Barbara L. Nay
Experience
Barbara Nay is a partner of the firm concentrating her practice in healthcare and
hospital law and general business practice. Barbara is the Chair of the Stoel Rives
Health Care group. Barbara works with hospitals, physician groups, managed care
organizations, diagnostic facilities, practice management companies and other health
care entities. During nearly 30 years of practice, Barbara has worked on a wide range
of matters including mergers and acquisitions, Stark and anti-kickback analysis,
provider contracts, government investigations, capitation and other risk sharing
arrangements, joint ventures, certificate of need, medical staff matters, fraud and
abuse, and entity formation, organization and governance. Barbara's experience
representing managed care organizations, including some of the earliest in the region,
enables her to provide practical advice to clients regarding current health care reform
initiatives, such as accountable care organizations.
Partner
Before focusing her practice on business matters, Barbara handled matters in
Portland, OR
litigation, including medical malpractice defense as an attorney at Dorsey & Whitney
(503) 294-9643 direct
in Rochester, Minnesota and medical staff peer review and antitrust litigation as an
(503) 220-2480 fax
associate at Stoel Rives. After finishing law school, Barbara clerked for the Honorable
Sherman G. Finesilver, U.S. District Court, District of Colorado, and the Honorable
William E. Doyle, U.S. Court of Appeals, Tenth Circuit. Barbara became a partner at
Stoel Rives in 1990.
barbara.nay@stoel.com
Education

J.D., 1979
Representative Work
Transactions

Represented multi-specialty physician group in sales of practice lines to a
Order of the Coif

Stanford University, B.A., 1974, with
honors and distinction
hospital organization.

University of Colorado School of Law,
Phi Beta Kappa
Represented medical oncology practice in transition from affiliation with a
practice management company to affiliation with a non-profit health care
Admissions
system.

Oregon
Organized several joint ventures involving hospitals and physicians, including

Colorado (inactive)
diagnostic imaging ventures and ambulatory surgery centers.

Washington

Representation of hospitals in acquisitions of physician practices.

U.S. District Courts for the Districts of

Represented financially distressed provider of mental health services in

successful merger with another service provider.

Represented hospital in acquisition of neighboring hospital.

Represented hospital corporation in connection with a facility closure.

Represented radiology group in acquisitions of other radiology practice groups.
Oregon and Colorado

U.S. Courts of Appeals for the Ninth
and Tenth Circuits
Barbara L. Nay
Regulatory Matters

Represented health maintenance organization in obtaining certificate of need to construct the first new hospital in Portland
metropolitan area in more than two decades.

Representation of medical group practices providing ancillary services in analysis of Stark, anti-kickback, anti-markup and
reimbursement requirements.

Represented physician network organization in successfully obtaining certificate of authority as a health care service contra ctor.

Represented hospital facing state and federal civil and criminal investigation of whistleblower allegations of improper billi ng.

Representation of providers in connection with Medicaid billing audits and payment disputes.

Representation of providers in analyzing potential overpayments and disclosure obligations.

Represented 12 Oregon hospitals under investigation for alleged civil fraud in connection with outpatient laboratory billings.
Corporate Matters

Representation of Medicaid managed care organizations in connection with a variety of matters including governance, risk
contracting arrangements, regulatory compliance and transactions.

Represented physicians in contentious departure from group practice, including negotiation of separation arrangements,
formation of new professional organization and development of shareholder agreements and employment contracts.

Representation of hospitals, group practices and provider networks in developing bylaws, credentialing policies and fair hearing
plans.

Extensive experience working with medical and dental practice management companies, including analysis of issues related to
corporate practice of medicine and representation in practice acquisitions.
Contracting

Representation of both hospitals and physicians in developing and negotiating physician recruiting arrangements, medical
director agreements, employment agreements and practice management agreements.

Represented consortium of large medical groups in negotiation of capitated contracts and risk pool arrangements.

Representation of provider network organizations in development of provider contracts, including compensation provisions.
Professional Honors and Activities

Selected by Best Lawyers® as Health Care Law Lawyer of the Year, Portland, 2011
("Barbara is outstanding as a trusted and relied upon attorney. She...understands her client's practical needs." "Barbara Nay is
very knowledgeable, responsive and experienced." "I have confidence in her advice.")

Listed in Best Lawyers in America© (currently: Health Care Law), 2005-2016

Member, American Health Lawyers Association

Chair, Stoel Rives Coaching and Mentoring Committee, 2007-2011
Barbara L. Nay

Member, Oregon State Bar Mentoring Task Force

Past president, Oregon Society of Hospital Attorneys

Member, American Bar Association and Health Law Section

Member, Health Law Section, Oregon State Bar Association

Member, Washington State Bar Association

Editorial board, Oregon Health Law Manual (past)
Presentations

Speaker before various groups on legal issues in health care

Guest lecturer, MBA in Healthcare Management Program, Oregon Health & Science University/Portland State University
Publications

"Washington," (co-author), Corporate Practice of Medicine: A Fifty State Survey, American Health Lawyers Association, 2014

"Avoiding Antitrust Traps in Merger Negotiations (co-author)," The Daily Briefing, The Advisory Board Company, Sept. 10, 2012

"Oregon's Coordinated Care Organizations: Health System Transformation or Managed Care Revisited? (co-author)," Willamette
Management Associates Insights, Winter 2013

"ACOs - Ready or Not, Here They Come?" Oregon Healthcare News, 2011

"The Final Rule for Group Practices that Provide Advanced Imaging Services," Health Care Reform Alert, Dec. 2010

"Health Care Reform, Transparency, and Program Integrity," Insights, Focus on Health Care, Willamette Management Associates,
Spring 2010
Civic Activities

Board of Directors, Tucker Maxon Oral School

Health Care Committee, Oregon Business Association