Robert M. Portman

Principal

Robert M. Portman joined Powers Pyles Sutter and Verville PC in  2007, having previously practiced for many years at Jenner & Block.  Mr. Portman concentrates his practice in health and association law, focusing on certification law, administrative law, antitrust law, litigation, transactions, election and lobbying law, and legislation and regulation in the health care field.  He represents a wide range of non-profit health care organizations including a large number of national professional societies, trade associations, other health care associations, voluntary health organizations and certification bodies, as well as numerous individual physicians, physician practice groups and other health care providers.

Mr. Portman counsels his professional society, health care association, voluntary health organization and certification body clients on the full spectrum of legal issues facing these entities, including:

• Transactions, mergers and corporate restructuring
• Creation of nonprofit and for-profit affiliates
• Executive contracts and compensation issues
• Bylaws drafting and review and other governance issues
• Antitrust, tax and intellectual property
• Internet and e-commerce
• Consultant, vendor, and hotel and convention center contracts
• Americans with Disabilities Act compliance
• Drafting and interpreting ethics and standard-setting policies and procedures, appeals and disciplinary procedures, and confidentiality, record keeping and other policies
• Personnel and other human resource issues

Mr. Portman also represents these clients in legislative and regulatory matters, including legislative drafting and analysis, the filing of comments on administrative rulemakings before the Centers for Medicare and Medicaid Services, the Federal Trade Commission, the Food and Drug Administration, and other federal agencies.  In addition, Mr. Portman represents association and certification clients in litigation against federal and state governments, as well as private parties.  He regularly files amicus curiae briefs in the United States Supreme Court and other federal and state appellate courts in matters involving significant health care policy issues.

Mr. Portman also advises professional societies, trade associations, and corporations on various lobbying and election law issues, including compliance with FEC and IRS rules and regulations governing lobbying registration and reporting, establishment and operation of political action committees, independent expenditures, and corporate communications.

Mr. Portman advises physicians, practice groups and other health care providers on a variety of issues, including:

• Counseling with respect to HIPAA patient privacy rules
• Fraud and abuse investigations defense and compliance counseling
• Stark II self-referral and Medicare-Medicaid anti-kickback counseling
• Transactions with hospitals, other medical groups, individual physicians and vendors of medical equipment and supplies
• Practice sales and acquisitions
• Advice and counseling with respect to employment, independent contractor and managed care agreements
• Antitrust litigation and counseling
• Counseling and defense of litigation involving EMTALA
• State licensure and disciplinary matters
• Credentialing and privileges disputes with hospitals and managed care organizations
• Medical staff bylaws disputes

Mr. Portman has had two tours of duty in the government.  He served as Special Assistant and Deputy Assistant Secretary for Work and Technology Policy to Secretary of Labor Robert B. Reich from 1993-95.  He also served as the Secretary's principal representative to the President's Task Force on Health Care Reform.  From 1989-91, Mr. Portman was Executive Officer of the Cook County State's Attorney's Office in Chicago, where, among other things, he directed the States Attorney's Task Force on the Forgoing of Life-Sustaining Treatment. 

Mr. Portman is an active member of the health law sections of the American Bar Association and the District of Columbia Bar Association, the American Health Lawyers Association, the American Society of Medical Association Counsel and the American Society of Association Executives.  Mr. Portman is currently serving as a member of the ASAE Legal Section Council and Chair of the Association Law & Policy Committee.  He is currently serving as the Chair of the DC Bar Nominations Committee and is a past Chair of the Council on Sections for the District of Columbia Bar.  He has lectured and written numerous articles on health care, association and certification legal issues.

Mr. Portman received his BA, summa cum laude and Phi Beta Kappa, from Northwestern University in 1980, where he was also on the Dean’s List.  He received his JD, magna cum laude, from Harvard University in 1985.  He also earned a masters in public policy from Harvard’s Kennedy School of Government in 1985 and was a visiting student at Yale Law School in 1984-85, where he was a finalist in the school’s Thurmond Arnold Moot Court Competition.  Mr. Portman served in the first class of clerks for the Honorable Mark L. Wolf, United States District Court for the District of Massachusetts, in 1985-86.  He is a member of the bar of the United States Supreme Court, the Illinois and District of Columbia Bars and the bars of numerous federal courts.

Powers Pyles Sutter & Verville, PC is a Washington, DC-based law firm that focuses on health care, education and the law of tax-exempt organizations. 

