Charles “Dick” R. Hay

Charles “Dick” R. Hay

Partner

Topeka

534 S Kansas Ave #1400
Topeka, KS 66603

T: 785.354.9413
F: 866.347.5155

dhay@foulston.com

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Profile

Mr. Hay has extensive experience in health law, including litigation in areas such as hospital and physician regulation and reimbursement. Mr. Hay also devotes a substantial part of his practice to preparation and counseling regarding pension planning and obligations under ERISA. Finally, he has extensive experience with bankruptcy practice. Mr. Hay enjoys Martindale-Hubbell Law Directory’s highest “AV” rating for lawyers and has been selected by his peers for inclusion in the Missouri & Kansas Super Lawyers® list and The Best Lawyers in America© as a leading health care lawyer in the United States.

Education

  • University of Kansas (J.D., 1974)
    Order of the Coif; University of Kansas Law Review
  • University of Kansas (B.S.J., 1971)

Admissions

  • U.S. District Court for the District of Kansas
  • U.S. District Court for the Western District of Missouri
  • Kansas (1974)
Community Involvement
  • Topeka Hospice (now Midland Hospice), Charter board member (1977-88) and President (1985-87)
  • Board of Directors, American Cancer Society, Shawnee County, (1977-80); residential crusade chairman (1977, 1978)
  • Topeka Lions Club, President (1994-95)
Relevant Experience

Health Law:

  • Many years of experience in advising institutional and individual health care providers with regard to the requirements of the Medicare and Medicaid anti-kickback statute, Stark I and II, civil monetary penalties, EMTALA, and Medicare Part A and Part B and Medicaid reimbursement rules and requirements.
  • Represented institutional and individual health care providers in investigations and negotiations with the Department of Justice.
  • Designed and served as an educational resource for institutional compliance plans in several institutions and as a member of an institutional compliance committee.
  • Represented institutional providers with regard to EMTALA investigations conducted by CMS and related proceedings before KFMC.
  • Assisted health care providers in reviewing billing and reimbursement issues, arranging audits, and determining the necessity and methodology for voluntary self-disclosure to governmental agencies.
  • Conducted educational programs as to the requirements and implications of Stark II.
  • Represented individual and institutional providers in Kansas administrative proceedings involving Medicaid reimbursement and licensure issues.
  • Speaker on various fraud and abuse issues before professional groups.
  • Assisted in development of institutional HIPAA policies and served as a member of institutional HIPAA committee.
  • Represented institutional providers before the Provider Review Reimbursement Board.
  • Advised hospitals as to physician recruitment arrangements.
  • Drafted legislation enacted into law by the Kansas legislature.
  • Represented hospitals in acquisition/consolidation arrangements.
  • Review/negotiation of managed care contracts.
  • Preparation and submission of individually designed and drafted 401(k) plans, ESOP and defined benefit plans to IRS.
  • Drafting of 403(b) plans and 457 plans.
  • Drafting of SERP and other non-qualified deferred compensation plans.
  • Representation of ESOP involved in corporate acquisition.
  • Conducted HIPAA privacy training for group health plan personnel of large local company.
  • Substantial ERISA litigation experience, primarily focusing on disability benefits.
  • Preparation and counseling as to cafeteria and related benefit plans.
  • Representation of 403(b) plan in IRS audit in which tax-exempt status of plan sponsor was revoked but ultimately restored after tax court action.
  • Preparation of insurance company master/prototype defined contribution plan and submission for IRS approval.
  • Development of self-insured health plans.
  • Preparation of managed care contracts.
  • Taught employee benefits law at Washburn Law School.
  • Lead counsel on behalf of intervening party in lengthy administrative hearing as to insurance company conversion and merger.
  • Incorporated and obtained regulatory approval for new Kansas health insurance company.
  • Incorporated and obtained Kansas regulatory approval for new Kansas title insurance company.
  • Defended major insurance companies in claims over life insurance and disability insurance policies.
  • Assisted in organization and policy forms development of new Kansas professional liability underwriter.
  • Appeared before state insurance commissioner as to various regulatory matters.

ERISA AND Employee Benefits:

  • Preparation and submission of individually designed and drafted 401(k) plans, ESOP and defined benefit plans to IRS.
  • Drafting of SERP and other non-qualified deferred compensation plans.
  • Representation of ESOP involved in corporate acquisition.
  • Conducted HIPAA privacy training for group health plan personnel of large local company.
  • Substantial ERISA litigation experience, primarily focusing on disability benefits.
  • Preparation and counseling as to cafeteria and related benefit plans.
  • Representation of 403(b) plan in IRS audit in which tax-exempt status of plan sponsor was revoked but ultimately restored after tax court action.
  • Preparation of insurance company master/prototype defined contribution plan and submission for IRS approval.
  • Development of self-insured health plans.
  • Preparation of managed care contracts.
  • Taught employee benefits law at Washburn Law School.

Insurance Regulatory Issues:

  • Lead counsel on behalf of intervening party in lengthy administrative hearing as to insurance company conversion and merger.
  • Incorporated and obtained regulatory approval for new Kansas health insurance company.
  • Incorporated and obtained Kansas regulatory approval for new Kansas title insurance company.
  • Defended major insurance companies in claims over life insurance and disability insurance policies.
  • Assisted in organization and policy forms development of new Kansas professional liability underwriter.
  • Appeared before state insurance commissioner as to various regulatory matters.
  • Taught insurance law at Washburn Law School.
  • Partner – Goodell, Stratton, Edmonds & Palmer, L.L.P. 1974-2007
Professional Memberships, Affiliations, and Honors
  • Selected by peers for inclusion in The Best Lawyers in America© in the area of Health Care Law, 1991-2019
  • Selected for inclusion in Missouri & Kansas Super Lawyers® List , 2005-2009, 2012-2015 (a Thomson Reuters business)
  • American Bar Association
  • Kansas Bar Association Outstanding Service Award, 1984; Member, Board of Editors of Journal of Kansas Bar Association (1982-96), KBA Professional Ethics Advisory Committee (Chairman 1988 - 1992), Awards Committee (1984-86), and Planning Committee (1987); Held all offices in Young Lawyers Section of Kansas Bar Association, including President (1983-84) and member of KBA Executive Council (1983-84)
  • Topeka Bar Association
  • Kansas Bar Foundation Chairman, General Contributions Committee (1984-86)
  • American Health Lawyers Association
  • Kansas Association of Hospital Attorneys President (1987-88)
  • Topeka Area Bankruptcy Council
Presentations

2013

  • Enforcement of HIPAA Strengthened by the MegaRule (Foulston Siefkin, HIPAA MegaRule Decoded: Health Care Providers Forum)
  • I'm Conflicted: Handling Conflicts of Interest & Other Governance Issues (Foulston Siefkin LLP, Health Law Institute)

2011

  • Health Care Contracting Issues (Healthcare Financial Management Association Annual Meeting)

2010

  • Physician and Hospital Contracting Issues (Foulston Siefkin Kansas Health Law Institute)

2008

  • Kansas Health Care-Governmental - Risk Management and Insurance (Foulston Siefkin Kansas Health Law Basics Conference)
  • Breaking it Down: Governing and Operational Documents for Health Care Organizations (Foulston Siefkin Kansas Health Law Basics Conference)
  • Dealing with Subpoenas and Court Orders for Production of Records to Health Care Providers (Health Law Institute)

Hay

Hay