Thomas D. Anthony
Tom focuses on health care, corporate transactions, regulatory, and joint ventures.
Tom provides advice on Stark, Anti-Kickback and all other health care regulatory matters. He is counsel to hospitals regarding clinically integrated networks, medical staff bylaws, physician relations, acquisition of medical groups, corporate governance, acquisitions of outpatient and ancillary facilities, strategic alliances and joint ventures, the establishment of provider-based facilities, executive employment agreements, Medicare compliance, contracting, and employment matters. Tom also represents several senior living owners and operators in mergers/acquisitions, regulatory, patient rights, and financings.
Tom is Chair of the firm's Health Care Industry Practice.
Former CEO PacifiCare of Ohio, Inc., (now part of United Healthcare), PacifiCare Senior Leadership Council, PacifiCare Health Services Council, and PacifiCare of Ohio Board of Directors, 1998 – 2001.
Former executive vice-president, chief legal officer and secretary, ChoiceCare, formerly Greater Cincinnati's largest health maintenance organization. Member of senior executive team. Legal responsibilities included ChoiceCare’s initial public offering and $250 million merger with Humana, 1996 - 1998, and creation of the Impact for Health Foundation.
Partner in law firm of Frost Brown Todd LLC (formerly Frost & Jacobs ), of counsel as of January 1, 1996, Cincinnati, Ohio. Chair of health care practice group. Health care, corporations, partnerships, joint ventures, real estate and taxation, representing 200+ corporations, from proprietorships to SEC, 1989 - 1998
Partner in the Cincinnati office of the law firm of Benesch, Friedlander, Coplan & Aronoff (formerly Walker, Chatfield & Doan). Entrepreneurial practice focused on taxation and small business. Committees: Corporate, Client Development, Recruiting, 1979 - 1989
Tax specialist, Ernst and Young, Cleveland, Ohio. Ranked first on staff in overall performance. Responsible for consulting, tax planning and compliance work for corporate, partnership and individual clients, 1977 - 1979
Represented a tax-exempt health care system in the creation of a new $250 million health care campus and the closing of its existing campus, including the sale of over 10 medical practices, a long-term care facility, and other ancillary health care businesses associated with the old campus.
Represented a for-profit hospital in the sale of its facilities, valued over $100 million.
Represented a medical group of over 115 multi-specialty physicians with 12 offices, an ambulatory surgical center, a MRI diagnostic facility, a pharmacy and other ancillary facilities in its acquisition by a large urban health care system.
Represented a region's largest multi-specialty medical group with 9 offices, an ambulatory surgical center, an imaging center and other ancillary facilities in its merger with a large health care system.
Represented a physician-owned hospital in its acquisition of a large outpatient surgery center and the subsequent qualification of the surgery center as a "provider-based," hospital out- patient department, facility of the hospital.
Represented a health system in the formation of joint venture between a health system and private investors to own and operate imaging centers.
Represented major urban health system in creation of physician-hospital organization.
Represented the purchaser in acquisition of multi-state long term care chain.
Highlights & Recognitions
- Corporate Intl Magazine Global Award, Health Care Attorney of the Year in Ohio, 2019
- Corporate Intl Magazine Global Award, Health Care Attorney of the Year in Ohio, 2017
- Top Rated Lawyers in Mergers and Acquisitions, The American Lawyer and Corporate Counsel, 2012 and 2013
- Chambers USA,® America's Leading Business Lawyers 2012-2018
- AV Preeminent Rating, Martindale-Hubbell
- The Best Lawyers in America® Health Care Law, 2008-2019
- The Best Lawyers in America®, Lawyer of the Year 2018, Health Care Law
- Featured in Top Rated Lawyers Guide to Health Care Law, Corporate Counsel Magazine
- Who's Who in America®, 1994 - present
- The White House Fellowships, Regional Finalist, 1983
- Who's Who in American Law®, 1979 - present
- Who’s Who in Health Care®, 1997 - present
- Emerging Leaders of America, 1987 - 1999
- Rising Young Americans, 1991 - 2001
Memberships & Affiliations
- Cincinnati Bar Association
- Ohio State Bar Association
- American Bar Association
- American Bar Association Health Care Section, Member, 1994 - present
- Planning Committee of Emerging Issues Seminar Committee, Member, 2008 - 2013
- American Bar Association Section of Taxation, Former Member
- American Health Lawyers Association, Member, 1985 - present; Presenter at Annual Meetings in 1998 and 1995; Presenter at joint meeting of the American Medical Association and AHLA on buying/selling medical businesses, May 1992
- The National Managed Health Care Congress, Executive Advisory Board Member, 2000 - 2003
- American Association of Health Plans, Subcommittee on Performance Measures, Member, 1998 - 2004
- Ohio State Bar Association, Health Care Section and Insurance Law Committee, Member; Special committee on modifications to Ohio Certificate of Need law, Member, 1994 - 1996; OSBA/Ohio Hospital Association Committee on Workers' Compensation and insurance issues, Member, 1995 - 1997; Health Care Law Committee, Member, 1999- present
- Cincinnati Bar Association, Tax Section, Chair, 1993 - 1994; Health Care Law Committee, Member
Recent Blog Posts
- Huge Payday for Insurance Company under the Affordable Care Act’s Exchanges
- Kentucky “Pill Mill Bill” Amended by House Bill 217
- HIPAA Final Rule - What's a Covered Entity Supposed to Do?
