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“We truly appreciate both your counsel and incredible high-quality body of work. The entire transaction process and achieving a strong agreement were made largely possible by your diligence, great judgment and handling of the transaction details.”

Senior Vice President, Multi-state Anesthesiology Provider

Overview

As a trusted advisor, Zubin helps healthcare providers secure and maintain a sound financial and regulatory footing so they are empowered to serve their patients.

Clients rely on Zubin’s knowledge and experience in complex compliance and transactional matters involving Medicaid and Medicare regulations, healthcare fraud and abuse laws, Emergency Medical Treatment and Active Labor Act (EMTALA), and state laws governing public healthcare providers and nonprofit healthcare organizations. Zubin’s client approach is based on a “can do” mindset and the determination to add value based on realistic proposals that address the client’s goals and help overcome their roadblocks. Adhering to these principles, he has earned the trust of leading hospitals, physician groups and other healthcare clients to represent and advise them in complex regulatory, transactional and litigation matters.

Much of Zubin’s current work focuses on strengthening the healthcare safety net and the capacity of providers to serve Medicaid and uninsured patients. This is no accident. For several years he has borne witness to his father – a physician and immigrant from India – serving low-income and uninsured patients at one of the largest safety-net hospitals in his home state.

Zubin has a particular focus on representing children’s hospitals, public hospitals, academic medical centers and hospital districts in government reimbursement and transactional matters related to the provision of hospital and physician services to the community. In this vein he negotiates and drafts complex hospital services, physician services, reimbursement and indigent care agreements.

Another focus of Zubin’s practice is representing providers in M&A and sales transactions. He has represented physician groups, hospitals and behavioral health providers in their sale to larger platforms, and has implemented various forms of co-ownership or co-management of healthcare organizations, including joint ventures and management agreements. Zubin also assists startups as well as mature organizations in business entity formation and corporate governance matters.

“We truly appreciate both your counsel and incredible high-quality body of work. The entire transaction process and achieving a strong agreement were made largely possible by your diligence, great judgment and handling of the transaction details.”

Senior Vice President, Multi-state Anesthesiology Provider


Industry

Services

Recognition

  • Thomson Reuters' Illinois Super Lawyers, Rising Star, 2010-2014
  • Kirkland & Ellis, Pro Bono Award, 2009

Education

  • J.D., University of Chicago Law School
    • Ruth N. Wyatt Scholar
    • University of Chicago Legal Forum
    • Hinton Moot Court
    • South Asian Law Students Association Board Member
  • M.Sc., University of Edinburgh
    • Social and Political Theory
    • with distinction
  • B.A., University of Pennsylvania
    • Political Science and Intellectual History
    • magna cum laude
    • Phi Beta Kappa
    • Benjamin Franklin Scholar
    • Penn History Review, Editorial Board

Admissions

  • Texas
  • Illinois
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Central District of Illinois
  • U.S. Court of Appeals, Seventh Circuit

Professional Associations and Memberships

  • American Bar Association, Health Law, Litigation
  • Texas Bar Association, Health Law, Antitrust and Business Litigation, Litigation
  • Austin Bar Association
  • American Health Lawyers Association
Featured Experience

Securing $170 Million in Medicaid Funds for Treating the Highest Acuity Children

In a highly fraught regulatory environment, the Children’s Hospital Association of Texas (CHAT) turned to Zubin to help lead an intense regulatory push to obtain an appropriate share of Medicaid funding for free-standing children’s hospitals in Texas. The state’s Medicaid agency proposed three options for distributing $650 million in section 1115 Medicaid funds that relieve the uncompensated costs hospitals incur for treating low-income and indigent patients. Two of the agency’s models allocated about $30 million to children’s hospitals. The third provided children’s hospitals about $150 million but also entailed recouping $245 million from other hospitals in the state, including safety-net and rural providers. As expected, an army of industry insiders lobbied for the first two of these proposals. Others advanced proposals that allocated children’s hospitals far less than the most favorable of the three options.

Relying on an in-depth understanding of the financial and regulatory workings of Texas’ Medicaid supplemental payment programs, Zubin developed sophisticated and highly complex models and an advocacy strategy that allocated $170 million to children’s hospitals without recouping a penny from any of the other hospitals in the state. Several meetings and touch points with stakeholders and the state Medicaid agency ensued. As a result of these efforts, CHAT ultimately convinced regulatory authorities to choose an option that did not recoup funds from any providers while affording children’s hospitals at least $170 million in vital Medicaid supplemental reimbursement.


Additional Experience

Medicare and Medicaid Reimbursement

  • Represent leading children's hospital in litigation pursuing claims of underpayment by Medicaid managed care organization.
  • Routinely represent several children's hospitals in their participation in uncompensated care Medicaid supplemental payment program of Texas' section 1115 Medicaid demonstration waiver.
  • Routinely represent several children's hospitals in their participation in Medicaid Disproportionate Share Hospital (DSH) program.
  • Served as lead counsel in securing $72 million in Medicaid DSH funding for children's hospitals out of a total pool of $245 million that state was withholding to comply with federal court injunctions.
  • Represent children's hospitals in ongoing efforts to secure and implement Medicaid and Children's Health Insurance Program (CHIP) rate increase of $125 million.
  • Routinely represent several Texas hospitals with respect to participation in Texas' Delivery System Reform Incentive Payment (DSRIP) program under Texas' section 1115 Medicaid demonstration waiver.
  • Routinely represent Texas hospitals with respect to participation in state's Uniform Hospital Rate Increase Program (UHRIP).
  • Regularly represent statewide ambulance association with respect to Medicaid reimbursement initiatives.
  • Represented various physician groups in development of statewide Medicaid physician supplemental payment programs for fee-for-service and managed care reimbursement.
  • Represented national hospital systems in participation in Medicaid supplemental payment programs in Nevada and South Carolina.
  • Advised healthcare reimbursement company on appropriate compliance framework required by Medicare Advantage regulations.
  • Regularly advised hospital systems with respect to federal and state Medicaid managed care regulations.
  • Represented academic medical center with respect to structuring of Medicaid supplemental reimbursement for physician services.