News & Publications

• PPSV adds Two New Partners and Three New Associates
• Rob Portman joins PPSV
• "Concierge Medicine: Legal Issues, Ethical Dilemmas, and Policy Challenges," AHLA Journal of Health & Life Sciences Law, Volume 1, Number 3, pages 1-38 (April 2008)
• OIG Blesses Payments for On-Call Coverage, Nixes Addition of Optometrists to Hospital/Surgeon ASC,” Administrative Eyecare, Volume 17, Number 2, pages 22-23 (Spring 2008)
• "Concierge Medicine: Legal Issues, Ethical Dilemmas, and Policy Challenges," (co-authored with Kate Romanow, JD) AHLA Journal of Health & Life Sciences Law, Volume 1, Number 3, pages 1-38 (April 2008)
• “OIG Blesses Payments for On-Call Coverage, Nixes Addition of Optometrists to Hospital/Surgeon ASC,” (co-authored with Kate Romanow, JD) Administrative Eyecare, Volume 17, Number 2, pages 22-23 (Spring 2008)
• “Proposed Settlement with Blues Plans Provides Physicians with Compensation and New Rights,” Administrative Eyecare, Volume 3, Number 1, pages 24-25 (Winter 2008)
• “Exclusive Contracts: A Double-Edge Sword?,” Journal of the American College of Radiology (March 2007)
• “Federal Court Upholds Exclusion of Optometrists from Managed Care Health Plans,” (with Sandi J. Toll, JD) Administrative Eyecare, Volume 16, Number 1, pages 39–43 (Winter 2007)
• “CMS Proposes Significant Changes to Medicare Reassignment and Stark II Regulations,” (with Kate Romanow, JD) Administrative Eyecare, Volume 16, Number 4, pages 39–41 (Fall 2007)
• “A Look at the Legalities: What You Need to Know About Your Fiduciary Duties and Liability Risks,” Associations Now (January 2007)
• “Medicare Participation: Know Your Options,” Administrative Eyecare, Volume 15, Number 4, pages 49–52 (Fall 2006)
• “FDA Regulation of the Practice of Medicine,” Administrative Eyecare, Volume 15, Number 3, pages 41–45 (Summer 2006)
• “FTC Guidance on Fairness to Contact Lens Consumers Act,” Administrative Eyecare, Volume 15, Number 2, pages 41–44 (Spring 2006)
• “CMS Issues Ruling and Guidance in Presbyopia-Correcting IOLs,” Administrative Eyecare, Volume 15, Number 1, pages 41–45 (Winter 2006)
• “Pay for Performance: The Next Big Thing in Physician Reimbursement?,” (with Zachary D. Tripp) IR News (Winter 2005)
• "Federal Trade Commission Has Its Eye on LASIK Advertising," (with Theresa A. Chmara, JD) Administrative Eyecare (Fall 2005)
• "A Matter of Interpretation 2: HIPAA and Title VI Rules for Interpreters and Translators," Administrative Eyecare (Summer 2005)
• "Doctor Beware: Whistleblower Suit Against Ophthalmologist Sounds Alarm for Effective Compliance Plans," Administrative Eyecare (Spring 2005)
• "1-800-CONTACTS is Calling: Are You Required to Answer?" Administrative Eyecare (Winter 2005)
• "Final Rule on Fairness to Contact Lens Consumers Act: The FTC Giveth and Taketh Away," (with Nancey McCann) Administrative Eyecare (Fall 2004)
• "CMS Issues Stark II Phase II Final Rules," Administrative Eyecare (Summer 2004)
• "A Matter of Interpretation: What the ADA Does and Does Not Require for Communicating with Hearing-Impaired Patients," Administrative Eyecare (Spring 2004)
• "To Indemnify or Not to Indemnify a Practice Administrator?," (with Darren M. Mungerson, J.D.) Administrative Eyecare (Winter 2004)
• "Concierge Care: Back to the Future of Medicine?," ABA Health Lawyer, Vol. 15, No. 5 (August 2003)
• "Concierge Care: Back to the Future of Medicine?," Administrative Eyecare (Fall 2003)
• "FTC Takes Issue with LASIK Eye Surgery Advertising," (with Theresa A. Chmara, J.D.) Administrative Eyecare (Summer 2003)
• "Debunking Myths About Physician Unions," Administrative Eyecare (Spring 2003)
• "Professional Courtesy: Illegal Fraud or Innocent Favor?," Administrative Eyecare (Winter 2003)
• "PhRMA Adopts New Voluntary Ethics Code on Gifts to Physicians and Other Interactions with Health Care Professionals," Administrative Eyecare (Fall 2002)
• "Regulatory Update: The HIPAA Privacy Rule," IR News (July/August 2002)
• "Park Your ASC Joint Venture in This Safe Harbor," Administrative Eyecare (Summer 2002)
• "Contesting & Appealing Medicare Claims," SCVIR News (March/April 2002)
• "Industry Insight Health Care: Regulatory Trifecta -- The New HIPAA Rules Coming Next Year," The Daily Deal (March 5, 2002)
• "Co-Management Liability Risks," Administrative Eyecare (Spring 2002)
• "Reimbursement for Experimental and Off-Label Procedures," SCVIR News (January/February 2002)
• "Professional Courtesy: Illegal Fraud or Innocent Favor?", Administrative Eyecare, (Winter 2002)
• "OIG Blesses Joint-Venture Ambulatory Surgical Centers," Administrative Eyecare (Winter 2002)
• "Your Fiduciary Responsibilities: Minimizing Liability Risk by Knowing Your Legal Duties," Association Management (January 2002)
• "Limiting Your Liability," ASAE Online, Professional Development Forum (December 2001)
• "Contracting with Managed Care and Other Insurers" Party II -- Key Contract Terms," SCVIR News (November/December 2001)
• "Contracting with Managed Care and Other Insurers: Part I -- Tips for Negotiating Insurance Provider Agreements," SCVIR News (July/August 2001)
• "Phase I of Final Stark II Rules: Questions and Answers," Administrative EyeCare (Fall 2001)
• "HHS Issues Long-Overdue Patient Privacy Rules," Administrative EyeCare (Summer 2001)
• "Doing Business on the World Wide Web: Legal Minefields," Eyeworld (May 2001)
• "Legal Limits on Extending Credit to Patients," Administrative EyeCare (Spring 2001)
• "California Court Exonerates Blood Bank Association From Liability for Good Faith Standard Setting-Contrary Decision in Snyder Rejected," ASAE, Association Law & Policy (February 1, 2001)
• "HHS Issues Phase I of Final Stark Rules," AAO-HNS Bulletin (February 2001)
• "Exclusive Contracts Part I -- Be Careful What You Wish For," SCVIR News (January/February 2001)
• "Surfing a Tangled Web -- Doing Business on the World Wide Web: Legal Minefields," Administrative EyeCare (Winter 2001)
• "Getting Back to Basics: The Essentials of Informed Consent," SCVIR News (September/October 2000)
• "Ten Ways to Limit Legal Risk in Running Certification Programs," ASAE Professional Development Program (August 2000)
• "Developments: Court Sides with Association on First Amendment Claim," ASAE Online, Professional Interest Section (July 1, 2000)
• "Recent Development in Enforcement of Medicare Contractor Compliancs," Health Care Fraud & Abuse Newsletter (June 2000)
• "Office of Inspector General Issues Controversial Fraud Alert," Administrative EyeCare (Summer 2000)
• "Marketing Refractive Surgery: Doctor Beware," Legal Issues Administrative EyeCare (Spring 2000)
• "California Court Exonerates Blook Bank Association From Liability for Good Faith Standard Setting -- Contrary Decision in Snyder Rejected," Association Law & Policy (January 2000)

