Lindsey S. Birdsong

General corporate documents including:

• Acquisition, Organizational, and Partnership Agreements
• Management Agreements
• Resolutions
• Financing Agreements
• Corporate Integrity Agreements
• Leases and other real estate documents

Additionally, Lindsey advises clients as to Medicare fraud-abuse issues, false claims concerns, Qui-Tam matters, HIPAA regulations, EMTALA, Joint Commission on Accreditation of Healthcare Organizations rules, Texas Department of Health licensing issues, negotiations with the Internal Revenue Service, Department of Justice and U.S. Attorneys, corporate and physician compliance issues, Stark I and Stark II issues, tax-exempt and non-profit issues as well as general corporate, and labor/employment issues.

Lindsey returned to private practice several years ago after five years as the Chief Legal Counsel and Corporate Compliance Officer for a large regional healthcare system where he routinely represented the system in drafting and reviewing contracts as well as drafting documents to acquire hospitals, physician practices, other business entities as well as advising on general business issues. He represents health care entities and other business entities in general corporate and contractual matters as well as individuals, businesses and physicians and their professional associations. Healthcare clients include (or have included) a number of hospitals, a hospital district, specialty hospitals, a rehabilitation hospital, several EMS providers, purchasing co-ops, a psychiatric facility, ambulatory surgical centers, a management services organization, reference laboratories, home health agencies, physician practice groups, joint ventures and limited partnerships, professional associations, and individual physicians.

Tyler Attorney Mr. Lindsey S. Birdsong Honored by Texas Bar Foundation

Mr. Lindsey S. Birdsong with Lindsey Birdsong P.C. has been elected to membership in the Fellows of the Texas Bar Foundation. Fellows of the Foundation are selected for their outstanding professional achievements and their demonstrated commitment to the improvement of the justice system throughout the state of Texas. Election is a mark of distinction and recognition of Mr. Birdsong’s contributions to the legal profession.

Selection as a Fellow of the Texas Bar Foundation is restricted to members of the State Bar of Texas. Each year the top one third of one percent of Texas attorneys are invited to become Fellows. Once nominees are selected, they must be elected by the Texas Bar Foundation Board of Trustees.

Membership has grown from an initial 255 Charter Members in 1965 to more than 9,500 Fellows throughout Texas today. The Texas Bar Foundation is the largest charitably funded bar foundation in the country. Founded in 1965 by lawyers determined to assist the public and improve the profession of law, the Texas Bar Foundation has maintained its mission of using the financial contributions of its membership to build a strong justice system for all Texans. To date, the Texas Bar Foundation has distributed more than $19 million throughout Texas to assist nonprofit organizations with a wide range of justice-related programs and services.

Professional and Educational Background

• 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 (Professionalism through Education)
• American Bar Association (Health Care Law)
• U.S. District Court Eastern District of Texas
• U.S. District Court Northern District of Texas
• U.S. District Court Western District of Texas
• U.S. District Court Southern District of Texas
• U.S. Court of Appeals, Fifth Circuit
• American Health Lawyers Association
• Willow Brook Country Club Board of Directors
• Private Pilot/ Instrument Rated
• Member of AOPA
• Tyler Pounds Regional Airport Advisory Board

Lindsey S. Birdsong Representations

Employment Law

1. Motions for Summary Judgment/and/or Dismissals:
   • Recently obtained a favorable outcome on behalf of several medical providers related to claims filed in Federal Court on alleged violations including; sexual harassment; hostile work environment; retaliation; race discrimination and age discrimination, and breach of contract
2. Favorable settlement achieved on several ERISA employee benefits matter
3. Arbitration of physician non-compete agreement
4. Motions to Dismiss granted on ERISA employee benefits matter.

Recent Business Transactions

1. Represented a local surgical practice acquire another practice in an asset purchase transaction.
2. Represented a large physician group in the sale of substantially all assets to large national hospital system.
3. Represented a local dental practice in the acquisition of another dental practice.
4. Recently formed multiple tax exempt organizations 501 (c) (3) for various clients.
5. Represented a local developer in the creation of a new housing development including the formation of an LLC, Property Owners Association (POA), and drafting of restrictions and development agreement.
6. Advise Physician Group on creating and establishing a Super Medical Group (Integrated Physician Group)
7. Amicable resolution on behalf of a Hospital on a lawsuit filed against a Managed Care Organization for violations of Anti-Trust Laws, and negligent misrepresentation of insurance coverage
8. Represented business entity in a dispute (Arbitration) with departing Shareholders
9. Negotiated the sale of a local hospital to a large regional hospital provider
10. Represented local lenders in large multi-million dollar commercial lending transactions
11. Represented local physician groups in contractual agreement with various hospitals, including coverage agreements, professional services agreements and co-management agreements
12. Represented local healthcare providers in the creation of various joint ventures, entities included limited liability companies for real estate and medical device ventures
13. Represented aircraft owners in the purchase and sale of airplanes and the formation of aircraft co-ownership agreement
14. Successfully represented healthcare providers in corrective action plans in response to CMS notice of termination
15. Successfully defended healthcare facilities in Qui Tam suits
16. Represented sellers in sale of communications towers
17. Represented limited partnership in a real estate sale valued in excess of $100,000,000
18. Represented numerous physicians in acquisition of real estate and PPM for new healthcare facility
19. Represented physician and investors in PPM for skilled nursing facility
20. Represented physicians and investors in new ASC
21. Represented physicians in new imaging center
22. Represented investors in new freestanding ER facility
23. Successfully represented business owners in defending federal employment discrimination suits (sex, race and age claims)
24. Local counsel for large national company in federal court for various ERISA suits
25. Created and represented Federally Qualified Health Center
26. Represented healthcare system in acquisition of ten hospitals
27. Represented various business owners in Series LLC ventures
28. Represented various business entities in AIA construction and architectural agreements for site development, new facilities and golf course
29. Represented local a hospital in a merger with a large regional healthcare system
30. Defended healthcare provider in federal court against large health benefits provider
31. Successful suit against large multi-state health benefits provider in federal court
32. Represented a group of investors in the purchase of a Hospice provider
33. Represented various physician groups in negotations of co-managed agreements and Professional Services Agreements
34. Represented business entity in a dispute (Arbitration) with departing Shareholders.
35. Represented Real Estate owners in the sale of a commercial tract in a Multi-Million Dollar Transaction
36. Represented Home Health Agency owners in the sale of the Agency to a large national provider of Home Health Care.
37. Successfully Mediated a Commercial business dispute between Physician Group and a departing Physician.
38. Represented the Buyer to acquire a Texas Home Healthcare Business and related Home Health License
39. Represented a client in the sale of his Business to a Family Member
40. Represented a Group of Investors in the Purchase of a Meat Processing Business