- HIPAA Final Rule – What’s a Covered Entity Supposed to Do?
- HIPAA Final Rule - What's a Covered Entity Supposed to Do?
- HIPAA Final Rule - What's a Covered Entity Supposed to Do?
- The Final Omnibus HIPAA Rule is Finally Here
- CMS Proposed Rules Provide Framework for Organizing Accountable Care Organizations
- Business Associate Agreements Deserve a Second Look - February Deadline Looms
- Preparing for RAC Appeals - How to Preserve Your Rights to Appeal
- The Five Stages of Appeal of a Decision of a Recovery Audit Contractor
- Reminder - Per Click and Percentage Leases Face Restructuring Under Stark Law
- The Ohio Healthcare Simplification Act: Impact on “All Products” and “Most Favored Nations” Clauses
- The Ohio Health Care Simplification Act: Impact on Credentialing
- The Ohio Healthcare Simplification Act: Impact on Contracting Process
- ALP: If I set up an LLC...can someone still get my personal assets?
- ALP: I just received a subpoena concerning one of my patients. How do I avoid violating HIPAA?
- ALP: Are Letters of Intent binding?
- ALP: What is the status of non-competition agreements in health care?
- 163 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2019
- Frost Brown Todd Attorneys Recognized in 2018 Chambers USA®
- 161 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2018
- Frost Brown Todd Attorneys Recognized in 2017 Chambers USA®
- 168 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2017
- Frost Brown Todd Attorneys Recognized in 2016 Chambers USA®
- 175 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2015
- 63 Frost Brown Todd Attorneys Recognized in 2014 Chambers USA®
- 172 Frost Brown Todd Attorneys Recognized in 2014 Best Lawyers®
- 67 Frost Brown Todd Attorneys Recognized in 2013 Chambers USA®
- 167 Frost Brown Todd Attorneys Recognized in 2013 Best Lawyers®
- 150 Frost Brown Todd Attorneys Recognized in Best Lawyers® 2012 Edition
- 145 Frost Brown Todd Attorneys Recognized in Best Lawyers® 2011 Edition
Civic & Charitable Organizations
- Life Enriching Communities, Finance Committee, 2013 - present; Operator of Twin Lakes and Twin Towers Senior Living Facilities
- Health Collaborative, Treasurer and Chairman of Finance Committee, 2007 - present
- Playhouse in the Park, Board Member, 2006 - 2013; Finance Committee Corporate Giving Committee
- Association for Corporate Growth, President 2009 - 2010; President-Elect 2008-2009; Board Member, 2006 - present; Program Planning Committee, 2006 - present
- Cincinnati Nature Center, Board Member; Strategic Planning Committee; Land Acquisition Committee; Involvement 2002 - present
- American Heart Association, Cincinnati Chapter, Board Member; Corporate Cabinet; Golf Outing Committee; Nominating Committee; Involvement: 1996 - present
- Children's International Summer Villages, Organization devoted to fostering international peace and understanding through exchange programs. 19 U.S. Chapters, 147 Chapters in 65 nations; National Board of Trustees, 1981 ‑ 1984; National Finance Chair, 1982 - 1984; National Parliamentarian, 1984; Cincinnati Chapter President, 1982 - 1984; Chapter Fundraising Chair, 1979 - 1980, 2000 - 2001; Legal Counsel, 1979 - present; Risk Management Committee; Involvement: 1979 - present
Non-FBT Publications and Events
"Best Practices for Establishing and Running a Post-Acute Care Network" American Health Lawyers Association, Long Term Care and the Law, San Diego, California, February 23, 2017
"T. Management Services Organizations: Best Practices and Major Obstacles" American Health Layers Association, Nashville, Tennessee, May 18, 2016
"RVU's at Work: Relative Value Units in the Medical Practice," 2nd Edition, Co-Author of book, 2014
"The Healthcare Executive's Guide to ACO Strategy," 2nd Edition, Co-Author of book, 2015
"10 Steps to Creating an ACO - How to Establish an ACO or Commercial ACO: A Step by Step Guide to the New Business Model Under the Affordable Care Act," Physician Hospitals of America, Phoenix, Arizona, September 24, 2014