Speaking Engagements

• Dialogue with the FDA--The FDA's Role in Your Practice, April 8, 2008 (ASCRS/ASOA 2008 Symposium and Congress Special Events)
• Stark II and Antikickback Laws: New Developments and Hot Topics for Ophthalmology Practices, April 6, 2008 (ASCRS/ASOA 2008 Symposium and Congress Special Events)
• Contracting 101: Key Terms and Legal Issues in Medical Group Agreements, April 6, 2008(ASCRS/ASOA 2008 Symposium and Congress Special Events)
• Contracting 101: Key Terms and Legal Issues in Medical Group Agreements, December 27, 2007 (ASOA Annual Meeting)
• Stark II and Antikickback Laws: News Developments and Hot Topics for Ophthalmology Practices, December 27, 2007 (ASOA Annual Meeting)
• Expert Witness Review Policies and Programs, November 16, 2007 (ASMAC 2007 Interim & CLE Meeting, Princeville, HI)
• Lobbying Rules for 501(c)(3) Entities, (with Ben Tesdahl) May 23, 2007 (National Indian Health Board)

Professional Activities

• Industry Organizations
• American Society of Association Executives
• Chair, Association Law & Policy Committee
• Member, Legal Section Council
• American Society of Medical Association Counsel
• Service To The Bar
• American Bar Association - Section on Health Law
• Member, ABA Physician Law Conference Planning Committee
• American Health Lawyers Association
• District of Columbia Bar Association
• Chair, DC Bar Nominating Committee, 2007-08
• Chair, DC Bar Council of Sections, 2005-06
• Vice-Chair, DC Bar Council of Sections, 2004-05
• Chair, Steering Committee, DC Bar Health Law Section, 2002-05
• Coordinator, Community Outreach Committee, DC Bar Health Law Section, 1999-2002
• Community
• Everybody Wins! in DC Volunteer Mentor, 2002-Present
• Montgomery Youth Hockey Association Coach, 2000-Present