Health Care

Health Care is one of the driving economic forces in the South and in the country; it’s also an essential focus of our firm.

In such a highly complex and regulated environment, we practice preventative law, by not only assisting clients with achieving their goals, but also avoiding unnecessary legal issues. Our attorneys represent numerous health care organizations, including hospitals, senior living facilities, surgery centers, pharmacies, pharmaceutical manufacturers and distributors, hospice and home health agencies, physician practices, and diagnostic centers, as well as medical device, biotech, and information technology companies. From a corporate standpoint, our representation ranges from regulatory compliance issues, to acquisition, expansion, and formation projects, to medical staff concerns. When it comes to understanding the intricacies of health care corporate law, thriving businesses turn to the Burr & Forman Health Care team.

Corporate Formation, Governance, and Transactional

We routinely assist health care providers with corporate formation, governance, mergers, acquisitions, and other transactional issues, including the following:
  • Forming physician practices and other health care entities
  • Drafting and negotiating employment, independent contractor, recruitment, and other health care-related agreements
  • Drafting medical staff bylaws and policies
  • Mergers, acquisitions, and consolidations of health care entities
  • Analyzing and forming joint ventures involving health care providers
  • Analyzing and organizing accountable care organizations ("ACOs") and other types of integrated health care delivery systems
  • Providing guidance on employee compensation and benefit matters


We have immense experience assisting health care providers in any and all types of regulatory issues they may face, including the following:
  • Preparing state licensure filings for both individual and facility providers
  • Preparing and filing change of ownership documents with the appropriate state and federal agencies
  • Advising on state and federal fraud and abuse issues
  • Assisting with third-party payor enrollment, billing, and compliance
  • Providing guidance on HIPAA and HITECH compliance and preparing HIPAA compliance plans and related forms
  • Analyzing hospital and physician relationships and drafting related agreements
  • Handling various labor and employment regulatory issues
  • Assisting with intellectual property filings and compliance issues

Certificate of Need Compliance

Our experience with certificate of need matters is quite vast. From a corporate standpoint, our certificate of need experience includes the following:
  • Analyzing proposed projects for general compliance with state certificate of need laws
  • Drafting and filing letters of non-reviewability and change of ownership notices
  • Assisting in the preparation of certificate of need applications

    Our Attorneys

    Howard Bogard
    Partner ~ Birmingham, Alabama|
    (205) 458-5416
    (205) 244-5605
    Richard Brockman
    Counsel ~ Birmingham, Alabama|
    (205) 458-5175
    (205) 458-5100
    Edward Brown
    Partner ~ Atlanta, Georgia|
    (404) 685-4292
    (404) 214-7947
    David Dowd, III
    Partner ~ Birmingham, Alabama|
    (205) 458-5293
    Cell: (205) 907-0830
    (205) 244-5629
    Sean Dudley
    Associate ~ Mobile, Alabama|
    (251) 345-8221
    (251) 344-9696
    Kelli Fleming
    Partner ~ Birmingham, Alabama|
    (205) 458-5429
    (205) 244-5762
    Edward Hardin, Jr.
    Counsel ~ Birmingham, Alabama|
    (205) 458-5377
    (205) 244-5731
    James Hoover
    Partner ~ Birmingham, Alabama|
    (205) 458-5111
    (205) 244-5660
    Chester "Chet" Hosch
    Partner ~ Atlanta, Georgia|
    (404) 685-4279
    (404) 214-7979
    J. Matthew Kroplin
    Associate ~ Nashville, Tennessee|
    (615) 724-3248
    (615) 724-3348
    Michelle Mersey
    Associate ~ Atlanta, Georgia|
    (404) 685-4309
    (404) 214-7498
    John Mooresmith
    Counsel ~ Montgomery, Alabama|
    (334) 387-2072
    (205) 244-5685
    John Morrow
    Partner ~ Birmingham, Alabama|
    (205) 458-5298
    (205) 244-5687
    Norman Orr
    Partner ~ Birmingham, Alabama|
    (205) 458-5142
    (205) 224-9453
    Gene Price
    Partner ~ Birmingham, Alabama|
    (205) 458-5328
    (205) 244-5698
    Angie Smith
    ~ Birmingham, Alabama|
    (205) 458-5209
    (205) 244-5728
    Ed Snow
    Partner ~ Atlanta, Georgia|
    (404) 685-4295
    (404) 214-7931
    Daniel Snyder
    Associate ~ Birmingham, Alabama|
    (205) 458-5417
    (205) 244-5652
    Jerry Taylor
    Partner ~ Nashville, Tennessee|
    (615) 724-3247
    (615) 724-3347
    George Taylor, III
    Partner ~ Birmingham, Alabama|
    (205) 458-5254
    (205) 244-5711
    Jackie Trimm
    Counsel ~ Birmingham, Alabama|
    (205) 458-5224
    (205) 714-6824
    Robert Williams
    Partner ~ Tampa, Florida|
    (813) 367-5712
    (813) 357-3533
    Thomas Wood
    Partner ~ Mobile, Alabama|
    (251) 345-8203
    (251) 706-2412

    Experience Matters

    Brief sentence defining representative matters.

    • Senior Secured Notes Offering

      Represented ProAssurance in its offering of 5.30% senior secured notes worth $250 million.
    • HUD Refinancing, Section 232

      Closed HUD loans on five nursing homes owned by related parties under a master lease structure. Representation included restructuring the working capital line and inter-creditor agreement.
    • Acquisition

      Represented ProAssurance, the nation's fourth largest seller of medical liability coverage, in the acquisition of Eastern Insurance Holdings, Inc., for $205 million in cash to expand its workers’ compensation coverage.
    • Joint Venture

      Represented Caresouth Health System in a joint venture with LCS., a national leader in senior lifestyle services and senior living community development and management. Caresouth Health System will operate a home health care business and senior living facilities owned by LCS.
    • Acquisition

      Represented Colonial Properties Trust in its acquisition by Mid-America Apartment Communities Inc., a Memphis-based residential landlord. Mid-America agreed to purchase Colonial Properties Trust for approximately $2.2 billion in stock to expand as demand climbs for U.S. apartment rentals.


    August 22, 2012
    Debra L Mackey spoke at the Innovation Depot on the topic of "Health Care Reform: It's Not Just For the Big Buys."
    November 15, 2014
    Debra L Mackey spoke at the 2013 Birmingham Symposium, Southern Employee Benefit Conference
    August 02, 2010
    Kelli Fleming Speaker at the Medical Group Management Association, Decatur, Topic "Legally Capturing Ancillary Revenue Within Your Practice."
    February 14, 2011
    Kelli Fleming Speaker at the Medical Group Management Association, Marshall County, Topic "HITECH: The Update to HIPAA