People: Chris DeMeo, Senior Counsel

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Chris DeMeo

Senior Counsel

Houston
Direct: (713) 225-0292
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Chris DeMeo is senior counsel in the Health Law Department of Seyfarth Shaw LLP’s Houston office where he counsels and represents hospitals, physician groups, pharmacies, post-acute providers, and independent diagnostic facilities regarding federal and state anti-kickback, Stark, HIPAA, licensing and false claim laws as they impact entity/facility acquisition, formation and development; reimbursement; licensing and operational matters; as well as litigation arising from such activities.

Chris DeMeo is senior counsel in the Health Law Department of Seyfarth Shaw LLP’s Houston office where he counsels and represents hospitals, physician groups, pharmacies, post-acute providers, and independent diagnostic facilities regarding federal and state anti-kickback, Stark, HIPAA, licensing and false claim laws as they impact entity/facility acquisition, formation and development; reimbursement; licensing and operational matters; as well as litigation arising from such activities.

Education

  • J.D., Baylor University School of Law (1996)
    Baylor Law Review Award for Excellence in Legal Writing, 1996
    Baylor Law Review (Member, 1994-1996; Notes and Comments Editor, 1995-1996)
    Order of Barristers, 1994-1996
    Finalist, Moot Court Competition, 1994
  • B.A., Hendrix College, magna cum laude, with distinction (1993)

Admissions

  • Texas

Courts

  • State Bar of Texas
  • United States District Courts for the Northern, Southern and Eastern Districts of Texas
  • United States Bankruptcy Court for the Southern District of Texas
  • United States Court of Appeals for the Fifth Circuit

Affiliations

  • American Health Lawyers Association (Hospital and Health System Leadership Development Program; Physician Organizations Practice Group; Hospital and Health System Practice Group; Business Organization and Governance Practice Group)
  • Health Information Management Society (ACO Taskforce; The Digital Office)
  • United States Fifth Circuit Bar Association
  • Texas Bar Association (Health Law Section; Corporate Section)
  • Houston Bar Association (Treasurer, Health Law Section)

Representative Engagements

In-house Counsel Experience

  • Served as contracted associate general counsel for non-profit health system. Managed compliance, transactional, litigation, integrated care network, physician relations, litigation, contracting and operations matters for six hospitals (including one joint-venture and two physician-owned hospitals), two community emergency centers and multiple outpatient facilities.

Compliance

  • Represent Business Associate and Covered Entity in breach notification and reporting for breach involving over 60,000 individuals. 
  • Represent health care provider in conversion of two acute hospital units to sub-acute, skilled nursing units including extensive dealings with state and federal regulatory authorities regarding certification of units based on access to care issues in the communities served by the facilities.
  • Advise health care company on multi-state licensure compliance across 20+ states for delivery of rehabilitation services in stand-alone facilities and within other licensed/certified providers.
  • Advise physician organizations on state and federal Anti-Kickback Statute and Stark law compliance for in-office ancillary service programs and investment opportunities.
  • Advise medical device distributors on Sunshine Act Compliance and reporting. 
  • Advise physician-owned hospital on Stark Law and Anti-Kickback Statute compliance for development of hospital-based outpatient facilities.

Transactional

  • Represent physician organization in formation of joint venture for delivery of physician services to health system including preparation and negotiation of governance documents for entity, ancillary service contracts for affiliate organizations and physician service agreement with health system. 
  • Represent physician organization in development of medical services facility including imaging and physical therapy and involving acquisition of land from local hospital, construction of facility, leasing to hospital and affiliate physician organization, and operations of ancillary services.
  • Represent physician organization in development of joint venture for ambulatory surgery center with hospital including preparation and negotiation of organizational and governance documents, ground lease and development agreement for facility.  
  • Represent medical device manufacturer in device and associated SaaS license agreements for clinical trials in United States and master supply agreements in European Economic Area including advising on FDA, HIPAA and EU device safety and information privacy laws.

Litigation

  • Represent physician as defendant in qui tam False Claims Act lawsuit alleging violation of anti-kickback statute and Stark law in home health arrangement. 
  • Represent durable medical equipment supplier in rate schedule litigation against regional administrator of TRICARE program including arbitration in California and dealings with U.S. Representative from client’s congressional district.
  • Represent stand-alone emergency clinic in multi-faceted state licensing and federal provider-based certification litigation involving two federal court civil actions and one state court civil action with claims of fraud by major private insurer and breach of contract against sponsoring hospital under provider-based emergency department management agreement.

