Thomas E. Bartrum

Of Counsel
Baker Donelson Center
Suite 800
211 Commerce Street
Nashville, Tennessee 37201
T: 615.726.5641
F: 615.744.5641

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Thomas E. Bartrum is of counsel in the Nashville office of Baker Donelson, where he concentrates his practice in the areas of health care regulatory matters, transactions and fraud and abuse investigations. Mr. Bartrum has counseled clients, often on a national basis, on a wide range of matters including structuring financial arrangements and transactions to comply with the Anti-Kickback Statute and the Stark Law; Medicare payment issues, and licensure and certification issues affecting health care providers; joint ventures between health care providers; obtaining advisory opinions on fraud and abuse issues; and clinical integration and antitrust counseling; and structuring incentive compensation and risk sharing arrangements. He also has experience in compliance-related issues, self-reporting and responding to government fraud and abuse investigations, including Medicare and Medicaid overpayment issues, commercial overpayment issues and whistleblower actions. His clients include hospitals, health systems, integrated delivery systems, physician organizations, pharmacies, durable medical equipment suppliers, an informatics company and a variety of ancillary service providers.

Prior to joining the Firm, Mr. Bartrum was the founder and general counsel of a health care network development company. Mr. Bartrum has significant experience building provider networks and integrated delivery systems, including IPAs, PHOs and MSOs. Recent engagements include converting an academic medical center's IPA from a financial risk-sharing model to a clinically integrated model and building a pay-for-performance compensation structure for a three-hospital, urban health care system's PHO. Mr. Bartrum spends considerable time assisting hospitals in evaluating accountable care organization (ACO) opportunities. Mr. Bartrum was the founding co-chair of the American Health Lawyers Association's ACO Task Force and currently co-chairs the Healthcare Reform Educational Task Force.

Mr. Bartrum has devoted much of his practice to hospital-physician joint ventures and other collaborations, including imaging centers, IDTFs, cancer centers, sleep labs, surgery centers, institutional pharmacies, durable medical equipment companies, cardiac catheterization labs, anatomic pathology labs, block lease arrangements, clinical co-management arrangements, shared facility arrangements, "under arrangement" relationships and physician practice acquisitions and integration. This experience includes the development of free-standing facilities, the acquisition of existing facilities, counseling clients in developing new service lines, strategic planning and governance issues, restructuring facility operations for compliance reasons and resolving payment disputes over ancillary services. Mr. Bartrum speaks nationally on health care regulatory, reimbursement and transactional matters. He has also written extensively on health law and is the author of the American Health Lawyers Association's Expert Series Monograph on "Diagnostic Imaging Centers: Legal and Regulatory Issues."