Healthcare Transactions

  • Routinely represent one of Texas's largest hospital districts in restructuring of agreements to provide safety-net care.
  • Regularly represent large academic medical center in drafting of provider agreement with university practice plan.
  • Regularly represent several children's hospitals in Medicaid managed care contracting matters.
  • Represented leading Austin-based anesthesiology group in cash and rollover equity transaction to private equity–backed platform.
  • Represented large anesthesiology group in spinoff of one of its divisions.
  • Represented large anesthesiology group in cash and rollover equity transaction to private equity–backed platforms.
  • Represented Board Certified Behavior Analyst (BCBA) practice in cash and rollover equity transaction to private equity–backed platform.
  • Represented physician-owned hospital in sales transaction to one of the nation's largest hospital systems.
  • Represented physician group in equity sales of ambulatory surgical centers.
  • Represented academic medical center in joint venture arrangement with physician specialty group.
  • Represented hospital in contractual restructuring of affiliation with medical school and medical school's physician practice plan.
  • Drafted management agreement on behalf of hospital system to manage rural, safety-net hospital.
  • Routinely represent providers with respect to completion of formation and governance documents related to qualification as Texas nonprofit health organization.
  • Drafted dozens of physician, medical director and administrative services agreements.
  • Drafted and provided advice regarding healthcare services agreements related to behavioral health, magnetic resonance imaging (MRI) services, diagnostic testing and services of ancillary providers.

Healthcare Regulatory Counseling

  • Routinely represent one of state's largest hospital districts in regulatory set up and administration of provider tax that exceeds $35 million annually.
  • Routinely represent hospital owned by one of country largest hospital organizations regarding matters related to coverage and reimbursement through Affordable Care Act (ACA) exchange policies.
  • Represented independent physician association with respect to False Claims Act review of various reimbursement arrangements.
  • Regularly advise hospitals about compliance with federal Medicaid regulations regarding impermissible provider-related donations.
  • Regularly advise hospitals regarding requirements of state law provider tax rules and compliance of provider tax arrangements with federal regulations.
  • Regularly advise healthcare contractors about compliance with Medicare Advantage regulations governing delegated activities.
  • Regularly counsel physicians groups and hospitals regarding compliance with federal and state anti-kickback laws, federal Civil Monetary Penalties Law (CMPL) and Texas Solicitation of Patients Acts.
  • Regularly counsel physicians groups and hospitals regarding compliance with Physician Self-Referral (Stark) Law.
  • Routinely represent hospital district in regulatory matters related to provision of indigent care.
  • Drafted emergency department policies consistent with Emergency Medical Treatment and Labor Act (EMTALA).
  • Regularly advise nonprofit hospital clients regarding compliance with state law charity care requirements.
  • Advised multistate hospital system about Medicare secondary payer regulations when care is provided to accident victims.
  • Advised national hospital system about liability risks arising from application of federal and state laws excluding providers from Medicare and Medicaid participation.
  • Advised long-term acute care hospital on compliance with hospital within hospital regulations related to nurse staffing.
  • Regularly counseled and advised clients regarding potential False Claims Act liability related to participation in Medicaid supplemental reimbursement programs.
  • Routinely counseled clients regarding Texas Medical Board certification of nonprofit health organizations.
  • Advised national hospital system about Form 990 reporting of charity care activities under federal laws governing tax exempt organizations.
  • Routinely advised providers on state law network adequacy rules required of health insurers.

Healthcare Litigation/Investigations

  • Regularly represent governmental organization in ongoing investigation conducted by Department of Health and Human Services (HHS) Office of Inspector General (OIG).
  • Represent leading children's hospital in litigation related to inpatient Medicaid managed care reimbursement.
  • Represented hospital in lawsuit to enforce hospital liens against tortfeasor's insurance company.
  • Represented revenue cycle management company in Minnesota attorney general investigation and related federal lawsuits alleging that company's interactions with patients and alleged failure to safeguard patient medical information violated EMTALA, Health Insurance Portability and Accountability Act (HIPAA), and state laws regarding health records, consumer fraud and debt collection.
  • Represented country's largest private health insurance association in antitrust matters arising from allegations that association's trademarks licensing practices violate Sherman Act and related antitrust laws.
  • Represented manufacturer of retail pharmacy equipment in commercial arbitration with Fortune 100 pharmaceutical company.
Outside the Office

Zubin enjoys spending time with his wife and family. His greatest joy is being a dad to his two school-aged children.

Zubin’s weekends are usually filled with attending his kids’ sporting events and – during the winter season – coaching their youth basketball teams. Born and raised in the eastern suburbs of Cleveland, he is a loyal supporter of the Cavs, Indians and Browns. The Ohio State Buckeyes remain his favorite college football team. Zubin also played competitive tennis and still enjoys getting time on the court when the opportunity arises.

Before attending law school, Zubin was a doctoral student in the University of Chicago’s Political Science Department and a student of political thought and history at the University of Edinburgh and the University of Pennsylvania. He has an abiding interest in the academic study of politics, law and history, and remains an avid reader in these areas.

Community Leadership
  • Austin Speech Labs, Board Member, 2018–present
  • Lake Travis Youth Association, Basketball Coach, 2014–present