EMILY R. STUDEBAKER
PARTNER
A founder of the firm, Emily R. Studebaker practices exclusively in the area of health law. She provides counsel on healthcare transactional and regulatory matters for ambulatory surgery centers, single and multi-specialty medical and dental practices and other health care providers and entrepreneurs.
Ms. Studebaker counsels clients on federal and state fraud and abuse laws, including the federal Anti-kickback Law and the Physician Self-Referral Law (commonly referred to as the “Stark Law”) as well as state anti-rebating and fee-splitting prohibitions. In addition, Ms. Studebaker advises clients regarding corporate practice of medicine and corporate practice of dentistry laws and assist clients to structure medical and dental service organizations to comply with or properly avoid these laws.
Ms. Studebaker represents clients in mergers and acquisitions, divestitures, private equity transactions and joint ventures, and she drafts and negotiates asset purchase agreements, operating agreements, management agreements, employment agreements and medical director agreements.
Representing the Washington Ambulatory Surgery Center Association for more than 15 years, Ms. Studebaker has a thorough understanding of the issues affecting the ambulatory surgery industry. She regularly assists ambulatory surgery centers with state licensing, Medicare certification and accreditation by Accreditation Association for Ambulatory Health Care, American Association for Accreditation of Ambulatory Surgery Facilities, and The Joint Commission. In addition, Ms. Studebaker counsels ambulatory surgery centers on the Washington certificate of need law, prepares certificate of need applications, and represents ambulatory surgery centers in the certificate of need review process and related litigation.
Ms. Studebaker has prepared briefs amici curiae to the Washington State Supreme Court and the Washington Court of Appeals regarding issues affecting the ambulatory surgery industry. In 2015, she prepared briefs amicus curiae to the Washington Court of Appeals on behalf of the Washington Ambulatory Surgery Center Association in The Polyclinic, et al. v. Department of Health of the State of Washington, No. 46937-5-II (2nd Div. 2015), a case involving the applicability of Washington’s certificate of need law to expansions and relocations of already certificate of need approved ambulatory surgery centers. In 2009, Ms. Studebaker prepared a brief amicus curiae to the Washington Supreme Court on behalf of the Washington Ambulatory Surgery Center Association in Columbia Physical Therapy, Inc., P.S. v. Benton Franklin Orthopedic Associates, P.L.L.C., et al., 168 Wash.2d 421 (2010), a case regarding whether physician-owned physical therapy services violate Washington’s corporate practice of medicine doctrine and the state’s anti-rebating statute.
In addition, Ms. Studebaker represented the Washington Ambulatory Surgery Center Association before the Washington State Legislature on House Bill 1414, the bill introduced in 2006 to require state licensure of ambulatory surgery centers. She also represented the association in connection with the development of the regulations implementing the licensing law. This provides Ms. Studebaker with unique insight on the ambulatory surgery center licensing law and regulations, including the interpretation of both by the Washington State Department of Health.
Similarly, Ms. Studebaker represented the Oregon Ambulatory Surgery Center Association in connection with the development of the physical environment regulations for ambulatory surgery centers, providing Ms. Studebaker insight regarding regulatory requirements applicable to Oregon ambulatory surgery centers.
Ms. Studebaker works with several medical specialty societies and currently serves as outside counsel to the Washington Ambulatory Surgery Center Association and Washington State Dental Association.
