USA
Practice Areas
Healthcare
HIPAA Compliance
Career
Clay Countryman is a partner in the Baton Rouge office of Breazeale Sachse. Mr. Countryman represents clients in all areas of the healthcare industry, with a primary focus on healthcare business transactions, including mergers and acquisitions, joint ventures, private equity investments, and other business transactions. Clay has extensive experience in advising healthcare clients on the Stark Law, Anti-Kickback Statute, government investigations, and other health care fraud and compliance matters.
Clay has been legal counsel to several different types of healthcare providers and provider organizations, ranging from national and regional health systems, hospitals, ambulatory surgery centers, to specialty physician groups and physician clinics.
Clay has held several leadership positions with the American Bar Association, and is a former Chair of the ABA Health Law Section. Clay is also a nationally recognized speaker and author on healthcare legal topics.
Clay has assisted healthcare providers in structuring joint ventures and other transactions to promote business objectives while meeting compliance requirements of specific laws and regulations, such as the Stark Law, the Anti-Kickback Statute, Medicare and Medicaid coverage and reimbursement requirements, and licensure and accreditation requirements.
Professional Memberships
American Bar Association. Health Law Section
- Health Law Section: Chair (2021-2022); Chair Elect (2020-2021); Vice Chair (2019-2020); Vice Chair, Diversity & Inclusion Committee (2021-2022); Secretary (2018-2019); Council Member at Large, 2015-2018, ABA Health Law Section
- Medical-Legal Partnerships Work Group, Chair, 2015-present, ABA Health Law Section
- Vice Chair Health Care Reform Task Force, 2017-2019, ABA Health Law Section
- Physician Legal Issues Conference, Co-Chair 2014, 2015 and 2017, ABA Health Law Section
- ACO Task Force, Vice Chair, 2015-2016, ABA Health Law Section
- Business & Transactions Interest Group, Chair, 2014-2015, ABA Health Law Section
- eHealth, Privacy & Security Interest Group, Vice Chair, 2011-2012, ABA Health Law Section
- Emerging Issues Conference, Planning Committee, 2005-2006, ABA Health Law Section
American Bar Association, Veterans Legal Services Commission, Member, 2017-2018
American Bar Association, Section Offices Conference, Budget Task Force, 2023-present
American Bar Association, IOLTA Commission, 2023-present
Louisiana State Bar Association, Continuing Legal Education Committee
American Health Lawyers Association
Louisiana Medical Group Management Association
Louisiana Hospital Association, Society of Hospital Attorneys
Health Care Compliance Association
Louisiana Ambulatory Surgery Center Association
Publications
“Recent OIG Advisory Opinions Address Physician Business Relationships with Hospitals and Physician Practices”, October 2023
“CMS Issues New No Surprises Act FAQS on Good Faith Estimates and the Overall Requirements and Exceptions for Healthcare Providers”, 04/14/2022
“HHS Announces $10 Billion in Additional Funding to Hospitals in High Impact COVID-19 Areas”, 07/22/2020
“COVID-19 Louisiana Update: Louisiana Department of Health Issues Clarifications to Directives Impacting Elective Medical and Dental Procedures and Other Healthcare Services”, 04/27/2020
“COVID-19 UPDATE: CMS Issues Recommendations to Re-Open Health Care Systems to Follow up Previous Guidance on Non-Essential Surgical Procedures”, 04/21/2020
“Covid -19 ASC Update: CMS Issues Guidance For Ambulatory Surgery Centers Enrolling As Hospitals During The Covid-19 Pandemic”, April 2020
“Federal and Louisiana State Directives on Elective Surgeries and Procedures During the Covid-19 Pandemic Continue to Evolve”, March 2020
“LDH Issues Updated Notice To Licensed Healthcare Facilities And Professionals to Postpone Until Further Notice All Medical And Surgical Procedures”, 03/23/2020
“HHS Issues Blanket Waivers on Several Regulatory Requirements Including Professional Licensure, EMTALA, and Certain HIPAA Privacy Requirements”, 03/17/2020
“CMS Issues First Round of Blanket Waivers for Hospitals and Other Healthcare Facilities to Provide Regulatory Flexibility to Help Healthcare Providers Contain the Spread of COVID-19”, 03/17/2020
Author of Chapter on "Entrepreneurial Medicine: Fraud and Abuse Risk Areas For Physician Business Relationships" in Physician Law, Evolving Trends and Hot Topics by ABA Publishing (2014 and 2015)
"CMS Addresses Data Sharing and HIPAA Privacy Compliance in the Final ACO Rule", ABA Health eSource, ACO Special Edition (December 8, 2011)
Health Care Controllers Manual, Contributing Author, Thomson Reuters Publishing (2009)
"Managed Care Litigation Cumulative Supplement", Contributing Author, BNA (2009)
"Managed Care Litigation Book, Prompt Pay Litigation and Related Issues and Federal Benefit Claims Procedures (affecting ERISA plans)", Contributing Author, published by BNA (September 2005)
"HIPAA Compliance Handbook", Aspen Publishing (March 2001)
"Physician Practice Compliance Resource Manual", Aspen Publishing (January 2001)
Education
Loyola University New Orleans College of Law
J.D.
University of Oklahoma
B.B.A.
Awards
Selected by his peers for inclusion in The Best Lawyers in America® (Since 2020)
AV® PreeminentTM Peer Review Rated.
Board Certified Health Law Specialist-Louisiana Board of Legal Specialization