Quick Results
Professional Photo
Professionals

Thomas William Baker

Shareholder

Tom Baker has extensive experience representing a wide variety of health care providers and suppliers of goods and services to the health industry.

Featured Experience

Advised a biotechnology company on Series A preferred stock venture capital funding.

Assisted a medical device company in obtaining FDA clearance and developing strategic alliances for distribution.

Advised several health care delivery systems on development of clinically integrated networks to compete in a coordinated payment economy.

Professional Biography

Overview

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, accountable care organizations, 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, including both OIG and Stark Law self-disclosures, formulation and implementation of Corporate Compliance and Ethics Plans, clinical and financial integration strategies, Accountable Care Organizations that participate in the Medicare Shared Savings Program, application of the Physician Payments Sunshine Act 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.

Because of his wealth of experience as both a health care attorney and an adjunct professor at Auburn University where he teaches a course on "The Legal Aspects of Health Care Business Transactions" in the Auburn Physicians Executive MBA Program, Mr. Baker is sometimes engaged to facilitate strategic planning meetings to assist businesses in developing survival strategies for a changing health care economy. Mr. Baker also provides general educational presentations on the content of his book he authored on, "The Legal Aspects of Health Care Business Transactions," including, the statutes and regulations that govern health care business transactions; contracts; capital financing; mergers and acquisitions; and corporate governance and fiduciary duty.

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.

Representative Matters
  • Advised a biotechnology company on Series A preferred stock venture capital funding.

  • Assisted a medical device company in obtaining FDA clearance and developing strategic alliances for distribution.

  • Advised several health care delivery systems on development of clinically integrated networks to compete in a coordinated payment economy.

  • Provided health care regulatory advice to purchaser in $15,000,000 acquisition of behavioral health hospital.

  • Represented Accountable Care Organization in a combination $3,000,000 investment and infrastructure technology licensing agreement.

  • Represented a regional hospital company in connection with the organization of a multistate Accountable Care Organization.

  • Advised health care delivery system regarding orthopedic, cardiac, gastroenterology, and psychiatric services clinical service line co-management agreements.

  • Represented thirty cardiologists from thirteen medical practices in organizing a limited liability company that entered into a clinical service line co-management agreement with a health care delivery system.

  • Represented a tax exempt long term care provider regarding the restructuring of a $20,000,000 municipal bond issuance.

  • Represented an orthopedist group regarding clinical service line co-management agreement with a health care delivery system and acquisition of ownership interests in a physician-hospital joint venture ambulatory surgery center.

  • Represented a publicly traded company in connection with the acquisition of a cardiac monitoring company.

  • Advised medical device manufacturers and other clients regarding the Physician Payments Sunshine Act.

  • Facilitated strategic planning retreats for health industry enterprises.
  • Assisted a critical access hospital in the acquisition of a home health agency.

  • Represented a multistate hospital company in connection with a $25,000,000 revolving credit facility.

  • Represented a medical practice in connection with a HIPAA reportable data breach.

  • Represented three hospitals and two medical practices regarding self-disclosure of Stark law violations under the Stark Self-Referral Disclosure Protocol.

  • Represented a health care provider in connection with OIG self-disclosure.

  • Represented spine surgeons in connection with the restructuring of a single specialty hospital.
  • Represented a multistate hospital company in connection with electronic medical records system acquisition.

  • Represented cardiology, medical oncology and internal medicine practices in connection with the sale of medical practices to health care delivery systems.

  • Assisted an ophthalmology practice in a horizontal merger.
  • Implemented Corporate Compliance and Ethics Plans and HIPAA Compliance Plans for several nursing home chains.

  • Represented two ambulatory surgery centers in redemption of a minority interest held by a publicly-traded company.

  • Represented a specialty health care services company in selling assets to a leading provider of cardiovascular imaging services and solid-state nuclear medicine imaging products.

  • Represented a home health agency in criminal and civil actions based on charges of Medicare fraud. Criminal charges dismissed and civil action settled.

  • Obtained favorable OIG Advisory Opinions for privately-financed ventures.

  • Arbitrated physician recruitment contract disputes between hospitals and recruited physicians.

