Thomas N. Hutchinson

Partner
Offices: Carmel, Chicago
thutchinson@kdlegal.com
p: 317-238-6254
f: 317-636-1507

Tom Hutchinson chairs the firm's Health Care Practice.

He regularly works with for-profit and non-profit health care providers across the country, including ambulatory surgery centers, physician practices, hospitals and health systems, and post-acute providers and senior living facilities.

Tom has extensive experience with orthopedic and urology practices. His experience includes clinical integration strategies, physician practice acquisitions, hospital-physician joint ventures, clinical co-management arrangements, professional services arrangements, and Stark Act and Anti-Kickback Statute compliance.

Mr. Hutchinson is active in numerous professional organizations, including as a member and past Vice President of the American Bar Association’s Physicians Interest Group, as a member of the American Health Lawyers Association, and as a member and past Chair of the Health Law Sections of both the Indiana State Bar Association and the Indianapolis Bar Association. He is also a past member of the firm’s Executive Committee and past Chair of the firm’s Talent Acquisition Committee.

Experience

Physician Representation

Served as outside general counsel to a large orthopedic practice and orthopedic specialty hospital
Structured co-managed service line arrangement between a physician group and a hospital system
Negotiated an exclusive on-call and medical director agreement with multi-campus hospital system
Represented physicians in the sale of physician-owned imaging center to a local hospital
Represented sellers in connection with private equity backed management company acquisitions, including use of “friendly PC” model
Represented physician group in the development of medical office complex
Represented numerous physician practices in sales to hospital systems

Hospital Representation

Assisted hospital in acquisition of multiple physician practices and related ancillary facilities
Assisted in conversion of hospital wing to freestanding licensed orthopaedic hospital and syndicated it to physicians
Restructured "under arrangements" relationship between a hospital system and a surgery center, sleep lab, endoscopy center, and other physician-owned joint ventures
Advised a health systems on a variety of physician alignment models
Represented one of the nation’s largest health systems on the syndication of an orthopedic hospital joint venture
Assisted hospitals and healthcare systems in maintaining their tax-exempt status and fighting state and local efforts to eliminate their tax exemptions

Other Representation

Advised a startup on corporate and regulatory issues for development of an on-site employee health center
Represented a surgery center in acquisition of additional licensed location
Represented a surgery center in a joint venture with a national for-profit ambulatory surgery center management company
Assisted Continuing Care Retirement Community in establishing new university-affiliated campus
Negotiated transactions and assisted with Medicare, Medicaid, and state licensing filings in connection with change of ownership of multiple nursing homes and assisted living facilities for UPL-IGT program
Represented trade association on general governance and member relations matters

Seminars & Presentations

Private Equity Investments in Health Care: Recent Trends, Regulatory Considerations, and Implications for the Market presented at the Physicians Legal Issues Conference, June 7-9, 2018
Hot Topics in Hospital Employment, Practice Acquisitions, and Alignment Strategies presented at the Future of Practice Management Symposium, May 21, 2016
Indiana Rural Health Association Briefing, July 2015
Medicare Physician Fee Schedule - Notice of Proposed Rulemaking 2015, Indiana Radiology Business Management Association, Inc., August 2014
Health Care Reform Overview, ICLEF Health Care Reform Seminar, May 2014
The Sunshine Act, October 2013
Employment Contracts: Tips and Pitfalls, September 2013
Health Care Reform: The ACA, New HIPAA Rules, and More, ICLEF on Demand, May 2013
Health Care Reform Overview, ICLEF Health Care Reform Seminar, March 2013
2011 Fraud and Abuse Update, HFMA Webinar, November 2011
Physician Practice Issues, Indianapolis Bar Association, October 2011
What Hospitals Need To Know Before Purchasing a Physician's Practice, Indiana HFMA, February 2011
Health Care Reform: Now That We Have It, What Do We Have?, Indiana Hospital Association, October 2010
Emerging Issues in Physician-Hospital Collaboration Strategies, Indiana State Bar Association Annual Meeting, October 2010
Specialty Physician-Hospital Affiliation: National Trends and Options, Indiana/Illinois Orthopaedics Roundtable, August 2010

Publications

Professional Associations

Indiana State Bar Association – Past Chair of Health Law Section
Indianapolis Bar Association – Past Chair of Health Law Section
Indianapolis-Marion County Public Library Foundation – Past Board Chair
American Bar Association – Member and as a Vice President of Physicians Interest Group
American Health Lawyers Association – Member

Awards & Recognitions

Indiana Super Lawyers, 2012-2021
Indiana Super Lawyers Rising Stars, 2009-2010

Credentials

Education

J.D., Indiana University Robert H. McKinney School of Law, Indianapolis, Indiana, 1996
B.A., DePauw University, Greencastle, Indiana, 1993

Bar & Court Admissions

Indiana (1996)
Illinois (2014)

Practices & Industries

Practices

Industries

Beyond the Office

Pacers

Bourbon

Travel

Insights

Health Care

CMS Takes into Consideration the “Totality of the Circumstances” in Withdrawing its Far Reaching Medicaid Fiscal Accountability Rule

