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Haynes and Boone, LLP

Phillip L Kim

Phillip L Kim

Partner

Expertise

  • Privacy and Data Security

WSG Practice Industries

Activity

WSG Leadership

WSG Coronavirus Task Force Group
Member
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.

Bar Admissions

Texas
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

Education

J.D., Southern Methodist University Dedman School of Law, 2011, cum laude; Executive Editor, SMU Science and Technology Law Review
B.A., Government, University of Texas at Austin, 2007, with honors
Areas of Practice

Privacy and Data Security

Professional Career

Significant Accomplishments

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.

Represent various provider types before state licensing agencies including the Texas Medical Board.

Conduct internal compliance reviews and assessments for healthcare clients.
Articles

COVID-19 Related Healthcare Fraud and Anti-Kickback Enforcement Focuses on Laboratory Testing
Haynes and Boone, LLP, July 2020

While the U.S...

COVID-19 Quick Reference Regulatory Guide for Healthcare Providers
Haynes and Boone, LLP, May 2020

As healthcare providers respond to increased demands on supplies and resources due to the COVID-19 pandemic, regulators have issued certain flexibilities and guidance in responding to the public health emergency. The following guide and frequently asked questions are designed to address some of the more common issues and questions that providers face. As always, legal advice is fact-sensitive...

New Law Provides $100 Billion of Additional Healthcare Funding for COVID-19 Response
Haynes and Boone, LLP, April 2020

Today, the federal government enacted the Paycheck Protection Program and Health Care Enhancement Act (the “PPP/HCE Act”) to provide additional funding for loan and grant programs in response to the COVID-19 pandemic. The PPP/HCE Act modifies and increases funding for the Paycheck Protection Program and the Small Business Administration Economic Injury Disaster Loan program, as discussed in greater detail here...

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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