Robert M. Portman

Principal

Robert M. Portman is a principal in the law firm of Powers Pyles Sutter and Verville PC in Washington, DC.  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 for 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 (ASMAC) and the American Society of Association Executives.  He is currently serving as the President of ASMAC.  Mr. Portman served as a member of the ASAE Legal Section Council and Chair of the Association Law & Policy Committee from 2005-08.  He also recently served as the Chair of the DC Bar Nominations Committee and is a past Chair of the Council on Sections and the Health Law Section 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.  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.

News & Publications

• PPSV Presents "Are ACOs for You?" Webinar
• PPSV Hosts Physician Payment and Registries Webinars
• PPSV holds Healthcare Reform Webinars
• Federal Trade Commission (FTC) Delays Enforcement of Red Flags Rule until November 1, 2009
• PPSV adds Two New Partners and Three New Associates
• Protecting Related Charities in an Election Year
• Rob Portman and Bobby Silverstein author article on "The ADA Amendments Act of 2008: Practical Implications for Associations Today"
• The New Healthcare Reform Law's Impact on Physicians: Medicare, Medicaid and Related Physician Issues
• Trade Associations and Anticompetitive Conduct: Lessons From the NAMM Case
• DC Circuit Finds Government Properly Rejected Request to Disclose Medicare Payment Data
• Deadline Approaching for New Form 990 Governance Policies
• "Professional Liability Risk and Insurance Coverage for In-House Counsel," ASAE, Association Law & Policy (September 2008)
• 2012 PUBLICATIONS:
• “Protecting Related Charities in an Election Year,” (co-authored with D. Benson Tesdahl, JD), ASAE, The Center for Association Leadership, January 19, 2012
• 2011 PUBLICATIONS:
• “Supreme Court Overturns Vermont Prescriber Data-Mining Ban,” (co-authored with Katherine A. Demedis), Administrative Eyecare, Volume 20, Number 4, pages 22–24 (Fall 2011)
• “The ADA Amendments Act of 2008: Practical Implications for Associations Today,” (co-authored with Bobby Silverstein, JD), ASAE & The Center, Association Law & Policy, June 29, 2011
• “The Red Flags Rule: Controversy over Application to Physicians,” Journal of NeuroInterventional Surgery, Volume: 3, Issue: 2, May 2011
• “Managing Paper Records in the Transition to EHR,” (co-authored with Stephanie Cason, JD), Administrative Eyecare, Volume 20, Number 2, pages 26–27 (Spring 2011)
• “Legal Do’s and Don’ts in Regulating Workplace Conduct,” Administrative Eyecare, Volume 20, Number 1, pages 26–28 (Winter 2011)
• 2010 PUBLICATIONS:
• “Complying with FDA Medical Device Reporting Rules,” (co-authored with Christine A. Hughes, JD, MPH), Administrative Eyecare, Volume 19, Number 4, pages 22–24 (Fall 2010)
• “Get Smart About Intellectual Property,” (co-authored with Ben Tesdahl, JD), Administrative Eyecare, Volume 19, Number 3 pages 20–23 (Summer 2010)
• “Employee vs. Independent Contractor,” (co-authored with Ben Tesdahl, JD), Administrative Eyecare, Volume 19, Number 2, pages 24–25 (Spring 2010)
• “New HIPAA Rules Enhance Protection of Patient Privacy and Increase Stakes for Business Associates,” (co-authored with Elisabeth Doyle, JD), Administrative Eyecare, Volume 19, Number 1, pages 20–22 (Winter 2010)
• 2009 PUBLICATIONS:
• “Hospital Gainsharing Arrangements—Is Ophthalmology Next?,”( co-authored with Rebecca Burke, JD), Administrative Eyecare, Volume 18, Number 4, Pages 22-23 (Fall 2009)
• "Concierge Medicine," chapter (co-authored with Kate Romanow, JD), American Health Lawyers Association, 2009 Representing Physicians Handbook, Second Edition
• “Physician-Industry Relationships: The Heat Is On,” (co-authored with Johanna Michaels Kreisel, JD), Administrative Eyecare, Volume 18, Number 3, Pages 20-24 (Summer 2009)
• “The Legal Do’s and Don’ts of Interviewing,” (co-authored with Elisabeth Doyle, JD), Administrative Eyecare, Volume 18, Number 2, Pages 24-25 (Spring 2009)
• “The New ADA: What You Need to Know About Disability Rights And Accommodations,” Neurology Today, Volume 9, Issue 5, pages 20–21 (March 5, 2009)
• “Congress Passes ADA Amendments,” (co-authored with Elisabeth Doyle, JD), Administrative Eyecare, Volume 18, Number 1, Page 21 (Winter 2009)
• “Top 10 Legal Caveats for Physician Marketing,” Administrative Eyecare, Volume 18, Number 1, Pages 18-20 (Winter 2009)
• 2008 PUBLICATIONS:
• “Professional Liability Risk and Insurance Coverage for In-House Counsel,” (co-authored with Stephanie A. Cason, JD), ASAE & The Center, Association Law & Policy, September 2008
• "Justice Department Proposes ADA Rules for “Companions”,” (co-authored with Elisabeth Doyle, JD), Administrative Eyecare, Volume 17, Number 4, pages 20–22 (Fall 2008)
• "PAC: Packing for your PAC—The Nuts and Bolts," ASAE & The Center, Government Relations School, June 18-19, 2008
• “Is Your Website ADA-Compliant?,” Administrative Eyecare, Volume 17, Number 3, pages 34–35 (Summer 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)
• Quoted in “Open to Interpretation: Communicating with Hearing-Impaired Patients,” Neurology Today, Volume 7, Number 8, page 35 (April 17, 2008) by Gina Shaw
• “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)
• 2007 PUBLICATIONS:
• “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)
• “New Rules on Health Information Technology Transfers Provide Half a Loaf for Physicians,” Administrative Eyecare, Volume 16, Number 3, pages 45–49 (Summer 2007)
• "Off-Label Use Disclosure—An Important Step in Protecting Yourself, Your Patients, and Your Practice," IRNews, Volume 20, Number, (March/April 2007)
• “FTC Testifies on Contact Lens Rules, Enforcement Activity, and Limited-Distribution Policies,” Administrative Eyecare, Volume 16, Number 2, pages 49–52 (Spring 2007)
• “Exclusive Contracts: A Double-Edge Sword?,” Journal of the American College of Radiology (March 2007)
• "What You Need to Know About Your Fiduciary Duties and Liability Risks," ASAE & The Center, pages 70-71, January 2007
• “A Look at the Legalities: What You Need to Know About Your Fiduciary Duties and Liability Risks,” Associations Now (January 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)
• EARLIER PUBLICATIONS:
• “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)
• "1-800-CONTACTS is Calling: Are You Required to Answer?" Administrative Eyecare (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, Volume 14, Number 3, pages 46-52(Summer 2005)
• "Doctor Beware: Whistleblower Suit Against Ophthalmologist Sounds Alarm for Effective Compliance Plans," Administrative Eyecare (Spring 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)