EDUCATION
Bachelor of Arts, Duke University, cum laude, 1997
Juris Doctor, University of Washington School of Law, 2001
ADMISSIONS
Bar of Washington
MEMBERSHIPS
American Health Lawyers Association
Washington State Bar Association
Washington State Society of Healthcare Attorneys
HONORS
Washington State Dental Association President’s Award, 2021
Washington Ambulatory Surgery Center Association Clutch Player Award, 2016
Washington Ambulatory Surgery Center Association Clutch Player Award, 2009
PUBLICATIONS
“Legal Alert: Is Your Practice in Compliance with Washington’s Anti-Kickback Statute?”, Washington State Podiatric Medical Association Friday Feature, January 19, 2024
“Does Your Practice's Compliance Program Align with the Office of the Inspector General Guidance?" Eye kNow eNewsletter, American Society of Ophthalmic Registered Nurses, December 2023
“CMS Provides Flexibility for Exceeding 24-hour Time Frame for Patients in ASCs during COVID-19 Public Health Emergency,” Studebaker Nault Legal Alert, January 19, 2021
“Washington Governor Issues Proclamation 20-24.2, Requirements for Non-Urgent Medical and Dental Procedures,” Studebaker Nault Legal Alert, December 3, 2020
“Public Access to State Licensing Survey Information: Is your ASF Prepared?” Studebaker Nault Legal Alert, August 3, 2020
“Washington Governor Issues Proclamation 20-24.1, Reducing Restrictions on Non-Urgent Medical and Dental Procedures,” Studebaker Nault Legal Alert, May 20, 2020
“Washington State Governor Releases Interpretive Statement on Proclamation 20-24: Clarifies Restrictions on Non-urgent and “Elective” Procedures,” Studebaker Nault Legal Alert, April 30, 2020
“CMS Issues Guidance For Reopening Facilities To Provide Non-Emergent, Non-COVID-19 Healthcare,” Studebaker Nault Legal Alert, April 22, 2020
“Washington Governor Issues Proclamation 20-36: Waives Certain Certificate of Need Statutes and Rules Applicable to ASFs,” Studebaker Nault Legal Alert, March 31, 2020
“Oregon Governor Requires Cancellation and Rescheduling of Elective and Non-Urgent Medical Procedures in Response to COVID-19,” Studebaker Nault Legal Alert, March 26, 2020
“Washington Governor Issues Proclamation 20-24: Restrictions on Non-Urgent Medical Procedures,” Studebaker Nault Legal Alert, March 20, 2020
“Infection Control Requirements Under the Final Phase of Implementation,” Studebaker Nault Legal Alert, October 14, 2019
“Health Care Transactions: Hospitals, Hospital Systems, and Provider Organizations Required to Notify Washington State Attorney General,” Studebaker Nault Legal Alert, October 1, 2019
“Washington's Balance Billing Protection Act: Is Your ASC Prepared?,” Studebaker Nault Legal Alert, August 7, 2019
“Governor Signs Legislation Protecting Certificate of Need Exempt Status of Certain ASFs,” Studebaker Nault Legal Alert, May 15, 2019
“House Bill 1777 Protects Certificate of Need Exempt Status of Certain ASFs,” Studebaker Nault Legal Alert, April 3, 2019
“WASCA Advocates for Surgery Centers with Pending Certificate of Need Exemption Applications,” Washington Ambulatory Surgery Center Association Legal Update, April 3, 2018
“Department of Health Issues Interpretive Statement Regarding Certificate of Need Review Requirements for Ambulatory Surgical Facilities,” Washington Ambulatory Surgery Center Association Legal Update, April 3, 2018
“Department of Health Issues Interpretive Statement Regarding Certificate of Need Review Requirements for Ambulatory Surgical Facilities,” Washington Ambulatory Surgery Center Association Legal Update, January 19, 2018
“Department of Health Determines It Lacks Authority to Grant Exemptions from Certificate of Need Review to Washington’s ASCs,” Washington Ambulatory Surgery Center Association Legal Update, January 11, 2018
“WASCA Files Complaint for Declaratory and Injunctive Relief Against Department of Health Regarding New Rule Subjecting ASF Expansions to Certificate of Need Review,” Washington Ambulatory Surgery Center Association Legal Update, January 4, 2018
