Leah Stewart COUNSEL

Leah Stewart practices in several areas of healthcare and regulatory law, with an emphasis on managed care. She represents hospitals, physicians, pharmacies, and healthcare entities on a wide range of matters, including healthcare and managed care contract arrangements; regulation of healthcare providers, health plans, insurance and workers' compensation carriers; federal and state privacy issues (HIPAA); Texas legislative and rulemaking initiatives; federal and state fraud and abuse laws; Medicare Parts C and D; licensure and certification by the Texas Department of Insurance and Texas Medical Board; and health care reimbursement and transactions. Leah is committed to providing clients with efficient and cost-effective legal services that are tailored to her clients' needs.

Federal and State Healthcare Regulation

• Counseled large-chain pharmacy retailer on a wide variety of regulatory issues, including fraud and abuse issues, managed care and Medicaid reimbursement, and HIPAA.
• Advised clients on handling of HIPAA complaints and responding to OCR investigations.
• Advised company offering retail-based health care clinics on federal and state regulatory issues.
• Advised device manufacturers on Stark, fraud and abuse issues, and HAC reimbursement.
• Assisted with representation of a pharmaceutical company on regulatory issues related to the Texas Vendor Drug Program (VDP) and confidentiality of pricing information submitted to the VDP.
• Presentation of legal analyses to CMS for clarification on issues related to the Medicare Advantage program.

Managed Care Contracting

• Drafted and negotiated managed care contracts for hospital systems, hospitals, and physician networks on individual, regional, and national levels.
• Drafted and negotiated facility, provider, medical group, and delegation template contracts for Texas-licensed HMO.
• Negotiated with managed care companies to arrange transitional access to managed care contracts after a reorganization of a Texas 5.01(a) non-profit corporation.
• Represented workers' compensation network client in contracting activities and disputes.

Legislative and Rulemaking Initiatives

• Assisted with representation of hospitals and carriers on managed care reform legislation for workers' compensation and related rulemaking.
• Participated in Medicare Advantage rulemaking process on behalf of hospital clients.
• Developed form policies and procedures for hospitals and physicians to implement new transparency legislation in Texas.
• Prepared a letter brief to CMS regarding the interpretation of the Medicare Advantage rules and regulations regarding the coverage of benefits outside a Medicare Advantage Plan's service area.

Regulatory and Transactional Matters

• Advised national workers' compensation and auto health care intermediary on business dealings and contract negotiations with provider networks, payers, and other entities.
• Counseled national healthcare company on regulatory issues in transactions buying and selling provider networks and related managed care assets.
• Represented private equity fund with respect to an investment in and restricting of a chain of emergency services hospitals and clinics.
• Counseled national healthcare company in connection with the separation of its two principal operating units pursuant to a spin-off transaction.
• Analyzed state and federal regulatory issues dealing with environmental law, including the Mirgratory Bird Treaty Act and related laws.

Licensure and Certification Matters

• Represented a publicly traded company applying for a Certificate of Authority as a Texas HMO and seeking participation in the managed Medicaid and CHIP programs.
• Represented physicians before the Texas Medical Board on licensure and disciplinary matters.
• Negotiated with managed care companies to arrange transitional access to managed care contracts after a reorganization of a Texas 5.01(a) non-profit corporation.
• Represented workers' compensation network client in contracting activities and disputes.

EDUCATION AND PROFESSIONAL BACKGROUND

• Beatty Bangle Strama PC, 2011 – Present
• Vinson & Elkins LLP, 2003–2011
• Judicial clerk to The Honorable Emilio M. Garza, U.S. Fifth Circuit Court of Appeals, 2002–2003
• University of Virginia School of Law, J.D., 2002 (Order of the Coif)
• Texas A&M University, B.S. Genetics magna cum laude, 1999
• Admitted to practice: Texas, 2002

ACTIVITIES AND AFFILIATIONS

• Chair: Managed Care Contracting Affinity Group, Payors, Plans and Managed Care Practice Group, American Health Lawyers Association
• Member: American Health Lawyers Association; American Bar Association; Health Law Section, State Bar of Texas; Austin Health Lawyers

PUBLICATIONS AND PRESENTATIONS

• "Health Care Reform: ACOs and Provider Networks," Texas Health Law Conference, Austin, Texas, October 2010
• "The Payment Puzzle: Innovative Strategies for Reforming Healthcare Payment," AHLA Payors, Plans and Managed Care Law Institute, Chicago, Illinois, October 2009
• "New and Improved Privacy: The HITECH Changes to HIPAA," Texas Health Law Conference, Austin, Texas, October 2009
• "The Trouble With Something for Nothing: Compliance Issues with Free Services and Promotions," AHLA Fraud and Compliance Forum, Baltimore, Maryland, October 2009
• E-Alert, "CMS Imposes Intermediate Sanctions on WellPoint's Medicare Plans," American Health Lawyers Association, January 2009
• "Critical Access Hospitals and Medicare Advantage," Rural Health Trifecta Conference, Austin, Texas, August 2008
• "Texas Legislative Update for GE Health Care," San Antonio, Texas, April 20
• "Workers' Compensation Health Care Networks — Win, Lose, or Draw?" Travis County Bar Association Health Law Meeting, Austin, Texas, June 2006
• "Medicare Prescription Drug, Improvement and Modernization Act of 2003 Update," Travis County Bar Association Health Law Meeting, Austin, Texas, January 2004