Clay J. Countryman Partner—Baton Rouge Phone: 225.381.8037 Fax: 225.376.5619 clay.countryman@bswllp.com

Back to Listings

Clay Countryman is a partner in the Baton Rouge office of Breazeale, Sachse & Wilson, L.L.P. He practices in the area of healthcare law, mainly healthcare regulatory and business matters with an emphasis on joint ventures, fraud and abuse, compliance, and health information privacy and security requirements.

Clay has served as legal counsel to an extensive list of healthcare providers, ranging from national and regional hospital systems, physician group practices, and hospitals (including rural hospitals, physician-owned specialty hospitals and long-term care hospitals), to diagnostic imaging facilities, ambulatory surgical centers, physical therapy providers, nursing homes, pharmacies, healthcare management companies, and healthcare trade associations.

He has assisted clients in the healthcare industry with structuring joint ventures and other transactions to promoting business objectives while meeting compliance requirements of specific healthcare laws and regulations, such as the Stark Law, the Federal Anti-Kickback Statutes, Medicare and Medicaid coverage and reimbursement requirements, licensure accreditation requirements, and federal and state privacy and security requirements.

Education

University of Oklahoma, B.B.A.

Loyola University New Orleans School of Law, J.D.

Admissions

Louisiana, 1994

Memberships

American 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 Ambulatory Surgery Association

Publications

“OIG Issues Favorable Opinion on Online Medical Information Sharing and Referral Database Service”, Louisiana Hospital Association Impact Monthly Newsletter (January 2012).

Author of “CMS Addresses Data Sharing and HIPAA Privacy Compliance in the Final ACO Rule,” ABA Health eSource, ACO Special Edition, (December 8, 2011).

“OIG Issues Favorable Advisory Opinion on Neurology Telemedicine Arrangement”, Louisiana Hospital Association Impact Monthly Newsletter (November 2011).

Contributing Author, Health Care Controllers Manual, Thomson Reuters Publishing, 2009

Contributing Author of Managed Care Litigation Cumulative Supplement, BNA (2009).

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.

Presentations

“Managed Care Contracting”, Baton Rouge Medical Group Management Association (August 11, 2011).

“Challenges for Physician Practices Since Healthcare Reform in 2010”, and “Alignment Strategies for Physicians and Hospitals After Healthcare Reform”, Greater New Orleans Medical Group Management Association 2011 Compliance Boot Camp (September 15, 2011).

“Navigating Fraud and Abuse Issues with Healthcare Reform and Other ASC Business Relationships”, 2010 Gulf States ASC Conference.

“Hospital-Physician Alignment Strategies”, Louisiana Hospital Association 22nd Annual Fall Health Law Symposium, Baton Rouge, LA (November 2, 2011).

Health Law Compliance Update, Northshore Association of Medical Managers; Covington, Louisiana, October 2010

“2010 Fraud and Abuse Enforcement Year In Review,” Louisiana Society of Hospital Attorneys 21st Annual Health Law Symposium, November 4, 2010

Community Service

Board of Directors, St. Vincent de Paul

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.