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. 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 companies on the buy- and sell-side of mergers and acquisitions, joint ventures, and operational matters, which include regulatory, licensure, contractual, and administrative issues.

Phil also assists a number of multinational technology companies entering the digital health space with various service and collaboration agreements for their wearable technology. His clients also include public medical device, biotechnology, and pharmaceutical companies, as well as the investment banks that serve as underwriters involved in the public securities offerings for such healthcare companies.

Phil has assisted several clients with myriad 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 also counsels clients on a broad spectrum of matters involving state and federal healthcare laws, complex business structuring and formation issues, employment issues, and matters involving various government agencies, including different state Medicaid agencies, the Texas Medical Board, and Medicare Administrative Contractors.

Featured Event

Phil Kim

Phil Kim to Present at 2019 National Asian Pacific American Bar Association Convention

Phil Kim will present “Gamechangers and Tightrope Walkers: How Digital Health Companies Can Balance Innovation and Government Compliance with Data Use, Artificial Intelligence, and Virtual Health" as part of a CLE panel about Digital Health at the 2019 National Asian Pacific American Bar Association Convention in Austin, TX, November 7-10, 2019.

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 the fiduciary duties of directors in medical technology, the promises and pitfalls of telehealth, the FDA's expansion of the Abbreviated 510(k) pathway, and more.

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

  • “Gamechangers and Tightrope Walkers: How Digital Health Companies Can Balance Innovation and Compliance with Data Use, AI, and Virtual Health,” Speaker, National Asian Pacific American Bar Association Convention, November 2019.
  • “OCR Lowers Fines for HIPAA Violations: What You Need to Know,” author, HCPro, June 2019.
  • “Regulatory Issues for Healthcare Employers to Consider,” speaker, 24th Annual Asian Pacific Interest Section (APIS) Annual Conference, Austin, Texas, April 26, 2019.
  • “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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