Patrick D. Souter
T: 214.954.4135 F: 469.320.6877
Patrick Souter is a member of the Health Care Section at Gray Reed & McGraw. His primary areas of practice are related to Transactional and Administrative Healthcare, Corporate, Securities and Antitrust matters. Mr. Souter is also a Adjunct Lecturer of Health Care studies at Baylor University School of Law where he teaches Health Care Law, Health Care Fraud and Abuse and Regulation of Health Care Professionals. While primarily representing clients in the health care industry, Mr. Souter also advises non-health care entities in a wide array of industries.
A native of Dallas, Texas, Mr. Souter obtained his Bachelor of Business Administration in Finance and Juris Doctorate from Baylor University and is currently a candidate in the M.B.A. Program for Health Services Management at the University of Dallas. He is licensed by the State Bar of Texas and has gained admission to practice before the United States District Court for the Northern District and Eastern District of Texas, the U.S. Fifth Circuit Court of Appeals and the U.S. Tax Court. Additionally, Mr. Souter is a member of the State Bar of Texas, American Bar Association, Dallas Bar Association, and the American Health Lawyers Association. Mr. Souter is also certified by the American Health Lawyers Association as a Mediator and Arbitrator.
Transactional Health Care Matters
- Participated in the organization, funding, merger and acquisition, and ongoing representation of Physician practices, Section 162.001(b) Non-Profit Health Organization certified by the Texas Medical Board (commonly known as "5.01(a) entities"), Management Services Organizations (MSO), Third Party Administrators (TPA), Rural Health Clinics, and health care provider networks such as Independent Practice Associations (IPA) and Physician Hospital Organizations (PHO)
- Organization and ongoing representation of hearing equipment manufacturers, hearing centers, Audiologists and Audiology management and network entities
- Organization and ongoing representation of entities offering home health, durable medical equipment, hospice, and assisted living services, including various operational, merger and acquisition issues encountered by such entities
- Representation of air and ground ambulance companies including various operational, merger and acquisition issues
- Ongoing representation of radiology and imaging centers and entities offering diagnostic services, physical therapy and rehabilitation services and other ancillary service providers
Administrative Health Care Matters
- Represented Health Care providers before the Texas Medical Board, Texas State Board of Nursing, Texas State Board of Social Workers, the Oklahoma Board of Medical Licensure and Supervision, the Louisiana State Board of Medical Examiners and the California Speech-Language Pathology and Hearing Aid Dispensers Board
- Represented health care providers in administrative matters pertaining to Medicare and Medicaid reimbursement including all levels of the Medicare Appeals process
- Represented health care providers in administrative and appeal actions with the Texas Department of Insurance and third party insurance payors
- Representation in peer review actions with hospital and managed care entities
- Representation of healthcare providers in whisteblower "qui tam" actions
Corporate and Securities Matters
- Incorporated, advised and obtained financing for both health care and non-health care business entities and preparation of all organizational, operational and securities documents as each relates to operational concerns including mergers and acquisitions
- Primary attorney on numerous public and private offerings of securities for various business entities including ambulatory surgery centers, pharmaceutical companies and imaging centers.
- Representation of investment advisors and broker-dealers
Antitrust and Related Business Concerns
- Advised numerous companies on antitrust concerns related to operational, merger and acquisition concerns
- Responsible attorney on federal and state investigations related to antitrust and business practice issues
- Participated in the successful request for a Business Review Letter from the U.S. Department of Justice - Antitrust Division for a Group Health Care Purchasing Association
Recent Significant Published Court Decisions
- Successfully defended the landowner in a lawsuit filed by the previous owner of a tract of land who claimed there was a mutual mistake as to the property description and the amount of land conveyed at the time of closing. The land was used to build a medical office building to house the primary pediatric practice for a five county area in rural East Texas. In Gilbard-Smith v. Perry, 323 S.W.3d 709, the Dallas Court of Appeals reversed the trial court's decision in favor of the previous landowner and rendered judgment in favor of the current landowner.
- Successfully defended an international financial consultancy entity against claims it tortiously interfered with a business relationship between another financial consultant and its client. In Greentree Financial Group, Inc. v. Ling Fortune Valley Tourism, et al, 824 F. Supp. 2d 1363, the U.S. District Court for the Southern District of Florida granted Defendant's Motion to Dismiss Amended Complaint stating Plaintiff had failed to allege sufficient facts for it to maintain the lawsuit against Mr. Souter's client. The other Defendants settled prior to the Court rendering its decision.