ERISA

  • Development of stand alone long term care benefit plan for Voluntary Employee Benefits Association (VEBA) involving multi-state nursing home, assisted living facility, adult day care and home care benefits.  Manage ERISA, Patient Protection and Affordable Care Act (PPACA) and multi-state health care licensing and certification issues in working with actuary and plan trustee to create plan.  
  • Prepare summary plan description and notice documentation for employee health plan.
  • Advise insurance provider regarding Affordable Care Act and general ERISA compliance for employers with over 100 employees.

Presentations

  • “Advising the Board in Fraud and Abuse Investigations,” HBA Health Law Section (July 2015)
  • “Should I Stay or Should I Grow – Considerations When Buying or Selling a Hospice,” Texas New Mexico Hospice Association 33rd Annual Meeting (April 2015)
  • “Healthcare Regulatory Issues in Marketing Hospice,” Louisiana Mississippi Hospice and Palliative Care Organization Annual Conference, New Orleans, LA (July 2011)
  • “Accountable Care Organizations and DME,” VGM Heartland Conference, Waterloo, IA (June 2011)
  • “Fundamental Health Law for Hospice and Palliative Care,” Tennessee Association of Home Care Spring Conference, Nashville, TN (March 2011)
  • “Health Law Issues in Pediatric Palliative Care,” Texas New Mexico Hospice and Palliative Care Organization Annual Conference, Dallas, TX (March 2011)
  • “Fundamental Health Law for Hospice and Palliative Care,” Louisiana Mississippi Hospice and Palliative Care Organization Annual Meeting (July 29, 2010)
  • “EHR Implementation-What You Should Know When Converting from Paper to Digital,” Audio Educator Webinar Conference (March 2010)
  • “HIPAA Challenges and Solutions for Long Term Care,” Audio Educator Webinar Conference (November 2009)
  • “Defending Against Age-Based and Other ‘Recessionary Economy’ ERISA Claims: Cash Balance Plans, Early Retirement, Reductions in Force, and Beyond,” ACI ERISA Litigation Seminar, New York City, NY (October 2009)
  • “Fundamental Health Law for Hospice and Palliative Care,” Louisiana-Mississippi Hospice and Palliative Care Organization Leadership Conference (July 2009)
  • “Negotiating a Successful Practice or Employment Contract,” The Methodist Hospital-San Jacinto Resident Program, Houston, TX (November 2008)
  • “Legal Aspects of Documentation,” Memorial Hermann’s Pressure Ulcers and the Law Seminar (August 2008)
  • “ERISA Claims Handling,” Texas Association of Responsible Non-subscribers (March 2007)

Publications

  • “Physician-Hospital Transactions - Perspective from the Front Lines,” AHLA Physician Organizations Newsletter (2012)
  • “Contracting Do's and Don'ts With Therapy Providers,” AHLA LTC-SIR Advisor (Fall 2012)
  • “Removing the Shroud of Mystery from the Patient Protection and Affordable Care Act's Employer Mandate,” American Bar Association's Forum on Franchising, The Franchise Lawyer (May 2012)
  • “New Drug Sample Reporting Requirement Packs 3 Compliance Concerns: HHS’ ability to track drug samples ups the risks for doctors.” Medicare Compliance and Reimbursement, Vol. 36 (June 7, 2010)
  • “The False Claims Act: Recent Amendments and Their Impact on Healthcare,” Bloomberg Law Reports - Health Law, Vol. 2, No. 12 (December 2009)
  • “Inducements in the Wound Care Clinic Setting,” Today’s Wound Clinic (October 2009)
  • “Medicare Recoupment,” Physician News (May 2009)
  • “Use of Experts in Litigation,” ED Legal Letter (May 2009)
  • Co-Author, “Texas - Report on Healthcare Reform,” American Health Lawyers Association’s Healthcare Reform Educational Task Force (December 2008)
  • “Patients accessing ED records: Liability for physicians,” ED Legal Letter (August 2008)

Accolades

  • Rising Stars, Thomson Reuters, 2011
  • Leaders in Their Field, Chambers USA, 2013
  • Band 3, Healthcare, Texas, Chambers USA, 2014
  • Band 4, Healthcare, Texas, Chambers USA, 2015, 2016
  • Super Lawyers, Thomson Reuters, 2014-2016