Lindsey S. Birdsong
About Lindsey
Lindsey Birdsong is a shareholder of Lindsey Birdsong, PC in Tyler. He was admitted to the State Bar of Texas in 1991 and is Board Certified in Health Law by the Texas Board of Legal Specialization. His practice is transactional, focused mainly on health law and general corporate law, and he also represents veterinarians, dentists and country clubs.
Before returning to private practice, Lindsey spent five years as Chief Legal Counsel and Corporate Compliance Officer for a large regional health care system. There he drafted and reviewed the system’s contracts, handled acquisitions of hospitals and physician practices, and advised on general business matters.
Today he advises clients on Medicare fraud and abuse, False Claims Act and qui tam matters, Stark I and II, HIPAA, EMTALA, Joint Commission standards, Texas health licensing, and negotiations with the IRS, the Department of Justice and U.S. Attorneys. He also handles tax-exempt and nonprofit issues, corporate and physician compliance, and labor and employment questions.
His health care clients include or have included hospitals, a hospital district, specialty and rehabilitation hospitals, EMS providers, purchasing co-ops, a psychiatric facility, ambulatory surgical centers, a management services organization, reference laboratories, home health agencies, physician groups, joint ventures and individual physicians.
Credentials
State Bar of Texas
Admitted 1991
Board Certified, Health Law
Texas Board of Legal Specialization
Fellow, Texas Bar Foundation
Texas Super Lawyers, Healthcare
Contracts Lindsey Drafts and Negotiates
- Service and exclusive agreements
- Medical director agreements
- Software license agreements
- Physician employment and recruitment agreements
- Managed care agreements
- Contracts for integrated medical groups (super groups)
General corporate documents
- Acquisition, organizational and partnership agreements
- Management agreements
- Resolutions
- Financing agreements
- Corporate integrity agreements
- Leases and other real estate documents
Texas Bar Foundation Fellow
Lindsey has been elected a Fellow of the Texas Bar Foundation. Fellows are chosen for their professional achievements and their commitment to improving the justice system in Texas. Each year only the top one third of one percent of Texas attorneys are invited to become Fellows, and each nominee must be elected by the Foundation’s Board of Trustees.
Education
- J.D., Texas Tech University School of Law, 1991
- B.B.A., Texas Tech University School of Business, 1984
Affiliations and Activities
- Board Certified, Health Law, Texas Board of Legal Specialization
- State Bar of Texas (Health Care, Business and Employment Law Sections)
- Smith County Bar Association
- The College of the State Bar of Texas
- American Bar Association (Health Care Law)
- American Health Lawyers Association
- Admitted to the U.S. District Courts for the Eastern, Northern, Western and Southern Districts of Texas
- U.S. Court of Appeals, Fifth Circuit
- Willow Brook Country Club Board of Directors
- Tyler Pounds Regional Airport Advisory Board
- Private pilot, instrument rated, and member of AOPA
Representative Matters
Employment law
- Obtained a favorable outcome for several medical providers in federal court on claims of sexual harassment, hostile work environment, retaliation, race and age discrimination, and breach of contract
- Successfully defended business owners in federal employment discrimination suits involving sex, race and age claims
- Favorable settlements and motions to dismiss granted in ERISA employee benefits matters
- Local counsel for a large national company in federal ERISA suits
- Arbitration of a physician non-compete agreement
Health care
- Represented a health care system in the acquisition of ten hospitals
- Represented a local hospital in its merger with a large regional health care system and negotiated the sale of another local hospital to a regional provider
- Represented a large physician group in the sale of substantially all of its assets to a national hospital system
- Successfully defended health care facilities in qui tam suits
- Represented providers in corrective action plans responding to CMS notices of termination
- Created and represented a Federally Qualified Health Center
- Advised a physician group on forming an integrated super medical group
- Represented physicians and investors in new ambulatory surgery, imaging, freestanding ER, skilled nursing and hospice ventures
- Negotiated co-management and professional services agreements between physician groups and hospitals
- Represented home health agency owners in the sale of an agency to a national provider, and a buyer acquiring a Texas home health business and license
Business and real estate
- Represented a limited partnership in a real estate sale valued at more than $100 million
- Represented local lenders in multi-million dollar commercial lending transactions
- Represented a developer in creating a new housing development, including the LLC, property owners association, restrictions and development agreement
- Formed multiple 501(c)(3) tax-exempt organizations
- Represented business entities in arbitration with departing shareholders
- Represented surgical and dental practices in practice acquisitions
- Represented owners in Series LLC ventures, AIA construction agreements and the sale of communications towers
- Represented aircraft owners in purchases, sales and co-ownership agreements
- Represented investors in the purchase of a meat processing business, and a client selling his business to a family member
Past results do not guarantee a similar outcome in any future matter.
