Todd Kelly has served major institutional health care clients in their most important transactional and regulatory matters, in Texas and nationally, for more than 20 years. Much of this work has involved innovative and first-in-market projects, including sophisticated hospital-physician joint ventures; single specialty (e.g., cardiac) and cross-platform (e.g., adult-pediatric) service line and market joint ventures; health care facility acquisition, divestiture, and change of ownership; provider affiliation and alignment, including accountable care, integrated delivery network, co-management, and shared savings models; freestanding outpatient, urgent, emergency, and community care strategies; medical practice acquisition and management and physician recruitment and employment; and telehealth implementation and expansion.
Todd has bought, sold, reorganized, or syndicated health care providers across the United States He has worked on behalf of tax-exempt and for-profit providers (including in the telehealth, dental, behavioral health, and veterinary subsectors), as well as for private equity and venture capital. His experience includes leading major company-wide transactions as well as counseling on health care regulatory matters, including the federal Stark Law, the federal anti-kickback statue and safe harbor regulations, Medicare and Medicaid enrollment, reimbursement and change of ownership, the corporate practice of medicine, and telemedicine and digital health regulations, including interactions with state medical boards.
Todd is a member of the American Health Lawyers Association, American Bar Association (Health Law Section), and the State Bar of Texas (Health and Business Law Sections). He has spoken and written extensively on health industry legal issues.
Experience
Additional Publications
- June 14-15, 2012
Putting Pen to Paper: Service Line Co-Management Agreements, Models and Practicalities, coauthor and presenter, American Bar Association Health Law Section in Conjunction with Chicago Medical Society, Physician-Legal Issues Conference - May 23, 2012
Tuomey and Bradford: Lessons for Structuring and Valuing Employed Physician Compensation, coauthor and presenter, Fulbright & Jaworski L.L.P. - Jume 20, 2007; July 20, 2005; July 16, 2003
Texas Legislative Update, coauthor and lecturer, Dallas Bar Association Health Law Section - April 4, 2002
Current Hospital/Physician Relationships, coauthor and lecturer, 14th Annual University of Texas School of Law Health Law Conference Houston - Fall 1993
The Corporate Practice of Medicine in Texas: The Health Care Revolution Presents a Circular View of History, coauthor, State Bar Section Report, Health Law - August 2, 1991
Clarified Regulations Provide Safe Harbor for Joint Ventures, coauthor, The Business Press/Health Care Journal - March 22, 1990
Business Transactions, coauthor, 2nd Annual University of Texas School of Law Health Law Conference Houston
Speaking Engagements
- November 7, 2017
"Digital Health and Telemedicine" - Emerging Tech Breakfast Series, JD Dallas - April 6, 2017
"Key Legal Considerations in Physician and Hospital Relationships" - Texas Medical Center Innovation Institute - March 3, 2017
"Replacing The Affordable Care Act and Changes in Workplace Regulation: Top Priorities for the New Administration and the New Congress" - Trump Roadshow, JD Dallas - November 10, 2016
"Keep Flossing: Root Causes, Good Hygiene and Cyber Insecurity in Health Care" - TechTitans Health Tech/Cybersecurity Joint Forum, JD Dallas - November 5, 2015
"Anatomy of a Healthcare Transaction", Jones Day New Lawyer Group - August 19, 2015
Health System Consolidation and Expansion, Dallas Bar Association, Health Law Section - April 16, 2015
Current Trends in Healthcare Transactions, Association for Corporate Growth DFW Breakfast Panel Program on "Hospital Expansion and Consolidation - Lessons from the Front Line", Annual Meeting of the Members - March 6, 2014
Tuomey Case: Lessons Learned and Implications for Physician Compensation, CFO Roundtable
Speaking Engagements Prior to Jones Day
May 16-17, 2012
The Relationship between Compliance and Total Enterprise Value, panelist, Fifth Annual Southwest Healthcare Transactions Conference
Dallas, Texas
May 4, 2011
Accountable Care Organizations: Structure, Governance and Tax Considerations, co-presenter, Webinar sponsored by Fulbright & Jaworski, L.L.P.
April 27-28, 2011
Dealmakers' Hot Topic Update: Healthcare M&A Traps for the Unwary-The Short List of Must Knows, Fourth Annual Southwest Healthcare Transactions Conference
Dallas, Texas
February 3-4, 2011
General Counsel Forum –Current Transactional and Regulatory Issues, 7th Annual Health Law Symposium, sponsored by Fulbright & Jaworski L.L.P.