Crosswalk of Washington State Licensing Requirements and Medicare Conditions for Coverage, October 12, 2017
Ambulatory Surgical Centers Medicare Conditions for Coverage: State Operations Manual Surveyor Guidance Summary and Checklists, November 18, 2016
“MQAC Issues Interpretive Statement on Rule Governing Use of Laser, Light, Radiofrequency and Plasma Devices,” Northwest ASC Update, April 13, 2015
“CMS Revises Interpretive Guidelines for Ambulatory Surgical Centers Conditions for Coverage,” Northwest ASC Update, February 12, 2015
“Court of Appeals Denies Department of Health Request to Stay Thurston County Superior Court Order Invalidating New Rule Subjecting ASFs Operating Rooms Increases to Certificate of Need Review,” Washington Ambulatory Surgery Center Association Legal Update, February 10, 2015
“Reimbursement Roundup: Billing Technicality Could Cost Group of Surgeons Millions,” Outpatient Surgery Magazine, December 2014
“WASCA Files Amicus Curiae Brief in Declaratory Action to Invalidate New Certificate of Need Rule Subjecting ASFs to Review,” Washington Ambulatory Surgery Center Association Legal Update, October 13, 2014
“Department of Health Announces Certificate of Need Rulemaking Work Plan and Fee Proposals,” Washington Ambulatory Surgery Center Association Legal Alert, July 25, 2014
“Lee v. Thaheld/Lee-01, LLC: Washington Court Finds Health Care Management Services Agreement Illegal,” Washington Ambulatory Surgery Center Association Legal Update, March 10, 2014
“New Credentialing Requirements for Washington’s Medical Assistants Effective July 1, 2013,” Washington Ambulatory Surgery Center Association Legal Update, July 1, 2013
“Washington State Department of Health Investigates Compliance with Certificate of Need Law,” Washington ASC Update, Summer 2011
“House Bill 1575 Allows ASCs to Regain their Licenses,” Washington Ambulatory Surgery Center Association Legal Alert, March 14, 2011
“Medical Quality Assurance Commission Adopts New Office-Based Surgery Rules,” Spokane County Medical Society, The Message, August 2010
PRESENTATIONS
“2023 Washington ASC Legislative and Regulatory Update," Washington Ambulatory Surgery Center Association Annual Education Conference, November 9, 2023
“Washington State Policy Impacting Profitability, Operations and Deal Strategies for ASCs," Pacific Northwest ASC Symposium, August 4, 2023
“Update on State Licensing and Certificate of Need in Washington," Washington Ambulatory Surgery Center Association Ambulatory Surgical Facility Licensing Seminar, March 3, 2023
“Preparing for Successful Onsite Surveys of ASCs," Washington Ambulatory Surgery Center Association Annual Education Conference, November 4, 2022
“2022 Washington ASC Legislative and Regulatory Update," Washington Ambulatory Surgery Center Association Annual Education Conference, November 3, 2022
“Changes in Washington's Health Care Delivery System Affecting ASC Operations & Profitability," Northwest ASC Symposium, June 2, 2022
“2021 Washington ASC Legislative and Regulatory Update," Washington Ambulatory Surgery Center Association Annual Education Conference, November 4, 2021
“Compliance Programs for Ophthalmic Physician Practices,” Washington Academy of Eye Physicians & Surgeons Annual Meeting, March 11, 2021
“2019 Washington ASC Legislative and Regulatory Update,” Washington Ambulatory Surgery Center Association Annual Education Conference, November 14, 2019
“Physician Contracting Issues in Urology," Washington State Urology Society Annual Meeting, June 22, 2019
“Key Issues for ASCs: 2019 Legislative Session,” Pacific Northwest ASC Symposium, May 24, 2019
“Legal and Regulatory Issues Affecting the Operations and Profitability of Ophthalmic Practices,” Washington Academy of Eye Physicians & Surgeons Annual Meeting, March 29, 2019
“2018 Washington ASC Legislative and Regulatory Update,” Washington Ambulatory Surgery Center Association Annual Education Conference, November 2, 2018
“Knock, Knock! Surveyors Are at the Door: Practical Tips for a Successful ASC Survey,” Washington Ambulatory Surgery Center Association Annual Education Conference, November 2, 2018
