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Clay J. Countryman
Clay J. Countryman

Clay J. Countryman

Partner - Baton Rouge

Clay Countryman is a partner in the Baton Rouge office of Breazeale, Sachse & Wilson, L.L.P. Mr. Countryman focuses his practice on healthcare business and regulatory matters, with a particular focus on matters related to fraud and abuse laws including the Stark Law, Federal Anti-kickback statute, and Medicare coverage and reimbursement.

Clay has served as legal counsel to several health care providers, ranging from national and regional hospital systems, physician group practices, hospitals, Louisiana Hospital Service Districts, rural hospitals and physician-owned specialty hospital, to diagnostic imaging facilities, ambulatory surgical centers, physical therapy providers, pharmacies, healthcare management companies, and healthcare trade associations.

Clay has assisted health care providers in structuring joint ventures and other transaction to promote business objectives while meeting compliance requirements of specific health care laws and regulations, such as the Stark Law, the Federal Anti-Kickback Statute, Medicare and Medicaid coverage and reimbursement requirements, licensure and accreditation requirements, and federal and state health information privacy and security requirements. Clay has also assisted providers in implementing and updating healthcare regulatory compliance programs.

Practice Areas

Healthcare
Disaster Relief

Education

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

University of Oklahoma, B.B.A.

Admissions

Louisiana

Professional Associations

American Bar Association

- Chair, 2016, ACO Task Force, ABA Health Law Section

- Chair, 2014-15, Business & Transactions Interest Group, ABA Health Law Section

- Co-Chair, 2014 and 2015, ABA Physician Legal Issues Conference, ABA Health Law Section; Chicago, IL

- Vice Chair, 2014-15, Programs Executive Leadership Committee, ABA Health Law Section

American Health Lawyers Association

Louisiana Medical Group Management Association

Louisiana Hospital Association, Society of Hospital Attorneys, Member

Health Care Compliance Association

Louisiana Ambulatory Surgery Center Association

Healthcare Information and Management Systems Society (HIMSS)

Community Involvement

Board of Directors, St. Vincent de Paul

Baton Rouge Area Chamber Leadership Program, Class of 2015

St. Joseph’s Academy, President Dad’s Club 2014/2015

Council for a Better Louisiana (CABL) Leadership Louisiana (2016)

Honors and Awards

AV® PreeminentTM Peer Review Rated.

Ranked in Chambers USA: America's Leading Lawyers for Business for Louisiana in the area of Healthcare in 2017

