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He is one of North Carolina’s most experienced healthcare transactions attorneys, having counseled clients in more than 40 hospital M&A deals, consolidations and restructurings. Tom has helped form some of the largest hospital systems in the state during his nearly 40-year career.
Tom Stukes is a partner in Womble Carlyle’s Healthcare Industry Team and represents hospital systems, academic medical centers and other health care providers, and provider networks, throughout the country.
Tom has handled more than 40 hospital and medical center acquisitions, sales, mergers, consolidations, conversions and restructurings of public, nonprofit and for-profit clients and has been instrumental in the formation of a number of the largest hospital systems in North Carolina.
Academic medical centers across the country have consulted with Tom about financial transactions and arrangements, compliance with government regulations, and reimbursement issues.
Health care providers have engaged Tom to form numerous joint ventures among hospitals, physicians and other health care providers, including imaging centers, ambulatory surgical centers, managed care networks, home health agencies and technology companies. One of the largest hospital companies in the country has consulted Tom on the development of innovative joint ventures.
Tom represents an accountable care organization that was one of the first ACOs approved by the Centers of Medicare and Medicaid Services under its Medicare shared savings program.
Hospitals, health care systems and other health care providers regularly consult with Tom in connection with state and federal healthcare regulatory matters. These include regulatory compliance; government investigations; voluntary disclosures under the CMS and OIG self disclosure protocols involving potential violations of the Stark Law and the Medicare Fraud and Abuse Anti-kickback Statute; and Medicare and Medicaid MAC and RAC repayment audits and voluntary repayments. He has participated in the defense of numerous qui tam (whistleblower) cases involving Medicare and Medicaid. These engagements have involved hundreds of millions of dollars of government program reimbursements. In 2006, he was involved in representing a number of leading North Carolina hospitals in a $400 million dispute with the federal government over Medicaid DSH payments and recently represented a client in the largest settlement to date under the CMS self disclosure protocol under the Stark Law.
The North Carolina Hospital Association and the North Carolina Medical Society presented Tom with the pen that Governor James B. Hunt, Jr. used to sign into the law health care legislation which enabled the development of risk based provider sponsored health plans in North Carolina.
Hospital Medical Resident FICA
Continuing Care Retirement Communities
Government Investigations & White Collar Criminal Defense
Partner, Smith Moore, LLP, Greensboro, NC, March 2002 – August 2003
Partner, Smith Helms Mulliss & Moore, LLP, January 1986 – March 2002
Partner, Smith Moore Smith Schell & Hunter, December 1980 – January 1986
Associate, Smith Moore Smith Schell & Hunter, August 1974 – December 1980