R. Barrett Richards
Barrett Richards devotes his practice to the businesses, missions, and practices of those in the health care industry. He has more than 30 years of experience advising clients in the highly regulated world of health care including operations, business transactions, regulatory issues and taxation.
Barrett has deep and broad experience counseling health care providers and related businesses concerning, among others, the Affordable Care Act, HIPAA, Medicare, Medicaid, federal and state anti-kickback laws, the Stark self-referral limitations, the antitrust laws, and the False Claims Act.
Barrett also provides representation regarding the organization, operation, financing, acquisition, and sale of taxable and tax-exempt entities including hospitals, ambulatory surgery centers, specialty hospitals, home health providers, nursing homes, durable medical equipment providers, pharmacies, holding companies, and related business organizations, joint ventures, and partnerships.
Barrett’s guidance on day to day issues includes:
- Development and implementation of corporate compliance programs.
- Medical staff bylaws, physician relations, and board of directors best practices.
- Physician employment arrangements.
- Entity governance.
- Private placements of interests in special purpose entities, hospitals, ambulatory surgery centers, and similar venture.
- Representation of borrowers in taxable and tax-exempt financings.
- Representation of institutional health care providers with respect to licensure, credentialing, physician recruitment, hospital based physicians, medical school affiliation arrangements, indemnity and self-insurance, and associations of healthcare providers.
Whether a client is for-profit or tax exempt, Barrett has deep knowledge in the federal and state tax laws applicable to health care providers and those whose services and businesses complement health care providers.
Compliance with laws and regulations is crucial, but is only a part of the business of health care. Barrett works to find solutions that are not only legally compliant, but also the least burdensome on the day-to-day operations of his clients
- Represented a national tax-exempt health system in the $40 million acquisition of home health and hospice agencies across the Southwest United States.
- Represented for-profit, physician owned hospital in the process of withdrawal from a failing multi-hospital group.
- Represented the physician venturers in a joint venture with a major non-profit hospital group to establish one of the last physician-owned hospitals to continue to participate in federal payment programs under the revised Stark regulations.
- Represented the participants in the formation and tax-exemption of a hospital corporation, and the subsequent acquisition by that entity of a free-standing hospital in an underserved urban area from a major, national, for profit hospital chain.
- Represented the lead hospital in the establishment of a free-standing home health agency, owned, funded and operated by three unrelated tax-exempt hospital entities.
- Represented a multi-hospital group in the establishment of a self-insurance trust and pool for tort and general liability claims.
- Represented a hospital participant in a multi-hospital advance refunding and refinancing under a $74,800,000 tax-exempt pooled bond program.
- Represented a tax-exempt hospital organization in an affiliation arrangement with a major, regional medical center school of pharmacy.
- Represented a dental management group in the establishment, organization and operation of a multi-state dental management company.
- Represented a regional hospital in the successful defense against expulsion from Medicare for alleged EMTALA violations.