September 15, 2020

Health Care

Don't Be Complacent, Be Compliant - CMS and OIG Online Sources Continue to Provide Important Compliance and COVID-19 Updates

June 4, 2020

Health Care

When It Rains, It Pours - Nursing Facilities to Face Imminent Survey Activity, Enhanced Enforcement Actions, and Staff Testing Requirements as a Result of COVID-19

June 3, 2020

Health Care

DEA Removes In-Person Examination Requirement for Prescribing Controlled Substances Amid COVID-19 Public Health Emergency

March 18, 2020

Health Care

OCR Concludes Investigation of Allegations that the State of Hawaii Unlawfully Discriminated Against Pregnancy Resource Centers

April 8, 2019

Thought Leadership

Conscience and Religious Freedom Division of the Office of Civil Rights Concludes California Violated Conscience Protection Laws

January 22, 2019

Health Care

Proposed Regulations Allowing for Expanded Usage of Health Reimbursement Arrangements (HRAs) - Another Step In President Trump's Focus on Health Care Reform

November 18, 2018

Thought Leadership

Proposed Regulations Allowing for Expanded Usage of Health Reimbursement Arrangements (HRAs) - Another Step In President Trump's Focus on Health Care Reform

November 18, 2018

Thought Leadership

HHS OIG Recommends Greater Efforts by Medicaid Managed Care Organizations in Identifying and Addressing Medicaid Fraud and Abuse

August 7, 2018

Thought Leadership

Tom Hutchinson chairs the firm's Health Care Practice.

Physician Representation

Served as outside general counsel to a large orthopedic practice and orthopedic specialty hospital
Structured co-managed service line arrangement between a physician group and a hospital system
Negotiated an exclusive on-call and medical director agreement with multi-campus hospital system
Represented physicians in the sale of physician-owned imaging center to a local hospital
Represented sellers in connection with private equity backed management company acquisitions, including use of “friendly PC” model
Represented physician group in the development of medical office complex
Represented numerous physician practices in sales to hospital systems

Hospital Representation

Assisted hospital in acquisition of multiple physician practices and related ancillary facilities
Assisted in conversion of hospital wing to freestanding licensed orthopaedic hospital and syndicated it to physicians
Restructured "under arrangements" relationship between a hospital system and a surgery center, sleep lab, endoscopy center, and other physician-owned joint ventures
Advised a health systems on a variety of physician alignment models
Represented one of the nation’s largest health systems on the syndication of an orthopedic hospital joint venture
Assisted hospitals and healthcare systems in maintaining their tax-exempt status and fighting state and local efforts to eliminate their tax exemptions

Other Representation

Advised a startup on corporate and regulatory issues for development of an on-site employee health center
Represented a surgery center in acquisition of additional licensed location
Represented a surgery center in a joint venture with a national for-profit ambulatory surgery center management company
Assisted Continuing Care Retirement Community in establishing new university-affiliated campus
Negotiated transactions and assisted with Medicare, Medicaid, and state licensing filings in connection with change of ownership of multiple nursing homes and assisted living facilities for UPL-IGT program
Represented trade association on general governance and member relations matters

Seminars & Presentations

Private Equity Investments in Health Care: Recent Trends, Regulatory Considerations, and Implications for the Market presented at the Physicians Legal Issues Conference, June 7-9, 2018
Hot Topics in Hospital Employment, Practice Acquisitions, and Alignment Strategies presented at the Future of Practice Management Symposium, May 21, 2016
Indiana Rural Health Association Briefing, July 2015
Medicare Physician Fee Schedule - Notice of Proposed Rulemaking 2015, Indiana Radiology Business Management Association, Inc., August 2014
Health Care Reform Overview, ICLEF Health Care Reform Seminar, May 2014
The Sunshine Act, October 2013
Employment Contracts: Tips and Pitfalls, September 2013
Health Care Reform: The ACA, New HIPAA Rules, and More, ICLEF on Demand, May 2013
Health Care Reform Overview, ICLEF Health Care Reform Seminar, March 2013
2011 Fraud and Abuse Update, HFMA Webinar, November 2011
Physician Practice Issues, Indianapolis Bar Association, October 2011
What Hospitals Need To Know Before Purchasing a Physician's Practice, Indiana HFMA, February 2011
Health Care Reform: Now That We Have It, What Do We Have?, Indiana Hospital Association, October 2010
Emerging Issues in Physician-Hospital Collaboration Strategies, Indiana State Bar Association Annual Meeting, October 2010
Specialty Physician-Hospital Affiliation: National Trends and Options, Indiana/Illinois Orthopaedics Roundtable, August 2010

Publications

Professional Associations

Indiana State Bar Association – Past Chair of Health Law Section
Indianapolis Bar Association – Past Chair of Health Law Section
Indianapolis-Marion County Public Library Foundation – Past Board Chair
American Bar Association – Member and as a Vice President of Physicians Interest Group
American Health Lawyers Association – Member