Thomas M. Tammany

Tom is a prominent health care attorney who represents a broad range of providers in the health care industry, primarily in business transactions, regulatory compliance and employment matters. With over 30 years of experience in the health care industry, in both private practice and as in-house counsel, and in various leadership positions, Tom has developed a reputation for sound judgment, responsiveness, a positive approach and creativity in assisting his clients achieve their legal and business objectives. He regularly represents acute care and specialty hospitals, academic medical centers and health systems; individual physicians and physician groups; ambulatory surgery centers and imaging centers; home health agencies and non-medical home companies; intellectual and developmental disability providers; medical device and durable medical equipment suppliers, and other ancillary providers. He counsels clients regarding mergers and acquisitions, joint ventures (JVs), fraud and abuse/Stark law compliance, medical staff credentialing and disputes; and facility and physician licensing matters. He also has extensive experience in other related matters, including accountable care organizations (ACOs), reimbursement, managed care contracting, the corporate practice of medicine, non-profit corporate law and governance, clinical research arrangements and patient care/privacy matters.

Before entering private practice, Tom was the chief counsel of the then-newly created University of Pennsylvania Health System (UPHS). In this role, he provided strategic legal counsel to senior management and the board during a period of tremendous growth and integration as UPHS transitioned from a single teaching hospital and faculty practice plan to a comprehensive academic health care delivery system.

Tom began his career in health law as associate general counsel of Main Line Health, Inc., where he focused primarily on employment, medical staff and transactional matters, after initially practicing with a labor/employment law firm in Philadelphia.

Prior to practicing as a “civilian attorney”, Tom served on active duty in the U.S. Army as a Captain in the Judge Advocate General Corps. He was appointed first as the chief of the criminal division and then as the command labor counsel at his installation during this period. He was awarded the Meritorious Service Medal and the Army Commendation Medal and was also U.S. Army Ranger qualified.

Tom is a frequent speaker at programs sponsored by the Pennsylvania Bar Institute, American Health Lawyers Association, National Association of College and University Attorneys and other organizations. He has also been a guest lecturer at the Villanova University School of Law and the Wharton School of the University of Pennsylvania. He is a former adjunct professor of Health Care Law at St. Joseph’s University.

Tom is a contributor to the Health Law Observer blog.

Representative Experience

Strategic Transactions

• Represented a health care system in forming an innovative JV with a private equity-owned partner to develop a network of “micro-hospitals”
• Represented a private equity-owned buyer in the acquisition of a major non-profit, multi-hospital health system in Pennsylvania
• Represented a supplier in the sale of its regional orthopedic and durable medical equipment business to a national distribution company
• Negotiated the acquisition of two separate hospital systems by a New Jersey health system
• Represented a New Jersey health system in developing two separate home health/hospice JVs with other providers
• Represented a major academic medical center in its acquisition of an ophthalmology hospital and negotiation of an academic affiliation agreement
• Advised a health system in the formation of an ACO eligible to participate in the Medicare Shared Savings Program and development of participating provider agreements in New Jersey
• Represented several health systems in the acquisition of physician practices, formation of captive or friendly PCs, practice divestitures and practice lease arrangements
• Negotiated numerous clinical affiliation agreements between hospitals
• Coordinated the issuance of a private placement offering memorandum and re-capitalization of a private equity-owned home care company

Government and Internal Investigations

• Represented a health system in responding to subpoenas or inquiries from the federal government in several cases
• Coordinated several internal hospital/physician billing compliance reviews, a number of which involved disclosures under the CMS and OIG Self Disclosure Protocols, and settlement of the government’s claims
• Conducted several internal health system reviews of compliance with the federal Stark law and the Anti-Kickback Act Safe Harbors

Physicians/Physician Groups

• Represented a 50+ physician radiology group in restructuring its imaging center joint ventures and entering into a new JV with a local health system. Negotiated the co-management agreement between the new JV and the hospital that now owned the imaging centers
• Represented a large radiology group in the contribution of its six imaging centers in Maryland and Virginia to a new joint venture with a regional health system
• Advised several physician groups regarding “buy – sell agreements”, restrictive covenants, compliance with corporate and governance requirements and their ongoing business affairs

Medical Staff

• Served as either counsel to the hospital or its board in numerous medical staff credentialing and other disputes
• Appointed as the independent hearing officer in two cases involving an academic medical center and prominent surgeons
• Assisted hospitals and their medical staffs in revising their medical staff bylaws subsequent to a hospital consolidation transaction

Employment

• Negotiated separation and release agreements with various CEOs, senior managers and other key employees
• Advised hospitals in numerous physician recruitment, employment and, in some cases, separation arrangements
• Represented a number of individual physicians in negotiating their employment or other contracts with their practice groups or hospital affiliated employers

Affiliations

• American Health Lawyers Association
• American Bar Association, Health Care Law Section
• Pennsylvania Bar Association, Former Health Law Committee Member
• New Jersey Bar Association
• American Red Cross of Southeastern Pennsylvania, Board Member
• Support Center for Child Advocates, Former Board Member

Recognition

• Selected for inclusion in Chambers USA since 2014, in which Tom was recognized as one of the leading health care lawyers in Pennsylvania, an honor based on an intensive research process incorporating client feedback
• Listed in The Best Lawyers in America since 2005, in the field of Health Care Law, based on selection by his peers
• Recognized as one of The Best Lawyers in Philadelphia since 2012, in the field of Health Care Law, based on selection by his peers
• Named a Pennsylvania Super Lawyer since 2004, in the field of Health Care Law, based on selection by his peers as among the top 5% of lawyers in the state
• Awarded the AV®Preeminent™ rating each year since 2005 by LexisNexis Martindale-Hubbell, which is the highest rating for legal ability and ethical standards

Education

• Villanova University School of Law, J.D.
• West Chester University, B.S., summa cum laude
• Widener University, ROTC Program, Commissioned as a 2nd Lieutenant in the U.S. Army in 1977

Bar Admissions

• Pennsylvania
• New Jersey

Court Admissions

• U.S. District Court for the Eastern District of Pennsylvania
• U.S. District Court for the District of New Jersey