Patrick D. Souter
I feel it is important to learn and understand my clients and their business ventures rather than just their legal needs. Working side-by-side with clients in every area of their business not only enables me to identify practical solutions that are in line with each client’s unique culture and work environment, but also allows me to serve as part of their team, rather than just their lawyer.
Pat is known for his legal and educational experience in the healthcare industry, making him a sought-after resource for clients and students alike. His primary areas of practice are related to Transactional and Administrative Healthcare, Corporate, Securities and Antitrust matters.
He is also a Professor of Healthcare Studies at Baylor University School of Law where he oversees the healthcare law program and teaches Healthcare Law, Healthcare Fraud and Abuse and Regulation of Healthcare Professionals. Pat is also involved with the Robbins Institute for Health Policy and Leadership at the Baylor University Hankamer School of Business where he teaches Healthcare Law and Ethics in its M.B.A. in Healthcare Administration Program and Executive M.B.A. Program.
He is Board Certified in Healthcare Law by the Texas Board of Legal Specialization and has completed the training by the American Health Law Association as a Mediator and Arbitrator.
Transactional Health Care Matters
- Successfully represented a client in the sale of 12 Freestanding Emergency Rooms, 1 Micro-Hospital and 1 Urgent Care and Imaging Center operating throughout the State of Texas to a private equity backed Freestanding Emergency Room and Urgent Care provider for a total transaction value of $125,000,000.
- Successfully represented a client in the sale of all the assets of its dual model full-service Emergency Department and Urgent Care locations operating in Central Texas to a national, private equity backed Emergency Room and Urgent Care provider for a total transaction value of $60,000,000.
- Successfully represented a Dallas metroplex-based internal medicine and geriatric medical practice client in the sale of all of its assets to a national primary care practice management company with a transaction value of $6,000,000 and the execution of employment agreements with the Buyer’s affiliated medical practice.
- Successfully represented a client in the financing and acquisition of 6 Freestanding Emergency Departments (“FSEDs”) located throughout the State of Texas from a Federal Bankruptcy Court proceeding for $9,970,000.
- Successfully represented a client in the sale of 80 percent of its radiation therapy centers located in Texas, Oklahoma, Arkansas and Missouri to a newly created joint venture entity co-owned with a national company for $52,000,000 and a development arrangement with the joint venture valued at $600,000 per year.
- Successfully represented a client in the financing and acquisition of an acute care hospital with Critical Access Hospital designation and adjoining Medical Office Building. The hospital is the sole hospital located in the North Central Texas county where it is located.
- Participated in the organization, funding, merger and acquisition, and ongoing representation of Physician practices, Section 162.001(b) Non-Profit Health Organizations certified by the Texas Medical Board (commonly known as "5.01(a) entities"), hospitals, Management Services Organizations (MSO), and health care provider networks such as Medicare Shared Savings Program Accountable Care Organizations (ACO), Independent Practice Associations (IPA) and Integrated Health Systems (IHS)
- Representation of hospitals, free-standing emergency rooms and urgent care centers
- Representation of entities offering home health, durable medical equipment, prosthetics, hospice, and assisted living services, including various operational, merger and acquisition issues encountered by such entities
- Representation of ancillary service providers, such as laboratories, pharmacies, radiology and imaging centers, and entities offering diagnostic services, physical therapy and rehabilitation services
- Representation of air and ground ambulance companies including various operational, merger and acquisition issues
- Representation of hearing equipment manufacturers, hearing centers, Audiologists and Audiology management and network entities
Administrative Health Care Matters
- Represented Health Care providers before a variety of state licensure entities, such as:
- Texas Medical Board
- Texas State Board of Nursing
- Texas State Board of Social Workers
- Oklahoma Board of Medical Licensure and Supervision
- Louisiana State Board of Medical Examiners
- California Speech-Language Pathology and Hearing Aid Dispensers Board
- Represented health care providers in a variety of administrative matters, including:
- Medicare and Medicaid Appeals
- Medicare and Medicaid reimbursement issues
- Administrative and appeal actions with the Texas Department of Insurance and third party insurance payers
- Representation of physicians in peer review actions with hospital and managed care entities
- Representation of healthcare providers in whistleblower "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 securities offerings for various business entities including ambulatory surgery centers, pharmaceutical companies, imaging centers and medical equipment leasing companies
- Representation of investment advisors and broker-dealers
Healthcare 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
- Participated in a Hart-Scott-Rodino filing involving the sale and acquisition of Freestanding Emergency Room entities
Transactional Non-Health Care Matters
- Successfully represented a client in the financing and acquisition of a well-established 7 location restaurant chain located in Illinois for $16,060,000.