Speaking Engagements

• “Concierge Medicine: Key Legal Considerations,” Strafford Publications, June 22, 2011
• "Governance," Association Law Online Conference, ASAE & The Center, June 15, 2011
• “Using Devices Off-Label, What Lawyers Know That You Should Know,” 9th SNIS Practicum and Inaugural International Endovascular Stroke Conference, June 5, 2011
• “Medical Data Registries,” (co-authored with Diane Millman, JD and Stephanie Cason, JD), PPSV Webinar, 2011
• “Complying with Federal Non-Discrimination Laws,” ASCRS/ASOA Annual Symposium, March 27-28, 2011
• “Health Care Reform on Trial: All Roads Lead to the Supreme Court,” National Health Council Leadership Conference, February 11, 2011
• "PAC: Packing for your PAC—The Nuts and Bolts," ASAE & The Center, Government Relations School, June 17-18, 2009
• “Ask the Experts!,” ASAE Annual Association Law Symposium, September 25, 2009
• “Medical Society Legal Audit: How to Avoid Legal Landmines,” AAMSE Annual Conference, July 22-25, 2009
• "ADA, HIPAA, and Other Rules on Interpreters/Translators Web Seminar CD,” ASOA, 2008-2009
• "Expert Witness Review Policies and Programs," ASMAC 2007 Interim & CLE Meeting, November 16, 2007
• "Clinical Registries: Protecting and Controlling the Data," ASA Clinical Registry Workshop, July 26, 2007
• “Off-Label Use of Drugs and Devices: Separating Fact from Fiction,” (co-authored with Kate Romanow, JD), ABA Physicians Legal Issues Conference in Chicago, IL (June 22, 2007)
• "Lobbying Rules for 501(c)(3) Entities," (with Ben Tesdahl, JD), NIHB/NCUIH Meeting, May 23, 2007
• "The Life Cycle of a CEO Transition," (with Ben Tesdahl, JD), NIHB/NCUIH Meeting, May 23, 2007

Professional Activities

• INDUSTRY ORGANIZATIONS
• American Society of Association Executives
• Chair, Association Law & Policy Committee, 2006-2008
• Member, Legal Section Council, 2005-2008
• American Society of Medical Association Counsel, Treasurer, 2009-Present
• 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
• Strategic Planning Committee, 2008-Present
• 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