• vcard
D 816.360.4202
F 816.753.1536
  • Education
    • LL.M. - Health Care, Loyola University-Chicago, 1994, Annals of Health Law, Research Fellowship Staff
    • J.D., Washburn University School of Law, 1993, Dean's Honors; Washburn Law Journal, Staff
    • B.A., University of Kansas, 1990
Jay has more than 25 years of experience representing health care clients, often serving in an outside general counsel role to collaborate with and support in-house colleagues. Drawing upon his Masters of Law in Health Care, Jay focuses his efforts on health care legal issues and corporate transactions arising out of the representation of academic medical centers (“AMCs”), hospitals, physician groups, laboratories, ambulatory surgery centers, group purchasing organizations, home health, hospice, and long term care providers. Jay enjoys extensive experience providing day-to-day legal counsel to the unique components of the AMC provider, including the teaching hospital, faculty practice plan, and schools of medicine to assist their day to day mission driven activities.
 
Jay works to fully understand each clients’ short and long-term business objectives, and make the effort to anticipate the implications of changes in the law for our clients. He is known for being passionate about offering timely, responsive, and cost-effective legal advice, solutions, and business oriented real world answers. His goal is to develop mutually rewarding, long-term relationships with each client who trusts him with an assignment. Jay is honored to provide services in a wide range of legal matters including:
  • AMC affiliation agreements, clinical alignment and faculty integration transactions, and joint ventures.
  • AMC funds flow transactions.
  • Formation and operation of clinically integrated networks.
  • AMC operational legal issues including accreditation, Higher Learning Commission, Commission on Collegiate Nursing Education, LCME, GME, and ACGME programs and compliance.  
  • Strategic outreach and contractual management of affiliation agreements between AMCs and community hospitals, including clinically-integrated networks.
  • Representation related to Joint Commission survey, accreditation, compliance, and review and appeal procedures. 
  • Draft and negotiate physician service line relationships, business joint ventures, and affiliation and management agreements.
  • Strategic business contracts, including PSAs, medical directors, support agreements, recruitment, management, joint venture, and payor arrangements.
  • Regulatory due diligence expertise with corporate transactions, including hospital affiliations, and physician hospital alignment models.
  • Complex fraud and abuse counseling, including Stark, Anti-Kickback, False Claim, and Qui Tam issue resolution.
  • Formation of shared services partnerships between providers and payors to share services in operations, population health, and clinical improvement.
  • Supply chain and group purchasing legal issues.
  • Medical staff and peer review matters.
  • Reimbursement including conducting internal investigations, addressing overpayment and self-disclosure issues, and defending against audits.
  • Risk management, including EMTALA and defense of state and federal agency enforcement activities.
  • Service as day to day outside general counsel to multiple major AMCs to provide support as requested.
  • Secured first OIG Advisory Opinion approving financial funds flow between components of AMC.
  • Create Residency Program Participation Agreements with Consortium.
  • Worked with major academic medical center on issues related to Level 1 Trauma Designation.
  • Resolve resident moonlighting issue in compliance with applicable guidance. 
  • Represented large tertiary care facility to establish patient-centered medical home and alternative payment delivery mechanism with payor.
  • Represented government hospital to acquire large OP cancer clinic and medical/radiation oncology practice to create main IP and OP cancer program recognized by National Cancer Institute (NCI) designation.
  • Represented AMC in integration of faculty practice plan to align hospitals and physician clinical operations, including affiliation agreement with School of Medicine partner.
  • Represented large hospital system to design, complete regulatory analysis, and implement clinically integrated network with major healthcare payor to achieve shared savings arrangement.
  • Represented large and small physician practice to negotiate practice separation.
  • Represented hospital medical staffs in all aspects of peer review including bylaw drafting, investigations, informal and formal corrective actions, and any required reporting obligations.
  • Represented major AMC Teaching Hospital to resolve dispute related to alleged breach of management agreement governing operation of joint venture diagnostic cath lab.
  • Represented publicly traded pharmacy to successfully resolve state Medicaid program alleged overpayment arising out of provision of high cost drugs.
  • Represent large regional group purchasing organization created by hospital owners in corporate formation, outsourcing contract, regulatory compliance, antitrust, and tax-exempt guidance.