- Successfully served as co-counsel in representation of the sale of a company that manufactures and installs custom-made sub-surface and surface materials for athletic department’s use for its sport facilities throughout the United States.
Recent Significant Published Court Decisions
- Pat successfully prosecuted a claim for relief on behalf of a physician practice seeking a stay on recoupment by the U.S. Department of Health and Human Services (“DHHS”) and Centers for Medicare and Medicaid Services (“CMS”) of reimbursement that had been previously paid to the provider for Medicare products and services it had rendered to Medicare beneficiaries. In Arthritis and Osteoporosis Clinic of East Texas, P.A., v. Alex M. Azar II, Secretary of the United States Department of Health and Human Services and Seema Verma, Administrator of the Centers for Medicare and Medicaid Services, s 450 F.Supp.3d 740 (E.D. Tex. 2020), the U.S. District for the Eastern District of Texas granted Plaintiff’s Motion for Preliminary Injunction barring recoupment of reimbursement received by the medical practice until there was final disposition reached on the overpayment issue.
- Pat has successfully defended a medical management company in a legal dispute over a mutual mistake as to the property description and the amount of land conveyed at the time of closing. The land in question 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 Gray Reed's client.
- From a corporate securities perspective, Pat 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. Long 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 Gray Reed's client. The other Defendants settled prior to the Court rendering its decision.
- Recognized as a leading healthcare lawyer in Texas by Chambers & Partners USA (2020 - 2023)
- Selected by his peers for inclusion in Woodward/White, Inc.'s The Best Lawyers in America in the field of Health Care Law (2019 - 2024)
- Named a "Super Lawyer" by Texas Super Lawyers (a Thomson Reuters business) as published in Texas Monthly (2023)
- Co-author, Health Law Essentials (Published July 2023), American Bar Association publication, Chapter 2: “Physician Legal Issues”
- Co-author, Physician Law Evolving Trends and Hot Topics 2022; American Bar Association publication, Chapter 7: “Doctors’ Defense in Medical Staff Hearings and Appeals: An Overview for Attorneys and their Physicians Clients”
- Co-author, Physician Law Evolving Trends and Hot Topics 2021, American Bar Association publication, Chapter 7: "Doctors’ Defense in Medical Staff Hearings and Appeals: An Overview for Attorneys and their Physician Clients"
- Co-author, Physician Law Evolving Trends and Hot Topics 2020, American Bar Association publication, Chapter 7: "Doctors’ Defense in Medical Staff Hearings and Appeals: An Overview for Attorneys and their Physician Clients"
- Co-author, Physician Law Evolving Trends and Hot Topics 2019, American Bar Association publication, Chapter 7: "Doctors’ Defense in Medical Staff Hearings and Appeals: An Overview for Attorneys and their Physician Clients"
- Co-author, What is ... Medical Staff Peer Review?, American Bar Association publication
- Co-author, Physician Law Evolving Trends and Hot Topics 2018, American Bar Association publication, Chapter 7: "Doctors’ Defense in Medical Staff Hearings and Appeals: An Overview for Attorneys and their Physician Clients"
- Co-author, Physician Law Evolving Trends and Hot Topics 2017, American Bar Association publication, Chapter 7: "Doctors’ Defense in Medical Staff Hearings and Appeals: An Overview for Attorneys and their Physician Clients"
- Co-author, Representing Physicians, 4th Ed., American Health Lawyer Association publication, Chapter 24: "Structuring Physician In-Office Drug Dispensing and Compounding Arrangements"
Professional Activities, Memberships & Affiliations
- American Health Law Association
- Physician Organization Practice Group
- Chair (2022 - 2024)
- Vice Chair of Publications (2018 - 2020)
- Social Media Coordinator (2017 - 2018)
- Leadership Development Program (2014 - 2015)
- On-Line Dispute Resolution Working Group (2020 - 2023)
- State Associations Council Working Group (2017 - 2019)
- Fraud and Abuse Practice Group
- Medical Staff Credentialing and Peer Review Practice Group
- Business Law and Governance Practice Group
- Mentor/Mentee Program
- Honor Roll of Public Interest Donors - Patron Annual Giving Club (2015 - 2023)
- American Bar Association
- Texas Health Lawyers Association
- Board of Directors (2015 - Present)
- President (2017)
- Treasurer (2016)
- Secretary (2015)
- Dallas Bar Association
- Texas & Southwestern Cattle Raisers Association
- Property Rights & Tax Committee (2021 - 2023)
Community Activities, Memberships & Affiliations
- Place 2, Waxahachie City Council
- Historic Waxahachie, Inc. a 501(c)(3) organization
- Brazoria County Counseling Center, Inc., a 501(c)(3) organization