Houston, Texas
May 5-6, 2010
Deal Risk Management Strategies, panelist, Third Annual Southwest Healthcare Transactions Conference
Dallas, Texas
April 20, 2010
Mixed Messages and Moving On: Health System Strategies With or Without Health Care Reform, co-presenter, webinar sponsored by Fulbright & Jaworski L.L.P. and Cain Brothers
February 4-5-, 2010
Health Care Transactions – Valuation Issues
6th Annual Health Law Symposium sponsored by Fulbright & Jaworski L.L.P.
Houston, Texas
September 24, 2009
Financing IT
Panelist, The Health Industry Council, North Texas Health & Technology Forum
July 15, 2009
Texas Legislative Update
co-presenter, Dallas Bar Association Health Law Section
May 20-21, 2009
Private Equity’s Outlook on the Healthcare Industry Under the Obama Administration
panelist, 2nd Annual Southwest Healthcare Transactions Conference
Dallas, Texas
February 5-6, 2009
Business Transactions
5th Annual Health Law Symposium, sponsored by Fulbright & Jaworski L.L.P.
Austin, Texas
August 27, 2009
Another Round of Stark Regulations: The Evolving Landscape of Physician Arrangements
co-presenter, Fulbright & Jaworski L.L.P. Health Section Teleconference
June 12, 2008
Establishing Fair Market Value in Hospital-Physician Arrangements
Texas Hospital Association Audioconference
May 30, 2008
Deal Making Trends Between Not-For-Profit and For-Profit Organizations
Southwest Healthcare Transactions Conference
Dallas, Texas
March 20, 2008
Business Transactions Update
Eleventh Annual Tenet Counsel Meeting
Scottsdale, Arizona
February 7-8, 2008
Business Transactions
4th Annual Health Law Symposium, sponsored by Fulbright & Jaworski L.L.P.
Austin, Texas
September 26, 2007
Fair Market Value Update: A Conversation with the Experts
Fulbright & Jaworski L.L.P. Health Section Teleconference
2007
Medical Law
Co-Instructor, Elective at the University of Texas Southwestern Medical School
August 24, 2005
Joint Venture Update
Dallas Bar Association Health Law Section
February 18, 2004
Specialty Hospital Update
Dallas Bar Association Health Law Section
November 4, 2002
Client Contracts
Healthcare Billing & Management Association
Southwest Regional Meeting
Dallas, Texas
May 15, 2002
Summary of Proposed Modifications to HIPAA Final Privacy Regulations
Dallas Bar Association
October 25-26, 2001
Valuation Issues in Healthcare Transactions
13th Annual Health Law Forum of the Tennessee Bar Association
Nashville, Tennessee
September 13, 2001
Patient Safety * PDAs
E-Health Expo: What’s Working. The Health Industry Council of the Dallas/Fort Worth Region in collaboration with The DFW Business Group on Health
April 6, 2000
Unwinding and Rewinding Physician Practice Affiliations: Selected Legal and Valuation Issues
12th Annual University of Texas School of Law Health Law Conference
Houston, Texas
January 20, 2000
New Fraud and Abuse Safe Harbors
Fulbright & Jaworski L.LP. General Counsel Seminar
Dallas, Texas
September 1997
Provider-Sponsored Organizations Gain Favor
Dallas-Fort Worth Medical News
February 17, 1997
The Users and Abusers Guide: Legal Issues for Data
Healthcare Collaboration Group (Dallas/Fort Worth Hospital Council)
Managing Managed Care Seminar
Dallas, Texas
April 16, 1995
Access to Medical Records: Mental Health Records, Substance Abuse Records, and Records of ChildrenMedical Educational Services, Inc., Seminar
Dallas, Texas
August 22-28, 1994
State’s Physicians Seek Ways to Organize for Era of Reform
Tarrant Business
- Southern Methodist University (J.D. 1988; Phi Delta Phi); Tulane University (B.A. in English 1985)
- Texas, U.S. District Court for the Northern District of Texas, and U.S. Court of Appeals for the Fifth Circuit
Chambers USA
The Best Lawyers in America (1999-2018)
Lawyer of the Year, Dallas: Health Care Law, The Best Lawyers in America (2012)
Texas Super Lawyers
Board Certified in Health Law by the Texas Board of Legal Specialization