Tom Baker, shareholder in the Atlanta office, is a member of the Firm's Health Law group. Mr. Baker has extensive experience representing a wide variety of health care providers and suppliers of goods and services to the health industry, including hospitals, physicians, physician group practices, nursing homes, home health agencies, rehabilitation agencies, hospices, facilities for the developmentally disabled, independent diagnostic testing facilities, ambulatory surgery centers, rehabilitation therapy providers, management companies, durable medical equipment suppliers and assisted living and personal care homes. He is skilled in matters involving health care mergers and acquisitions, Medicare and Medicaid reimbursement, Medicare and Medicaid fraud and abuse, formulation and implementation of Corporate Compliance Plans, integrated health care delivery systems, provider and practitioner networks and accountable care organizations, and managed care agreements.
Mr. Baker has represented and assisted with business planning for corporations, limited liability companies, limited liability partnerships, limited partnerships, general partnerships and entrepreneurs, including health care providers and practitioners, in transactions including acquisitions and sales of businesses, mergers, joint ventures, trade regulation, non-competition agreements, non-disclosure and confidentiality agreements, shareholder disputes, non-profit and tax-exempt organizations, and general contract and business matters. Mr. Baker also is experienced in the financing of business ventures, including venture capital, private investment, commercial debt and bond financing. He has served emerging growth companies involved in health care, health care information, bio-medical goods and services and electronic commerce.
- Represented cardiology and medical oncology practices in connection with the sale of medical practices to health care delivery systems.
- Assisted ophthalmology practice in a horizontal merger.
- Represented a joint venture between nonprofit hospitals and pathologist for development of an independent pathology lab, including organization and private placement of securities
- Assisted therapy provider in divestiture of billing services subsidiary.
- Implemented Corporate Compliance Plans for several nursing home chains
- Helped a nursing home defend RICO and qui tam False Claims Act lawsuits.
- Represented two ambulatory surgery centers in redemption of minority interest held by publicly-traded company.
- Represented specialty health care services company in a sale of assets to a leading provider of cardiovascular imaging services and solid-state nuclear medicine imaging products.
- Represented pathology lab in sale of assets to national company.
- Represented specialty health care services company in a sale of stock to a national insurance company.
- Represented purchaser of institutional facility for the developmentally disabled financed by tax-exempt bonds.
- Represented majority of physicians in a radiology practice in the removal of a managing member and reorganization of a limited liability company.
- Represented private equity funded company in connection with developing ambulatory bariatric surgery centers throughout the United States.
- Formed physician-owned diagnostic imaging joint venture, including advice regarding the Stark law and the Medicare Anti-Kickback Statute.
- Negotiated terms of loan agreement to capitalize start-up health care facility.
- Counsel to national bank in the foreclosure of a skilled-nursing home facility.
- Represented home health agency in criminal and civil actions based on charges of Medicare fraud. Criminal charges dismissed and civil action settled.
- Represented podiatry practices in acquisition by merger.
- Obtained favorable OIG Advisory Opinions for privately-financed ventures.
- Served as an arbitrator in multi-million dollar managed care contracting dispute between a national hospital company and a managed care payor.
- Arbitrated physician recruitment contract disputes between hospitals and recruited physicians.
Mr. Baker is a prolific speaker and writer, having delivered more than 60 speeches and written more than 30 articles on topics including managing regulatory risk, corporate compliance plans and business ethics, developing survival strategies in a changing health care economy and other health care regulatory topics.
- Speaker – "Managing Regulatory Risk in a Changing Health Care Economy," Atlanta Medical Management Group Association, Atlanta, Georgia (September 2011)
- Speaker – "Fundamentals of Business Organizations," Physicians Business Academy Webinar (August 2011)
- Speaker – "Understanding Audits and Appeals: Routine Medical Review to RAC Audits," and "Managing Home Health and Hospice Risk in the New Health Care Economy," Dixon Healthcare Solutions, Orlando, Florida (July 2011)
- Speaker – "Integration Strategies For A Changing Health Care Economy," Georgia Association of Orthopaedic Executives, Atlanta, Georgia (March 2011)
- Speaker – "Managing Home Health and Hospice Regulatory Risk in a New Health Care Economy," Dixon Healthcare Solutions, Las Vegas, Nevada (January 25, 2011)
