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 ambulatory surgery centers, single and multi-specialty medical and dental practices and other health care providers and entrepreneurs on compliance and transactional matters.

 

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.

 

Ms. Studebaker also 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 nearly 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, prepare 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).  This case considered 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 2014 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

Washington State Bar Association

Washington State Society of Healthcare Attorneys

American Health Lawyers Association

HONORS

Washington Ambulatory Surgery Center Association Clutch Player Award, 2016

Washington Ambulatory Surgery Center Association Clutch Player Award, 2009 

PUBLICATIONS

  • “Washington's Balance Billing Protection Act: Is Your ASC Prepared?,” Washington Ambulatory Surgery Center Association Legal Alert, August 7, 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,” 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

 

  • “Crosswalk of Medicare Conditions for Coverage for Ambulatory Surgical Centers and Oregon State Licensure Requirements for Ambulatory Surgical Facilities,” [], August 18, 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

  • "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

© 2019 by Studebaker Nault, PLLC