Highlights & Recognitions
- The Best Lawyers in America® Health Care Law, 2016-2018
- Who’s Who in Health Care, Dallas Business Journal, October 2014 (the only practicing lawyer among the 24 named)
- AV Preeminent Rating, Martindale-Hubbell
- Health Law – Board Certified by the Texas Board of Legal Specialization
- Tax Law – Board Certified by the Texas Board of Legal Specialization
- Estate Planning and Probate Law – Board Certified by the Texas Board of Legal Specialization
Memberships & Affiliations
- Hankamer School of Business, Baylor University, Health Care MBA Advisory Board, Charter Member, 2004-present
- Dallas Bar Association, Health Law, Chairman, 2004, Tax Law and Probate, Trust & Estate Sections
- State Bar of Texas, Health Law, Tax Law, Real Estate & Probate Law and Business Law Sections
- American Bar Association, Health Law, Tax Law, Trusts & Estates and Business Law Sections
- American Health Lawyers Association
- Healthcare Financial Management Association
- Health Care Compliance Association
- Texas Health Lawyers Association
- Texas Bar Foundation, Life Fellow
- Baylor Business Network of Dallas, Steering Committee, 2005-2009
- Dallas Bar Association, Ethics Committee and Morris Harrell Professionalism Committee
- Baylor University College of Arts and Sciences, Board of Advocates
- Hankamer School of Business, Baylor University, Annual Guest Lecturer, Health Law and Ethics
Non-FBT Publications and Events
"Fraud and Abuse is Alive and Well, Is It Coming to a Hospital Near You? - Dealing with Anti-Kickback, Stark, and Related Risks under MACRA, MIPS, and APMs," Texas Association for Health Care Financial Administration, Parkland Hospital, Dallas, Texas, July 28, 2017
"The Drive to Consolidate Healthcare Providers; Understanding It, Coping With It, and Benefiting from It," Frost Brown Todd Health Care Forum, June 27,2017
"Thriving Under the New MIPS and APM Payment Systems Implemented by MACRA," Health Care Financial Management Association, South Texas Annual Institute, San Antonio, Texas, May 22, 2017
"Taxation of Health Care Mergers and Acquisitions," Summer Health Care Institute, American University of Law, Washington, DC, June 25, 2016
"The Near Term Future of Health Care Mergers and Acquisitions," Panel Presentation to the Association for Corporate Growth, Mid-South Capital Connection; Nashville, Tennessee, June 23, 2016
“Preparing Your Staffing Business for Compliance with the Affordable Care Act” Texas Association of Staffing Annual Meeting, April 18, 2013
“Texas Limited Liability Company, Forms and Practice Manual,” Bowers, Coleman, O’Daniel, and Richards, Data Trace Publishing Company (Annual Updates)
“Machiavelli Had Nothing on Congress (or, What You Don’t Know WILL Hurt You)” Baylor Institute for Rehabilitation, Nov. 11, 2008
“The Business of Medicine” Presentation of Hot Topics in the Delivery of Health Care – Update for Practitioners; September 26, 2007
“Hospital Department Co-Management Agreements, An Alternative to Joint Ventures and Gainsharing,” University of Houston Law Center; Health Law Symposium, July 13 and 20, 2007
Panelist – “The Texas Lawyer Health Law Round Table” – The Belo Mansion, Dallas, Texas; January 25, 2007 (Published in The Texas Lawyer, March, 2007
“Tax Challenges of Captive Insurance Companies,” Jardine Lloyd Thompson Health Care Risk and Captive Insurance Forum, Napa, California, March 27-29, 2006
Health Law Segment – “The Annual Survey of Texas Law,” The Texas Lawyer, December, 2004
“Complying with HIPAA Standards and the New Security Requirements,” National Business Institute, Dallas, TX, September 22, 2004
“Sorry, Virginia, There Really Is No Santa Claus [Or, The Current Tax Status of Joint Ventures Between Non-Profit and For-Profit Entities],” Dallas Bar Assn. Health Law Section, June 16, 2004
“Current Federal Health Care Enforcement Actions and Upcoming Target Areas,” Healthcare Financial Management Association, Dallas, Texas, April 22, 2004
“The St. David’s Health Care System Decision and Its Effects on Health Care Joint Ventures,” Epstein Becker & Green National Health Law Practice Seminar, Washington, DC, April 16, 2004
“Current Status of Enforcement and Guidance: The Antitrust Laws as Applied to IPAs, Networks, and Health Care Systems,” The IPA Association of America, Dallas and Houston, Texas, February 11 and 12, 2004
“Effect of the new HIPAA Regulations on Employers: Compliance and Concerns – Living with HIPAA Privacy, Security, and Portability Requirements,” American Society of Professional Educators, Dallas and Houston, Texas, January 28 and 29, 2003
“Analysis of Stark II Final Regulations — Physicians’ Referrals to Health Care Entities With Which They Have Financial Relationships,” Dallas Bar Association Health Law Section, February 21, 2001