Professional Honors & Activities
  • 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 
  • Selected as one of "Georgia's Legal Elite" in Healthcare Law by Georgia Trend Magazine (2012); in Corporate Law (2013)
  • Adjunct Professor – Auburn University Physicians Executive MBA Program, "The Legal Aspects of Health Care Business Transactions" (2005 – present)
  • Named an Outstanding Physician Practice Lawyer by Nightingale's Healthcare News (2009)
  • Listed in Atlanta Business Chronicle's "Who's Who in Health Care" (2004 and 2005)
  • 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)
Publications
  • 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, and also includes, 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 – "Using the DOJ Fraud Section Guidance on 'Evaluation of Corporate Compliance Programs' to Enhance Compliance Plans," Health Law Developments, State Bar of Georgia's Health Law Section Newsletter (Spring 2017)
  • Author – "Medicare Shared Savings Program Accountable Care Organizations: The Door Nudges Open," Georgia Health Law Developments, State Bar of Georgia, Health Section (Fall 2014)
  • Author – "Managing Compliance With Physician Payments Sunshine Act," Pharmaceutical Compliance Monitor (December 2013)
  • Quoted – "Shining a Light on Physician, Industry Relationships," Medical News (August 2013)
  • Co-author – "Integration Strategies for the New Health Care Economy," American Health Lawyers Weekly (July 2010)
  • Author – "Integration Strategies for the New Health Care Economy," Atlanta Hospital News (January 2010)
Speaking Engagements
  • Speaker – "Roll Me Up and Smoke Me When I Die: Best Practices for Partnering with Hospice Providers," 2016 Long Term Care Symposium (November 2016)
  • Panelist – "Corporate Integrity Agreements: How to Negotiate Them and How to Live with the Consequences," Health Care Fraud Institute, Atlanta, Georgia (December 2015)
  • Panelist – "What's the Latest in Corporate Compliance? Protecting Your Client and Preempting Enforcement," Georgia ICLE Health Care Fraud Institute, State Bar of Georgia (December 2014)
  • Speaker – "Managing Your Risks and Communication Best Practices if Sentinel Events Occur," Baker Donelson Long Term Symposium (November 2014)
  • Speaker – "Understanding the Physician Payments Sunshine Act," Pershing Yoakley & Associates, Atlanta, Georgia (January 2014)
  • Speaker – "Legal Perspective: Avoiding Potential Antitrust Landmines," Healthcare Consolidation & Acquisitions Leadership Forum sponsored by Financial Resource Associates, LLC, Atlanta, Georgia (October 2013)
  • Speaker – "Understanding HIPAA and Other Privacy Laws," Dixon Healthcare Solutions, Inc., Wakioloa, Hawaii (September 2013)
  • Speaker – "Contract Issues in a Changing Health Care Economy," Dixon Healthcare Solutions, Inc., Wakioloa, Hawaii (September 2013)
  • Speaker – "ACOs: The Shared Savings Program and Beyond," Southern Medical Association, Washington, D.C. (March 2013)
  • Speaker – "Survival Strategies for the 21st Century: Multispecialty Medical Practice Formation," East Georgia Physicians Group, Statesboro, Georgia (February 2013)
  • Speaker – "How to Make Your Compliance Program Top Notch," Baker Donelson Long Term Care Symposium, Nashville, Tennessee (November 2012)
  • Keynote Speaker – "Managing Regulatory Risk in a Changing Health Care Economy," Louisiana Nursing Home Association Annual Meeting, New Orleans, Louisiana (September 2012)
  • Speaker – "Preparing for a Changing Health Economy," IMPACT Medical Consulting, Compass IPA and Northwest Georgia Physicians Association, Adairsville, Georgia (July 2012)
  • Speaker – "Integration Strategies for a Changing Health Care Economy," IMPACT Medical Consulting and East Georgia Physicians Group, Statesboro, Georgia (April 2012)
  • Speaker – "Survival Strategies for a Changing Health Care Economy," Dixon Healthcare Solutions, Inc., Las Vegas, Nevada (January-February 2012)
  • Speaker – "HIPAA Privacy and Security Rules," Dixon Healthcare Solutions, Inc., Las Vegas, Nevada (January-February 2012)
  • 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 2011)
  • Speaker – "Integration Strategies for a Changing Health Care Economy," East Georgia Physicians Group, Statesboro, Georgia (October 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)
  • 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-May 2010)

Thomas William Baker represents healthcare providers and suppliers of goods and services to the healthcare industry in connection with regulatory and transactional matters. One satisfied client says: 'I have tremendous respect for him. He's a major asset.'

Thomas William Baker of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC possesses extensive experience in healthcare matters including M&A, physician integration and reimbursement. Clients regard him to be 'a very trusted source of information and our go-to expert in this area.'

Email Disclaimer

NOTICE: The mailing of this email is not intended to create, and receipt of it does not constitute an attorney-client relationship. Anything that you send to anyone at our Firm will not be confidential or privileged unless we have agreed to represent you. If you send this email, you confirm that you have read and understand this notice.
Cancel Accept