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Somer Hayes concentrates her practice on complex regulatory and transactional matters in the health industry. She counsels health care providers and organizations on a broad range of regulatory, operational, compliance and transactional matters and regularly advises on the corporate practice of medicine, fee splitting, and state and federal privacy and fraud and abuse laws.

Somer helps structure health-industry joint ventures and mergers and acquisitions in tandem with GT corporate attorneys. Somer conducts regulatory due diligence and diligence remediation efforts in connection with transaction involving hospitals, hospital districts, certified non-profit health care organizations, management services organizations, physician groups, long-term care providers, assisted living facilities, inpatient rehabilitation facilities, ambulatory surgery centers and other health industry clients. She advises clients as they navigate issues related to the Stark Law, state and federal anti-kickback statutes, HIPAA, HITECH, and Medicare and Medicaid billing, enrollment and changes of ownership. Somer advises clients on licensing, accreditation and corporate governance. Somer regularly drafts and negotiates management services agreements, operating agreements and employment agreements. She advises on telemedicine and telehealth and has represented practitioners in professional liability matters and licensing board investigations.

Prior to entering private practice, Somer worked as a registered nurse in various hospital and outpatient settings. She has broad experience with both the clinical elements of the health care industry as well as the practical business elements of providing those clinical services in a highly-regulated environment.

Concentrations

  • Health care regulatory compliance
  • Health industry mergers and acquisitions, joint ventures, and strategic partnerships
  • Corporate practice of medicine
  • Medicare and Medicaid participation and compliance
  • Stark Law, physician self-referrals and false claims
  • State and federal anti-kickback statutes
  • Corporate formation, governance, and restructuring

Capabilities

Experience

  • Represented an affiliate of H.I.G. Growth Partners in connection with its acquisition of Livi Medical Services, PLLC and Phoenician Hospice, PLLC, regional providers of family medicine and hospice services.
  • Advised clients regarding transactions involving hospitals, nursing facilities, inpatient rehabilitation facilities, assisted living facilities and hospice and home health agencies.
  • Conducted regulatory due diligence in connection with the merger or acquisition of various health industry vendors, suppliers and providers.
  • Registered Nurse, Texas Board of Nurse Examiners

Recognition & Leadership

  • Listed, Super Lawyers magazine, Texas Super Lawyers, "Rising Stars," 2018-2022
  • Member, American Bar Association, Health Law Section
  • Member, American Health Lawyers Association
  • Member, Dallas Bar Association, Health Law Section

Credentials

Education
  • J.D., cum laude, SMU Dedman School of Law
    • Member, SMU Science & Technology Law Review
  • B.S., The University of Texas at Arlington
Admissions
  • Texas