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. 

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^® (Health Care Law), 2005–2021
• 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)

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, September 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, December 2010
• “Health Care Reform, Transparency, and Program Integrity,” Insights, Focus on Health Care, Willamette Management Associates, Spring 2010