Barbara L. Nay

Barbara L. Nay

Senior Counsel
Portland, OR
Overview

About Barbara

Barbara Nay is Senior Counsel to the firm concentrating her practice in healthcare and hospital law and general business practice. Barbara works with hospitals, physician groups, managed care organizations, diagnostic facilities, practice management companies and other health care entities. During nearly 40 years of practice, Barbara has worked on a wide range of matters including mergers and acquisitions, Stark and anti-kickback analysis, provider contracts, government investigations, capitation and other risk sharing arrangements, joint ventures, certificate of need, medical staff matters, fraud and abuse, and entity formation, organization and governance. Barbara’s experience representing managed care organizations, including some of the earliest in the region, enables her to provide practical advice to clients regarding current health care reform initiatives, such as accountable care organizations.

Before focusing her practice on business matters, Barbara handled matters in litigation, including medical malpractice defense as an attorney at Dorsey & Whitney in Rochester, Minnesota and medical staff peer review and antitrust litigation as an associate at Stoel Rives. After finishing law school, Barbara clerked for the Honorable Sherman G. Finesilver, U.S. District Court, District of Colorado, and the Honorable William E. Doyle, U.S. Court of Appeals, Tenth Circuit.

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Experience

Experience

Transactions

  • Represented multi-specialty physician group in sales of practice lines to a hospital organization.
  • Represented medical oncology practice in transition from affiliation with a practice management company to affiliation with a non-profit health care system.
  • Organized several joint ventures involving hospitals and physicians, including diagnostic imaging ventures and ambulatory surgery centers.
  • Representation of hospitals in acquisitions of physician practices.
  • Represented financially distressed provider of mental health services in successful merger with another service provider.
  • Represented hospital in acquisition of neighboring hospital.
  • Represented hospital corporation in connection with a facility closure.
  • Represented radiology group in acquisitions of other radiology practice groups.

Regulatory Matters

  • Represented health maintenance organization in obtaining certificate of need to construct the first new hospital in Portland metropolitan area in more than two decades.
  • Representation of medical group practices providing ancillary services in analysis of Stark, anti-kickback, anti-markup and reimbursement requirements.
  • Represented physician network organization in successfully obtaining certificate of authority as a health care service contractor.
  • Represented hospital facing state and federal civil and criminal investigation of whistleblower allegations of improper billing.
  • Representation of providers in connection with Medicaid billing audits and payment disputes.
  • Representation of providers in analyzing potential overpayments and disclosure obligations.
  • Represented 12 Oregon hospitals under investigation for alleged civil fraud in connection with outpatient laboratory billings.

Corporate Matters

  • Representation of Medicaid managed care organizations in connection with a variety of matters including governance, risk contracting arrangements, regulatory compliance and transactions.
  • Represented physicians in contentious departure from group practice, including negotiation of separation arrangements, formation of new professional organization and development of shareholder agreements and employment contracts.
  • Representation of hospitals, group practices and provider networks in developing bylaws, credentialing policies and fair hearing plans.
  • Extensive experience working with medical and dental practice management companies, including analysis of issues related to corporate practice of medicine and representation in practice acquisitions.

Contracting

  • Representation of both hospitals and physicians in developing and negotiating physician recruiting arrangements, medical director agreements, employment agreements and practice management agreements.
  • Represented consortium of large medical groups in negotiation of capitated contracts and risk pool arrangements.
  • Representation of provider network organizations in development of provider contracts, including compensation provisions. 
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Honors

Honors & Activities

Professional Honors & Activities

  • Named by Best Lawyers® as Health Care Law “Lawyer of the Year,” Portland, 2011, 2017 and 2019
    (“Barbara is outstanding as a trusted and relied upon attorney. She...understands her client’s practical needs.” “Barbara Nay is very knowledgeable, responsive and experienced.” “I have confidence in her advice.”)
  • Named by Best Lawyers® Lawyers as one of the 39 “most accomplished female attorneys in corporate-facing practice areas” in the nation for its “Women in the Law” Business Edition, 2019
  • Included in The Best Lawyers in America© (currently: Health Care Law), 2005-2020
  • Member, American Health Lawyers Association
  • Chair, Stoel Rives Coaching and Mentoring Committee, 2007-2011
  • Member, Oregon State Bar Mentoring Task Force
  • Past president, Oregon Society of Hospital Attorneys
  • Member, American Bar Association and Health Law Section
  • Member, Health Law Section, Oregon State Bar Association
  • Member, Washington State Bar Association
  • Editorial board, Oregon Health Law Manual (past)

Civic Activities

  • Board of Directors, Tucker Maxon School (past)
  • Health Care Committee, Oregon Business Association (past)
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Insights & Presentations

Insights & Presentations

  • Speaker before various groups on legal issues in health care
  • Guest lecturer, MBA in Healthcare Management Program, Oregon Health & Science University/Portland State University
  • “Washington,” (co-author), Corporate Practice of Medicine: A Fifty State Survey, American Health Lawyers Association, 2014
  • “Avoiding Antitrust Traps in Merger Negotiations (co-author),” The Daily Briefing, The Advisory Board Company, Sept. 10, 2012
  • “Oregon’s Coordinated Care Organizations: Health System Transformation or Managed Care Revisited? (co-author),” Willamette Management Associates Insights, Winter 2013
  • “ACOs - Ready or Not, Here They Come?” Oregon Healthcare News, 2011
  • “The Final Rule for Group Practices that Provide Advanced Imaging Services,” Health Care Reform Alert, Dec. 2010
  • “Health Care Reform, Transparency, and Program Integrity,” Insights, Focus on Health Care, Willamette Management Associates, Spring 2010



Related News & Publications


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