Publications & Speaking Engagements

  • Speaker – "The Rise of Narrow Networks: Opportunities, Risks and Legal Uncertainties," Nashville Council of Health Care Attorneys, January 14, 2014
  • Speaker – "Healthcare Transactions and Medicare’s Change of Ownership (CHOW) Rules," American Health Lawyers Association Annual Medicare and Medicaid Institute, Baltimore, Maryland, March 2012
  • Co-author – "CMS Issues Additional Guidance for ACOs," Health Law STAT alert, April 4, 2012
  • Co-author – "Final Medicare Shared Savings Program Regulations More Favorable to ACOs," Health Law STAT alert, November 16, 2011
  • Author – "CMS Attempts to Reignite Interest in ACOs: Commentary on the Final Medicare Shared Savings Program Regulations," American Health Lawyer Association's Connections magazine, November 2011
  • Author – "Interim Final Waiver Rule for ACOs," Health Law STAT alert, November 10, 2011
  • Speaker – "Overview of the Final ACO Regulations," Nashville Council of Health Care Attorneys, November 8, 2011
  • Speaker – "Overview of the Medicare Shared Savings Program Final Regulations, Part II,"  American Health Lawyer Association's webinar, October 27, 2011
  • Speaker – "Overcoming Regulatory Hurdles," Baker Donelson Accountable Care Symposium, June 2011
  • Speaker – "ACOs—Is the Time Now?" Georgia Hospital Association Board of Trustees Retreat, April 21, 2011
  • Speaker – "An Overview of the ACO Proposed Regulations, Part II: Quality Measures, Payment Methodology and Risk Sharing in Medicare's Shared Saving Program," American Health Lawyers Association webinar, April 20, 2011
  • Speaker – "Ask the Experts," ACS ACO Summit, Nashville, Tennessee, March 31, 2011
  • Speaker – "Healthcare Transactions & Change of Ownership (CHOW) Rules," American Health Lawyers Association, Baltimore, Maryland, April 30, 2011
  • Speaker – "Health Reform: Fraud and Abuse Issues," Georgia Hospital Association Compliance Officer Retreat, March 2011
  • Speaker – "Follow the Money: Accountable Care, Payment Reform and the Law," AHLA Hospitals and Health Systems Law Institute, Las Vegas, February 10-12, 2011
  • Speaker – "Integrating Physicians and Organizations," AMGA ACO Collaborative, January 26-28, 2011
  • Author – "Workshop Regarding Accountable Care Organizations, and Implications Regarding Antitrust, Physician Self-Referral, Anti-kickback, and CMP Laws," AHLA Antitrust Practice Group Update, October 2010
  • Author – "Thirteen Things Health Care Providers Should Know About Accountable Care Organizations and Health Reform," Baker's Dozen Health Care Reform White Paper, September 2010
  • Author – "Understanding Medicare's Physician Supervision Rules," AHLA Rap Sheet, June 2010
  • Author – "Alternative Imaging Business Structures and Arrangements: What's Legal?" Radiology Business Journal, 36, December 2009
  • Speaker – "Avoiding an October Surprise: Strategies for Complying with the New Stark Law Rules," Georgia Hospital Association, June 2009
  • Speaker – "2008 RAP Practice Group's Year in Review," AHLA Institute on Medicare and Medicaid Payment Issues, March 2009
  • Speaker – "Understanding the Stark Law," ABA Health Law Section teleconference, February 2009
  • Author – "Maintaining Steady Aim at a Moving Target: An Overview of Recent Regulatory Changes Affecting Diagnostic Imaging," Radiology Business Journal, 48, Winter 2008
  • Author – "Proposed 2009 MPFS: Once Again, Imaging Takes a Disproportionate Impact,", August 2008
  • Speaker – "Legal and Regulatory Issues Facing Outpatient Imaging Centers," Third Annual GE Healthcare Outpatient Imaging Center Conference, Washington, D.C., July 2008
  • Speaker – "Healthcare Transactions and Medicare's Change of Ownership (CHOW) Rules," Institute on Medicare and Medicaid Payment Issues, Baltimore, Maryland (April 2008)
  • Author – "The New Breed of Hospital – Physician Collaborations: Is Government Backlash Around the Corner?" 2008 Health Law and Compliance Update, 2008
  • Author – "Fraud & Abuse: Proposed Regulatory Changes Threaten Many Common Hospital Physician Collaboration Arrangements," Bloomberg Corporate Law Journal, November 2007
  • Author – "Do Proposed MPFS Changes Portend the Demise of Block Leases,", September 2007
  • Speaker – "Phase III Final Stark Regulations: An Overview of Key Changes," Trends in Healthcare Law, Birmingham, Alabama, August 2007
  • Speaker – "Evaluating Legal and Ethical Growth Opportunities for Imaging Centers," Second Annual GE Healthcare Outpatient Imaging Center Conference, Arlington, Virginia, July 2007
  • Speaker – "Outsourcing Hospital Departments: Strategies for Success," American Health Lawyers Association In-House Counsel Program, Chicago, Illinois, June 2007
  • Speaker – "Joint Ventures: When Reimbursements and Fraud and Abuse Collide," American Health Lawyers Association teleconference, May 2007
  • Speaker – "Provider-Based Joint Ventures: Under Arrangement Transactions, " American Bar Association Health Law Section teleconference, March 2007

Professional Honors & Activities

  • Listed since 2009 in Chambers USA: America's Leading Business Lawyers in Healthcare: Regulatory 
  • Named Outstanding Fraud & Abuse Lawyer by Nightingale's Healthcare News, 2007
  • Listed since 2007 in The Best Lawyers in America® in Health Law   
  • Named "Best of the Bar," Nashville Business Journal, 2011, 2012
  • Listed since 2009 in Mid-South Super Lawyers in Health Care 
  • Named as leading Health Care Attorney by Legal Media Group, 2006  
  • Named Preferred Counsel by GE Healthcare's Beyond Program for Outpatient Imaging Centers
  • Member – American Bar Association (Health Care Section; Former Vice Chairman, Health Law Payment and Reimbursement Interest Group)
  • Member – Tennessee and Kentucky Bar Associations
  • Member – American Health Lawyers Association (Co-Chair, Accountable Care Organization "ACO" Task Force)
  • Member – Health Care Financial Management Association


  • Tennessee, 2002
  • Kentucky, 1993


  • Loyola University Chicago School of Law, LL.M., Health Law, 1997
  • University of Kentucky, J.D., 1993, with distinction
  • Bellarmine College, B.A., 1989, cum laude