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Zubin P. Khambatta

Zubin P. Khambatta

Senior Counsel
Austin
office: 512.479.9750
fax: 512.479.1101
Overview

Zubin represents leading hospital systems, public hospitals, and physician group practices in complex reimbursement, regulatory, and transactional matters.

One of his practice areas is the development of and participation in Medicaid supplemental payment programs for hospitals and physicians in several states, including in Texas under the state’s Section 1115 Demonstration Waiver. He also represents providers in sale transactions, business entity formation and governance, and contracting arrangements and services agreements. On the regulatory side, he advises hospitals and providers on compliance with healthcare fraud and abuse regulations (Stark, the Anti-kickback statute, and the False Claims Act), federal provider-related donation and provider tax regulations, federal Medicaid managed care regulations, federal Medicare Advantage regulations and compliance program requirements, state laws governing the provision of charity care, and the Emergency Medical Treatment and Labor Act (EMTALA).  Additionally, Zubin has advised providers on state corporate law matters, Texas Medical Board certification, and federal tax issues affecting nonprofit, tax exempt organizations.

Prior to joining Husch Blackwell, Zubin worked in the commercial litigation group of a large international law firm. In this capacity he assisted in the defense of a healthcare insurance umbrella organization against allegations of federal antitrust violations. He also represented a healthcare revenue cycle management company in its defense against allegations that the company’s business practices violated EMTALA, HIPAA/HITECH, and federal and state deceptive trade practice and consumer protection laws. In addition, he represented Fortune 500 companies and private equity funds in large stakes commercial and mass tort litigation.


Industries

Services

Recognition

  • 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 Scotland
    • with distinction
    • Social and Political Theory
    • with distinction
  • B.A., University of Pennsylvania
    • magna cum laude
    • Political Science and Intellectual History
    • Phi Beta Kappa
    • Benjamin Franklin Scholar
    • Penn History Review, Editorial Board

Admissions

  • Texas
  • Illinois

Professional Associations and Memberships

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

Medicare and Medicaid Reimbursement

  • Represents Texas hospitals and hospital systems with respect to participation in Texas’ 1115 Medicaid Demonstration Waiver.
  • Represents Texas hospitals with respect to participation in state’s Medicaid managed care uniform rate increase program and related compliance issues.
  • Provides advice related to qualification for and participation in Medicaid Disproportionate Share Hospital (DSH) programs and related audits and recoupments.
  • Represented national hospital systems in the development and implementation of Medicaid supplemental payment programs.
  • Represented national hospital systems in participation in Medicaid supplemental payment programs in Nevada and South Carolina.
  • Advised large hospital systems about the development of and participation in supplemental Medicaid reimbursement for services provided by physicians and midlevel practitioners.
  • Advises on compliance with Medicare Advantage regulations.
  • Advises major national hospital systems on implications of and compliance with Medicaid managed care regulations.
  • Represented academic medical center with respect to structuring of Medicaid supplemental reimbursement for physician services.

Healthcare Transactions

  • Represents hospitals and physician practices in connection with stock or asset sales, management agreements, formation of joint ventures, and other complex business transactions.
  • Advises healthcare providers about and draft transactional documents, including sales agreements, management agreements, and debt instruments.
  • Represents providers with respect to completion of formation and governance documents related to qualification as a Texas nonprofit health organization.
  • Drafts physician, medical director, and administrative services agreements. 
  • Drafts and provides advice regarding healthcare services agreements related to behavioral health, MRI services, diagnostic testing, and services of ancillary providers.

Healthcare Regulatory Counseling

  • Advises hospitals regarding requirements of state law provider tax rules and compliance of provider tax arrangements with federal regulations.
  • Advises hospitals about compliance of various contemplated transaction structures with federal Medicaid regulations regarding impermissible provider-related donations.
  • Advises healthcare contractors about compliance with Medicare Advantage regulations governing delegated activities.
  • Represents hospital district in regulatory matters related to the provision of indigent care.
  • Drafted Emergency Department policies consistent with the Emergency Medical Treatment and Labor Act.
  • Counsels regarding Anti-kickback and Stark compliance of contemplated joint venture between a teaching hospital and academic medical center.
  • Advises national hospital systems about compliance with state law charity care requirements.
  • 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 staffing of nurses.
  • Counsels clients about potential False Claims Act liability related to participation in Medicaid supplemental reimbursement programs.
  • Counsels 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.
  • Advises provider on state law network adequacy rules required of health insurers.