“Regulatory Issues Affecting ASC Operations and Profitability,” Pacific Northwest ASC Symposium, July 26, 2018
“Recent Developments in Washington’s ASF State Licensing Program,” Washington Ambulatory Surgery Center Association Spring Seminar, February 2, 2018
“2017 ASC Compliance Update,” Washington Ambulatory Surgery Center Association Annual Conference, October 12, 2017
“Critical Legal and Regulatory Issues Impacting Washington’s ASCs,” Pacific Northwest ASC Symposium, July 27, 2017
“2016 ASC Compliance Update,” Washington Ambulatory Surgery Center Association Annual Conference, November 18, 2016
“Corporate Practice of Medicine Doctrine and Other Considerations for ASC Affiliations,” Pacific Northwest ASC Symposium, June 23, 2016
“Ophthalmology Legislative and Regulatory Update,” Washington Academy of Eye Physicians & Surgeons Practice Management Meeting, March 31, 2016
“2015 ASC Compliance Update,” Washington Ambulatory Surgery Center Association Annual Education Conference, November 16, 2015
“Washington ASC Certificate of Need Update,” Washington ASC Symposium, September 11, 2015
“Legal Issues Impacting Washington Ophthalmology Practices and Surgery Centers,” Washington Academy of Eye Physicians and Surgeons Practice Management Meeting, March 19, 2015
“Washington ASC Compliance Update,” Washington Ambulatory Surgery Center Association, September 18, 2014
“Washington ASC Update,” Washington Society of Plastic Surgeons 2014 Annual Meeting, June 1, 2014
“Compliance Issues in Ophthalmology,” Washington Academy of Eye Physicians and Surgeons Practice Management Seminar, March 7, 2014
“Preventing Fraud & Abuse in ASCs,” ASC Association Annual Conference, May 11, 2012
“Physician and Hospital Affiliations: Key Regulatory and Transactional Issues,” Washington Academy of Eye Physicians & Surgeons Practice Management Seminar, March 23, 2012
“Washington State Compliance Update,” Washington Academy of Eye Physicians & Surgeons Practice Management Seminar, March 23, 2012
“Preparing for Ambulatory Surgical Facility Licensure Surveys,” Washington Ambulatory Surgery Center Association Spring Seminar, February 21, 2012
“Washington ASC Compliance Update,” Washington Ambulatory Surgery Center Association, October 13, 2011
“Oregon ASC Compliance Update,” Oregon Ambulatory Surgery Center Association Annual Conference, September 23, 2011
“Physician and Hospital Affiliations: Key Regulatory and Transactional Issues,” Washington State Urology Society Annual Conference, June 18, 2011
“ASC Compliance Update,” Washington Ambulatory Surgery Center Association Fraud and Abuse Compliance Update, March 18, 2011
“Washington State Compliance Update,” Washington Academy of Eye Physicians & Surgeons Practice Management Seminar, March 17, 2011
“Acquisition of Physician Practices: Key Regulatory and Transactional Issues,” Northwest Academy of Otolaryngology Winter Conference, January 7, 2011
“Oregon ASC Compliance Update,” Oregon Ambulatory Surgery Center Association Annual Conference, September 27, 2010
“Legal Pitfalls for Associations to Avoid,” ASC Association Annual Conference, May 19, 2010
“Preparing for Licensure of Ambulatory Surgical Facilities,” Washington Ambulatory Surgery Center Association Spring Seminar, May 29, 2009
“Ambulatory Surgical Facilities: Medicare Conditions for Coverage,” Oregon Ambulatory Surgery Center Association Annual Conference, October 4, 2008
“Liability Issues in Ophthalmology,” Washington Academy of Eye Physicians & Surgeons Annual Meeting, September 27, 2008
“Ambulatory Surgical Facilities: Medicare Conditions for Coverage,” Washington Ambulatory Surgery Center Association Annual Conference, September 12, 2008
“Ambulatory Surgery Centers: The Complexities of Physician Ownership,” Washington Ambulatory Surgery Center Association Annual Conference, October 19, 2007
“Ambulatory Surgery Centers: Fraud and Abuse Issues,” Washington Ambulatory Surgery Center Association Annual Conference, June 20, 2007
estudebaker@studebakernault.com
Washington Office:
425.279.9929, Ext. 101