"Management Services Organizations (MSOS) The New Wave of Physician Alliances," 7th Annual Healthcare Deal Making Summit, September 16, 2014
"10 Steps to Setting Up an Accountable Care Organization," Ohio Hospital Association Annual Meeting, June 5, 2014
"RVU's at Work: Relative Value Units in the Medical Practice," 2nd Edition, Co-Author of book, September 2013
The Greeley Institute: Hospital – Physician Integration Strategies. A presentation on Integrated Delivery Systems, ACO’s, Bundled Payments, Patient Centered Medical Homes, Clinical Service Line Co-Management, and related topics. Boca Raton, Florida, November 2012; Palm Springs, California, January 2013; Colorado Springs, Coloardo, June 2013; Boca Raton, Florida, November 2013; Palm Springs, California, January 2014; Amelia Island, Florida, May 2014
"Perspectives on Third Party Payer Direct Investment and the Convergence of Providers and Payers," 6th Annual Healthcare Deal Making Summit, September 25, 2013
"Private Equity Investors' Perspectives on Investment Opportunities," 5th Annual Healthcare Deal Making Summit, September 20, 2012
"Clinical Integration - The Path to Accountable Care," Webinar, August 8, 2012
American Bar Association Emerging Issues Conference on "Hospital-Physician Joint Ventures and the Acquisition of Medical Groups by Hospitals," February 18, 2009, Orlando, Florida
"Case Study: St. Elizabeth Medical Center Acquisition of Patient First Practice Group;" Physician Agreement and Joint Ventures Conference, Chicago, Illinois, November 1, 2007
"Developing Your Company's Records Retention Policy,"
Ohio State Bar Association Corporate Counsel Institute, Columbus, Ohio, October 5, 2007
"It's a Jungle Out There"
Deaconess Hospital Retreat on the topic of Preventing Litigation, October 3, 2006
"Hospital/Physician Group Practice: Shared Risk Case Study"
Ohio Hospital Association Annual Meeting, June 12, 2006, Columbus, Ohio
"The GHA Acquisition by TriHealth"
Case study of the business, strategic, and legal issues of physician group acquisitions
Southwestern Ohio HFMA, May 11, 2006
"Buying and Selling a Medical Practice"
Physician Survival Symposium II - Medicine…It's Your Business
Greater Cincinnati Academy of Medicine, January 25, 2006
"Physician Hospital Integration Models"
Nightingale-Baird Annual Physician Agreements and Joint Ventures conference, Chicago, Illinois, November 4, 2005
"Managed Care Contract Strategies"
Health Care Financial Managers Association of Ohio, Dayton, Ohio, May 9, 2002
"Negotiating Better Managed Care Contracts"
American College of Health Care Executives Annual Meeting, Chicago, Illinois, March 20 and 21, 2002
"Advanced Topics in Managed Care: the Payor Perspective"
National Managed Health Care Congress, Atlanta, Georgia, March 19-21, 2001
"Health Care Liability Issues: Who is Responsible?"
College of Mount St. Joseph 2000 Legal Ethics Institute, Cincinnati, Ohio, March 28, 2000
The IPA Association of America 1999 Annual Meeting, San Diego, California, February 19, 1999
"Managed Care in the Cincinnati Market"
The University of Cincinnati Health Alliance of Greater Cincinnati, Physician Leadership Program, Cincinnati, Ohio, November 12, 1998
"The Changing Face of the Relationship Between Managed Care Organizations and Physicians"
The Greater Cincinnati Health Council - Annual Meeting and Health Conference Expo, Covington, Kentucky, November 12, 1998
"Case Study, The ChoiceCare Story: The Evolution, Conversion and Sale of a Locally Grown HMO" American Health Lawyers Association 1998 Annual Meeting, San Diego, California, June 28-July 1, 1998
"If I Set Up an LLC...Can Someone Still Get My Personal Assets?"
FBT Client Advisory 2009
"Subpoenas and HIPAA: I just received a subpoena concerning one of my patients. How do I avoid violating HIPAA?"
FBT Client Advisory 2008
"Information for Employers Regarding Discount Health Cards"
Medical News (May 2007)
"What is the Status of Non-Competition Agreements in Health Care?"
Cincinnati Business Courier (October 2004)