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NEWS

January 2024 | Emily B. Grey Elected to Management Committee

Clay J. Countryman
Danielle L. Borel

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 represents clients in all areas of the healthcare industry, with a primary focus on healthcare business transactions, including mergers and acquisitions, joint ventures, private equity investments and other business transactions. Clay has extensive experience in advising healthcare clients on the Stark Law, Anti-Kickback Statute, government investigations and other health care fraud and compliance matters. 

Clay has been legal counsel to several different types of healthcare providers and provider organizations, ranging from national and regional health systems, hospitals, ambulatory surgery centers, to specialty physician groups and physician clinics.

Clay has held several leadership positions with the American Bar Association, and is a former Chair of the ABA Health Law Section. Clay is also a nationally recognized speaker and author on healthcare legal topics.

Healthcare Corporate Transactions

Clay has assisted healthcare providers in structuring joint ventures and other transactions to promote business objectives while meeting compliance requirements of specific laws and regulations, such as the Stark Law, the Anti-Kickback Statute, Medicare and Medicaid coverage and reimbursement requirements, and licensure and accreditation requirements.

  • Formation of Joint Ventures to Develop and Operate Hospitals and Other Healthcare Facilities
  • Mergers and Acquisitions of healthcare providers
  • Development of healthcare provider networks, Accountable Care Organizations (ACOs), and Clinically Integrated Networks
  • Employment Agreements, Professional Service Agreements, Medical Director and Recruitment Agreements
  • Conducted Due Diligence in Acquisitions and Financing Arrangements

Fraud and Abuse Compliance

  • Stark Law and Anti-Kickback Statute Compliance in value-based service arrangements and other transactions
  • Development of Co-Management Agreements and Gainsharing Arrangements
  • Implementation and Review of Corporate Compliance Programs
  • Government Investigations and False Claims Act Defense
  • Advised Healthcare Providers on Voluntary Self-Disclosures and Overpayment Refunds

Other Representative Matters 

  • Represented an OB/GYN physician group in the acquisition of the group and its ancillary services, and subsequent employment by a regional 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 employment and other alignment approaches with health systems.
  • 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 compliance programs.
  • Advised several hospital-based physician groups, including anesthesiologists, radiologists and pathologists, regarding exclusive agreements with Hospitals.

Practice Areas

Education

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

University of Oklahoma, B.B.A.

Admissions

Louisiana, (Board Certified Health Law Specialist, Louisiana Board of Legal Specialization)

Professional Associations

American Bar Association. Health Law Section

  • Health Law Section: Chair (2021-2022); Chair Elect (2020-2021); Vice Chair (2019-2020); Vice Chair, Diversity & Inclusion Committee (2021-2022); Secretary (2018-2019); Council Member at Large, 2015-2018, ABA Health Law Section
  • Medical-Legal Partnerships Work Group, Chair, 2015-present, ABA Health Law Section
  • Vice Chair Health Care Reform Task Force, 2017-2019, ABA Health Law Section
  • Physician Legal Issues Conference, Co-Chair 2014, 2015 and 2017, ABA Health Law Section
  • ACO Task Force, Vice Chair, 2015-2016, ABA Health Law Section
  • Business & Transactions Interest Group, Chair, 2014-2015, ABA Health Law Section
  • eHealth, Privacy & Security Interest Group, Vice Chair, 2011-2012, ABA Health Law Section
  • Emerging Issues Conference, Planning Committee, 2005-2006, ABA Health Law Section

American Bar Association, Veterans Legal Services Commission, Member, 2017-2018

American Bar Association, Section Offices Conference, Budget Task Force, 2023-present

American Bar Association, IOLTA Commission, 2023-present

Louisiana State Bar Association, Continuing Legal Education Committee

American Health Lawyers Association

Louisiana Medical Group Management Association

Louisiana Hospital Association, Society of Hospital Attorneys

Health Care Compliance Association

Louisiana Ambulatory Surgery Center Association

Community Involvement

St. Vincent de Paul, Special Works Board Member

Open Air Ministries, Board Member

Baton Rouge Area Chamber Leadership Program, Class of 2015

Baton Rouge Area Chamber Diversity & Inclusion Committee Member (2020-2022)

Council for a Better Louisiana (CABL) Leadership Louisiana (2017)

Honors and Awards

Selected by his peers for inclusion in The Best Lawyers in America® (Since 2020)

AV® PreeminentTM Peer Review Rated.

