liability release
  • Blue Water Bay at Center Hill, LLC v. Hasty, No. M2016-02382-COA-R3-CV, 2017 WL 5665410 (Tenn. Ct. App. Nov. 27, 2017) Represented the client before the Tennessee Court of Appeals in a complex commercial dispute concerning the arbitrability of claims related to a commercial loan guaranty, and obtained a complete reversal on first-impression equitable grounds including the issue of whether a signatory to a personal guaranty containing an arbitration contract can avoid arbitration on claims with a nonsignatory
  • In a trade secrets dispute involving foreign corporations and their U.S. affiliates, assisted the client reach a confidential settlement after obtaining a favorable ruling on an issue of first-impression regarding the application of California trade secrets law to suit pending in a federal court in Tennessee
  • As lead counsel, successfully represented national franchisee of an international franchisor in a matter exposing the client to potential liability exceeding $10M
text icon Publications & Presentations
Strategies for Addressing New Price Transparency and Surprise Billing Laws
Speaker, Polsinelli 2021 Health Care Reimbursement Summit
February 23, 2021
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The "No Surprises" Act: Congress Enacts Legislation to End Surprise Medical Billing in Omnibus Year-End Spending Bill
Co-Author, Reimbursement and Payor Dispute Update
February 2021
text icon Publications & Presentations
Co-Author, COVID-19 Blog
August 18, 2020
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Prepare your Business for Reopening in the Next Normal
Speaker, Nashville Chamber of Commerce
May 7, 2020
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Co-Author, Polsinelli Reimbursement Team Quarterly Newsletter
February 2020
text icon Publications & Presentations
Belmont Law Review Recreation Law Discussion – A Conversation on Blackwell v. Sky High Sports Nashville Operations, LLC and Issues in Tort Law in Tennessee
text icon Publications & Presentations
Joshua Arters & Ben Rose, Kindly Remove My Child From the “Bubble Wrap” – Analyzing Childress v. Madison County and Why Tennessee Courts Should Enforce Parental Pre-Injury Liability Waivers
11 Tenn. J. L. & Pol’y 8
Fall 2016