Phil Kim

Practices

Education and Clerkships

J.D., Southern Methodist University Dedman School of Law, cum laude; Executive Editor, SMU Science and Technology Law Review

B.A., University of Texas at Austin, with honors

Admissions

Texas

Court Admissions

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Texas

Languages

Korean

Profile

Phil Kim has extensive experience in healthcare law and focuses his practice on transactional and regulatory healthcare matters for healthcare clients seeking to navigate one of the most heavily regulated industries. He represents various types of providers, ranging from healthcare systems, hospitals, ambulatory surgery centers, physician groups (including non-profit health organizations, or NPHOs), home health providers, and other healthcare professionals in mergers and acquisitions, joint ventures, and operational matters, which include licensure, contractual, and administrative issues.

Phil has assisted clients on various types of healthcare arrangements and provider agreements, including the transition of hundreds of physicians from a prior physician group to a new NPHO with a restructured employment model. He has also reviewed and drafted a wide range of professional services agreements, clinical and educational affiliation agreements, lease agreements, business associate agreements, and other services agreements between healthcare companies and various other entities in both the private and public sectors.

Phil regularly advises clients on healthcare compliance issues involving liability exposure, the Stark law, anti-kickback statutes, and HIPAA/HITECH privacy issues. He has also counseled clients in a broad spectrum of matters involving state and federal healthcare laws, complex business issues, employment issues, and various government agencies, including different state Medicaid agencies, the Texas Medical Board, and Medicare Administrative Contractors.

Year in Review

False Claims Act: Year in Review

The False Claims Act Year in Review 2018

The False Claims Act continued to be a significant focus of government and whistleblower activity in 2018. This Year in Review highlights several key developments.

Selected Client Representations

  • Regularly provide routine operations counsel and regulatory and compliance advice regarding federal and state laws and regulations for national hospital systems, individual hospitals, physician groups, ambulatory surgery centers, and other healthcare organizations.
  • Represented investors and operators in the formation of non-profit health organizations (NPHOs), formerly known as “5.01(a) organizations”).
  • Represented client in transitioning all arrangements to an NPHO that served as a subsidiary of a county hospital district.
  • Represented various provider types before state licensing agencies including the Texas Medical Board.
  • Conducted internal compliance reviews and assessments for healthcare clients.

Newsletter

Health Law Vitals

Health Law Vitals - A Healthcare Newsletter from Haynes and Boone

The Haynes and Boone Health Law Vitals Newsletter explores significant developments and legislation in healthcare law. This edition discusses healthcare hazards involving medical records during bankruptcy, a ninth circuit decision that impacts settling FCA defendants, an update on telehealth in Texas, and guidance on how to avoid FCA liability for firms investing in healthcare companies.

Professional and Community Activities

  • American Health Lawyers Association
  • American Bar Association, Health Law Section
  • State Bar of Texas, Health Law Section
  • Dallas Bar Association, Health Law Section
  • Dallas Asian American Bar Association

Healthcare

Healthcare | Haynes and Boone, LLP

Should States Embrace Telehealth Parity?

Parity in telehealth is the notion that health services provided via telehealth technology should be treated equally as health services provided face-to-face. This is consistent with coverage parity, which requires payors to provide the same level of insurance coverage for patient encounters and services, while payment parity (a.k.a. reimbursement parity) requires payors to pay or reimburse providers the same rates whether the encounter or service provided occurred in person or via telehealth.

Selected Publications and Speeches

  • “The Stark Law and Certain Trending Hospital/Physician Arrangements,” speaker, the American Academy of Professional Coders (AAPC) meeting, June 2018.
  • “Key Factors to Consider When Investing in a Healthcare Entity,” co-author, Headnotes, Dallas Bar Association, February 2018.
  • “Navigating the Maze of End-of-Life Decisions Regarding the Rejection of Life Sustaining Treatment, Medical Futility, Physician-Assisted Death, and Abortion,” author, SMU Science and Technology Law Review, Fall 2010.

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