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

Board Certified Health Law Specialist, Louisiana Board of Legal Specialization, Louisiana State Bar Association

Publications

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Presentations

  • Physician Practice Contracting and Negotiations, National Cancer Care Alliance, Oncology College, Las Vegas, NV, March 2, 2024
  • Healthcare Laws, National Cancer Care Alliance, Oncology College, Las Vegas, NV, March 2, 2024
  • 2024 Compliance Topics Affecting Ambulatory Surgery Centers, LASCA Annual Meeting, February 23, 2024
  • 2023 Hot Compliance Topics for Physician Practices, MGMA Louisiana & MGMA Mississippi Southern Summer Conference, Biloxi, MS, August 17, 2023
  • Strategic Planning: Stark Law and Anti-Kickback Statute Compliance Considerations, HFMA Annual Conference, Nashville, TN, June 27, 2023
  • Practical Approaches to Resolve Legal and Operational Radiology Practice Issues, Radiology Business Management Association PaRADigm Conference, Hollywood, FL, April 4, 2023
  • Physician Compliance with the Stark Law, Anti-Kickback Statute, and Professional Liability Cases, American Association of Physicians of Indian Origin AAPI Medico-Legal Virtual Conference, March 18, 2023
  • LMGMA 2023 Payer Conference, Baton Rouge, LA (Moderated two speaker panels at the Round Table Payer Discussion), March 16, 2023
  • Hot Topics Jambalaya, Taos Third Annual Health Law Roundtable CLE Conference , January 2023
  • 2023 Compliance Issues and Ambulatory Surgery Centers, LASCA Annual Meeting , February 17, 2023
  • Hot Compliance Challenges for Hospitals: Stark Law/Anti-Kickback Statute Enforcement and No Surprises Act & Compliance Obligations & Strategic Planning for Hospitals, LHA 32nd Annual Health Law Symposium, December 9, 2022
  • Physician Opportunities Under the Recent Stark Law and Anti-Kickback Statute Changes, ABA Physicians Legal Issues Healthcare Delivery & Innovation Conference, Chicago, IL, September 15, 2022
  • Beware the Road Paved with Gold: Recent DOJ Fraud Settlements and Investigations of Physician Joint Ventures, LMGMA/MSMGMA Conference, Baton Rouge, LA, July 28, 2022
  • Hybrid MCOs: Risks & Solutions, WTW Managed Care Roundtable Conference, Nashville, TN, July 21, 2022
  • Evolving Stark Law and Anti-Kickback Statute Compliance Challenges for Value-Based Arrangements and Physician Compensation, HFMA Annual Meeting, Denver, CO , June 27, 2022
  • Legislative Update, Louisiana Ambulatory Surgery Center Association Summer Meeting, New Orleans, June 16, 2022
  • Key Strategic and Legal Considerations in Negotiating Radiology Service Agreements, RBMA 2022 PaRADigm Radical Innovation, April 2022
  • Compliance Programs: Best Practices with Joint Venture Partners, HCCA New Orleans Regional Conference, April 9, 2022
  • Health Law Update, Louisiana Orthopedic Association Annual Meeting, New Orleans, March 18, 2022
  • Stark Law, Anti-Kickback Statute and EKRA Compliance: What Physician Practices Need to Know This Year, MGMA State Affiliate Webinar, February 8, 2022
  • The No Surprise Act is Here: Compliance Obligations & Strategic Planning for Hospitals - Parts I and II, Louisiana Hospital Association, March 2022
  • The No Surprise Act is Here: Compliance Obligations & Strategic Planning for Hospitals - Parts I and II, Louisiana Hospital Association, March 2022
  • Compliance and Valuation Challenges from Recent Stark Law and Anti-Kickback Statute Changes, LA HFMA Winter Institute Conference, January 25, 2022
  • Compliance and Valuation Challenges from Recent Stark Law and Anti-Kickback Statute Changes, Taos Second Annual Health Law Roundtable CLE Conference, January 22, 2022
  • Hot Compliance Topics for Managers and Physician Practices, Louisiana Medical Group Management Association Annual Conference 2021, August 2021
  • Hot Regulatory Issues Facing Louisiana Ambulatory Surgery Centers , Louisiana Ambulatory Surgery Center Association, Annual Conference, February 5, 2021