Publications

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Presentations

  • HIPAA Compliance for Posting Videos to the Web, 2016 American Society for Dermatologic Surgery Annual Meeting, New Orleans, November 13, 2016
  • Advanced Compliance Seminar, Louisiana Hospital Association Conference Center, September 2015
  • Fraud and Abuse Traps in Physician Relationships: Lessons Learned from Recent Government Investigations, 2015 MGMA-LA Annual Conference, New Orleans, LA, August 2015
  • Louisiana ASC Licensing Statutes and Regulations Resource Guide, 8th Annual Gulf States ASC Conference, LASCA Business Meeting, Biloxi, MS, June 18, 2015
  • Community Clinics, Pharmacies, and Other Opportunities for Physicians and Attorneys to Work Together, ABA Physicians Legal Issues Conference, ABA Health Law Section, Chicago, IL, June 11, 2015
  • HIPAA Compliance: Recent Changes to the HIPAA Rules and Enforcement Actions, Acadiana Vascular Center, Lafayette, LA, May 15, 2015
  • Compliance Risk Areas: Where to Begin, Louisiana Hospital Association Basic Compliance Seminar, Baton Rouge, LA, April 29, 2015
  • Government Investigations, Settlements, and Resulting Compliance Obligations of Long Term Care Providers, Co-Presenter, American Health Lawyers Association Long Term Care and the Law Conference, New Orleans, La., February 24, 2015
  • Compliance Strategies for Physician Relationships, Health Ethics Trust Conference Southeast Regional, January 28, 2015
  • The Evolution of a Hospital Compliance Program and the Role of the Compliance Officer, Louisiana Hospital Association 25th Annual Health Law Symposium, November 5, 2014
  • Hot Fraud and Abuse Compliance Topics for Physician Practices, MGMA New Orleans 2014 Fall Workshop, September 24, 2014
  • Mental Health Law Update, Louisiana Hospital Association, Baton Rouge, LA, August 20, 2014
  • An Ethical Dilemma: Hospitalists and the Continuity of Care, ABA Physicians Legal Issues Conference, ABA Health Law Section, Chicago, IL, June 13, 2014
  • HIPAA Compliance: Recent changes to the HIPAA Rules and Enforcement Actions, R.W. Johnson & Company/Eye Center Surgery Center; Baton Rouge, LA, May 17, 2014
  • HIPAA Compliance: Recent changes to the HIPAA Rules and Enforcement Actions, Northeast La PHO; Alexandria, LA, May 13, 2014
  • Why Does Security Get the Back Burner and How to Change That in Your Organization, Roundtable Discussion, HealthTech Research Advisory Council Meeting, New Orleans, Louisiana, April 2014
  • HIPAA Compliance: Recent changes to the HIPAA Rules and Enforcement Actions, East Jefferson Charity Hospital Family Practice Graduate Medical Education Residents; New Orleans, LA, March 17, 2014
  • 15th Annual Conference on Emerging Issues in Health Care Law, Litchfield, AZ, February 26, 2014
  • HIPAA Compliance: Recent changes to the HIPAA Rules and Enforcement Actions, Ochsner Graduate Medical Education Residents; New Orleans, LA, January 27, 2014
  • Legal Updates on Issues Impacting ASCs, Louisiana Ambulatory Surgery Center Association, 2014 Annual Conference, January 23, 2014
  • Implementing the Omnibus Changes Part II, Including Business Associates and More, 2013 Louisiana HIPAA and E H R Conference; Baton Rouge, LA, October 28-29, 2013
  • Resolving Legal and Audit Issues in an Internal Compliance Investigation, American Health Lawyers Association, and Health Care Compliance Association, Fraud & Compliance Forum; Baltimore, MD, September 29, 2013
  • HIPAA Compliance and Enforcement by the Office of Civil Rights: Lessons Learned for Physician Practices, Greater New Orleans Medical Group Management Association; New Orleans, LA, September 26, 2013
  • HIPAA Compliance Made Easy for Physician Practices, Louisiana Medical Group Management Association 2013 Annual Conference; New Orleans, LA, August 21, 2013
  • Compliance Topics for ASCs, 2013 Gulf States ASC Conference; New Orleans, LA, June 19, 2013
  • Current Fraud and Abuse Initiatives Impacting Physicians, 2013 Physician Legal Issues Conference, American Bar Association Health Law Section; Chicago, IL, June 13-15, 2013
  • Mental Health Law Update, Louisiana Hospital Association; Baton Rouge, LA, May 9, 2013
  • Implementation - Business Associates and Breach Notification, HIPAA Changes - Understanding and Implementing the Latest Rule, 2013 Louisiana HIPAA & EHR Conference; Baton Rouge, LA, March 11, 2013
  • HIPAA Compliance: Recent Enforcement Actions and Recent Changes to the HIPAA Rules, Louisiana Orthopedic Association Annual Meeting; New Orleans, LA, March 2, 2013
  • HIPAA Enforcement by the Office for Civil Rights: Lessons Learned for ASCs, Louisiana Ambulatory Surgery Association Conference, January 24, 2013
  • Hospital-Physician Alignment Strategies, Louisiana Hospital Association Conference; Baton Rouge, LA, January 24, 2013
  • Advanced Business Associate Issues, Louisiana HIPAA & EHR Conference; Baton Rouge, LA, September 29, 2012
  • New Healthcare Delivery Models: Challenges for Physician Practices, Greater New Orleans Medical Group Management Association Compliance Boot Camp; New Orleans, LA, September 26, 2012
  • Hot Compliance Topics for Physician Practices: 2011 Year in Review, Louisiana Medical Group Management Association 2012 Annual Conference; Lake Charles, LA, April 21, 2012
  • Fraud and Abuse Compliance in Mental Health Settings, Louisiana Hospital Association/Mental Health Law Update, March 1, 2012
  • Federal and State Legal Issues Impacting Ambulatory Surgery Centers, Louisiana Ambulatory Surgery Association 2012 Annual Meeting, January 25, 2012
  • Hospital-Physician Alignment Strategies, Louisiana Hospital Association 22nd Annual Fall Health Law Symposium; Baton Rouge, LA, November 2, 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, September 15, 2011
  • Managed Care Contracting, Baton Rouge Medical Group Management Association, August 11, 2011
  • 2010 Fraud and Abuse Enforcement Year in Review, Louisiana Society of Hospital Attorneys 21st Annual Health Law Symposium, November 4, 2010
  • Navigating Fraud and Abuse Issues with Health Care Reform and Other ASC Business Relationships!, 2010 Gulf States ASC Conference; Biloxi, Mississippi, June 15, 2010
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Representative Matters

  • Represented physician groups in the acquisition of the group and subsequent employment by a hospital or health system.
  • Represented healthcare providers in internal compliance investigations and resolving overpayment and related issues under the Federal False Claims Act.
  • Advised several health care provider clients on compliance with the Stark Law, Federal Anti-Kickback Statute and other similar laws applicable to their business operations.
  • Advised physician groups and other health care providers in the formation of joint ventures to own and operate diagnostic imaging centers, hospitals, ambulatory surgical centers and cancer treatment centers.
  • Drafted and reviewed several types of agreements for healthcare providers, including professional service agreements, employment agreements, physician recruitment agreements, medical director agreements, third-party billing agreements, management agreements, and HIPAA policies and procedures.
  • Advised health care providers regarding managed care contracting and network provider agreements with commercial insurance carriers and other third-party payers.
  • Advised physician groups, hospitals and other health care providers to create and implement forms, policies and procedures to comply with the HIPAA Privacy and Security Rules.
  • Formed limited liability companies and other corporate entities on behalf of health care providers, including drafting and reviewing operating agreements and corporate by-laws.
  • Advised several types of health care providers to develop and implement a compliance program.
  • Advised several hospital-based physician groups, including anesthesiologists, radiologists and pathologists, regarding exclusive agreements with Hospitals.