- Speaker – "Integration Strategies for a Changing Health Care Economy," East Georgia Physicians Group, Statesboro, Georgia (October 13, 2010)
- Speaker – "Fundamentals of Mergers & Acquisitions," Physicians Business Academy symposium (August 2010)
- Speaker – "Integration Strategies for a New Health Care Economy," Physicians Business Academy symposium (August 2010)
- Co-author – "Integration Strategies for the New Health Care Economy," American Health Lawyers Weekly (July 2010)
- Speaker – "Health Care Law," Entrepreneur Advisors Two-Day MBA for DPMs and MDs, Atlanta, Georgia (June 2010)
- Speaker – "Survival Strategies for the 21st Century: Horizontal and Vertical Integration," American College of Cardiology/Georgia Chapter Program on Evolving Practice Patterns in Georgia: A Program for Cardiologists and Their Practice Managers/Administrators (Greensboro, Georgia May 2010)
- Speaker – "Overview of the Health Care Economy and the Effect of Statutes and Regulations on Health Care Business Transactions," Entrepreneur Advisors "Two Day MBA for DPMs and MDs" (Atlanta, Georgia, April 30-May 1, 2010)
- Author – "Legal Aspects of Health Care Business Transactions," ten chapter book used for Auburn University MBA course, including the following chapters: Overview of the Health Care Economy and Effect of Statutes and Regulations on Health Care Business Transactions; Understanding Fundamental Contract Law: Contracts 101; Employment and Independent Contractor Agreements; Fundamentals of Business Organizations; Fundamentals of Capital Financing; Fundamentals of Mergers and Acquisitions; Understanding Fundamental Intellectual Property Law; Understanding Fundamental Antitrust Law; Overview of the Law Governing Pharmaceuticals and Medical Devices; and Corporate Governance and Fiduciary Duty
- Author – "Integration Strategies for the New Health Care Economy," Atlanta Hospital News (January 2010)
- Speaker – "The Top Ten Legal Issues Every MBA Should Know About Business Transactions," Auburn University, College of Business Administration, EMBA – PEMBA Reunion (September 2006)
- Co-author – "Business Planning For Pandemic Flu: How Will Your Company Survive The Pandemic?" Co-authored with Katherine Forseth, Health Lawyers Weekly, Volume 4, Issue 19 (May 2006)
- Speaker – "Regional Health Information Organizations (RHIOs) and Electronic Medical Records: Are You Ready?" The 9th Annual Healthcare Internet Conference Las Vegas, Nevada (November 2005)
- Author – "Management of Regulatory Risk In Light of Recent Federal Trade Commission Sanctions Imposed on Messenger Model Networks," Health Lawyers Weekly (March 2004)
- Speaker – "Learning to Live with HIPAA," Louisiana Nursing Home Association, Baton Rouge, Louisiana (May 2003)
- Speaker – "Management of Regulatory Risk: Corporate Compliance Plans," Louisiana Nursing Home Association, Baton Rouge, Louisiana (November 2002)
- Speaker – "New Health Care Regulations; Compliance Under HIPAA," Dixon-Kanary & Company, Las Vegas, Nevada (November 2002)
- Author – "Whistleblower Suit Focuses on Therapy," Briefings on Outpatient Rehab Reimbursement and Regulations (April 2002)
- Speaker – "Update and Fraud and Abuse Initiatives" and "Understanding HIPAA," Dixon-Kanary & Company, Biloxi, Mississippi (May 2002)
- Author – "The Therapist Who Knew Too Much: Part II," Briefings on Outpatient Rehab Reimbursement and Regulations (January 2002)
- Speaker – "Understanding the New HIPAA and Stark Regulations," Dixon-Kanary & Company, Las Vegas, Nevada (January 2002)
- Author – "The Therapist Who Knew Too Much: Part I," Briefings on Outpatient Rehab Reimbursement and Regulations (December 2001)
- Speaker – "Introduction to HIPAA Health Care Information Standard," Healthcare Innovation, Improvement, and Information Technology, Georgia HIMSS Chapter, Fall Conference, Atlanta, Georgia (October 2001)
- Speaker – "Managed Care Antitrust Issues – What Can and Cannot Be Said to Whom?" with June Ann Sauntry of Troutman Sanders, Shades of Gold in Managed Care, Georgia Society for Managed Care, Brasstown Valley, Georgia (October 2000)
- AV® Preeminent™ Peer Review Rated by Martindale-Hubbell for legal ability and ethical standards
- Listed in Chambers USA: America's Leading Business Lawyers as a leading Healthcare lawyer since 2010
- Named an Outstanding Physician Practice Lawyer by Nightingale's Healthcare News (2009)
- Member – Board of Visitors, Syracuse University College of Arts and Sciences (2010 – present)
- Listed in Atlanta Business Chronicle's "Who's Who in Health Care" (2004 and 2005)
- Adjunct Faculty – Auburn University Physicians Executive MBA Program, "The Legal Aspects of Health Care Business Transactions" (2005 – present)
- Member – State Bar of Georgia
- Member – American Health Lawyers Association (Approved Dispute Resolver in the American Health Lawyers Association Alternative Dispute Resolution Service; Member of Fraud and Abuse Substantive Law Committee)
- Member – Georgia Hospital Association
- Counsel to the Board of Directors – American Association of Preferred Provider Organizations
- Counsel to the Board of Directors – National Association of Specialty Health Organizations
- Member – Georgia Academy of Healthcare Attorneys
- Vanderbilt University, J.D., 1981
- Georgia State University, M.B.A., 1978
- Syracuse University, A.B., 1972