  • Legal Update: Hot Topics for ASCs in 2017, Louisiana Ambulatory Surgery Center Association 2017 Annual Meeting, January 20, 2017
  • Fraud and Abuse Compliance Update/Covid-19 and Physician Liability , The American Association of Physicians of Indian Origin, June 2020
  • Louisiana Department of Health, April 19, 2020
  • Legal Update, Louisiana Ambulatory Surgery Center Association, Annual Conference, June 24, 2021
  • Understanding the Families First Coronavirus Response Act, the CARES Act & How it Impacts Businesses, April 1, 2020
  • Baton Rouge Medial Group Management Association (BRMGMA) Monthly Meeting , May 14, 2020
  • Fair Market Value Issues: When and How is FMV Important; Valuation Issues and Options, Louisiana Hospital Association Advanced Issues in Physician Employment Seminar, April 2019
  • Understanding the Applicable Compliance Issues, Louisiana Hospital Association Advanced Issues in Physician Employment Seminar, April 2019
  • Payment Issues in Behavioral Health, LHA Behavioral Health Law Update, March 2019
  • Payment Issues in Behavioral Health: Options for Providers, Louisiana Hospital Association Behavioral Health Law Update, March 28, 2019
  • Navigating the Minefields of a Successful Physician Hospital Collaboration, ABA Physicians Legal Issues Conference, June 7, 2018
  • Physician Contracts: Compliance Auditing & Strategies, CHRISTUS Health Compliance & Privacy Summit, May 2, 2018
  • Measuring Compliance Program Effectiveness, HCAA New Orleans, April 2018
  • Healthcare Enforcement and Radiology Services, 2018 PaRaDigm Conference - Radiology Business Managers Association, April 5, 2018
  • HIPAA and Mental Health, Crisis in the Community Conference - Mental Health Association for Greater Baton Rouge, March 10, 2018
  • Medical Legal Partnerships: Attorneys and Healthcare Providers Working Together to Help Veterans and Other Patients, Moderator, American Bar Association Center for Professional Development Health Law Section Webinar, February 12, 2018
  • Legal Issues Facing Ambulatory Surgery Centers, Louisiana Ambulatory Surgery Center Association, Annual Conference, February 9, 2018
  • Lessons Learned from Recent Fraud Enforcement Cases and Settlements, Region 9 Conference, Healthcare Financial Management Association, November 7, 2017
  • MACRA and Other Important Considerations in Physician Employment Agreements, Presented to Members of the Chicago Medical Society, September 15, 2017
  • Legal Update: 2017 Hot Topics for Physician Practices, MGMA - Acadiana, September 14, 2017
  • Legal Update: 2017 Hot Topics for Physician Practices, MGMA - Acadiana, September 12, 2017
  • Compliance and Enforcement Roundtable Discussion, MGMA Louisiana & MGMA Mississippi Southern Summer Conference, August 17, 2017
  • What are Medical-Legal Partnerships and How Can I Get Involved?, American Bar Association Center for Professional Development Health Law Section Webinar, July 11, 2017
  • Legal Update: LASCA Business Meeting, 2017 Gulf States ASC Conference, June 22, 2017
  • Stark Law and Anti-Kickback Statute Compliance for HFMA Members, Presented to Members of HFMA, June 13, 2017
  • Emerging Compliance Issues with the Stark Law and Anti-Kickback Statute, Louisiana State Bar Association Healthcare Law CLE, New Orleans, LA, May 25, 2017
  • Health Care Fraud Enforcement Update: False Claims Act and Beyond, Louisiana State Bar Association Healthcare Law CLE, New Orleans, LA, May 25, 2017
  • Financial Relationships/Law & Regulations for FQHCs, LPCA Corporate Compliance Institute Services, Session 7, May 3, 2017
  • Hospital-Physician Contracting: Compliance Issues and Strategies, HCCA Regional Meeting, New Orleans, LA, April 21, 2017
  • Lasseiz les Bons Temps Rouler: Hope for Potential Stark Law Changes, 18th Annual Conference on Emerging Issues in Healthcare Law, New Orleans, March 10, 2017
  • HIPAA Compliance And Radiology Practices, Delta States Chapter of RMBA Annual Conference, February 16, 2017
  • 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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