Emily Studebaker focuses her practice on healthcare, counseling physicians and physician groups on a variety of legal matters, including regulatory compliance, business transactions and litigation of business disputes.
In the area of regulatory compliance, Ms. Studebaker counsels physicians on compliance with federal and state fraud and abuse laws, including the federal Anti-Kickback Statute and its safe harbors, the Stark Law and its exceptions, and related state self-referral laws. She also assists physicians in preparing and implementing corporate compliance plans designed to satisfy the requirements of the Federal Sentencing Guidelines and Office of Inspector General Guidelines.
In 2006, Ms. Studebaker prepared the brief amicus curiae to the Washington Supreme Court on behalf of the Washington Academy of Eye Physicians and Surgeons and the American Academy of Ophthalmology in Wright v. Jeckle, 158 Wn.2d 375 (2006), which involved claims asserted under Washington’s Anti-Rebating Statute. Ms. Studebaker evaluates and assists physicians to structure transactions to properly avoid or comply with Certificate of Need review and assists physicians in structuring and negotiating Certificate of Need applications.
Ms. Studebaker works with several medical specialty societies and currently serves as general counsel to the Washington Ambulatory Surgery Center Association and the Oregon Ambulatory Surgery Center Association.
Professional Activities
- Member, American Health Lawyers Association
- Member, American Bar Association
- Member, Washington State Bar Association
Publications
- "Medicare Conditions for Coverage and the New Infection Control Requirements for ASCs," Washington Ambulatory Surgery Center Association, July 26, 2010.
- "Medicare Conditions for Coverage and the New Governing Body and Management Requirements for ASCs," Washington Ambulatory Surgery Center Association, July 19, 2010.
- "Medicare Conditions for Coverage and the New Quality Assessment and Performance Improvement Requirements for ASCs," Washington Ambulatory Surgery Center Association, July 12, 2010.
- "Medical Quality Assurance Commission Adopts New Office-Based Surgery Rules," Washington Ambulatory Surgery Center Association Legal Alert, June 22, 2010.
- "CMS Announces Waiver of Waiting Area Requirements for Certain ASCs," Washington Ambulatory Surgery Center Association Legal Alert, May 27, 2010.
- "New Developments Regarding Ancillary Services," Garvey Schubert Barer Legal Update, May 5, 2010.
- "The Washington Supreme Court issues a decision in Columbia Physical Therapy, Inc., P.S. v. Benton Franklin Orthopedic Associates, P.L.L.C., et al.," Garvey Schubert Barer Legal Update, March, 26, 2010.
- "Ambulatory Surgical Facility Licensure Requirements and the Meaning of 'General Anesthesia'," Washington Ambulatory Surgery Center Association Focus, Winter 2010.
- "MQAC Proposed New Rules Regarding Analgesia and Anesthesia Administration in Office-Base Surgical Settings," Washington Ambulatory Surgery Center Association Focus, Winter 2010.
- "Crosswalk of Medicare Conditions for Coverage for Ambulatory Surgical Centers and Washington State Licensure Requirements for Ambulatory Surgical Facilities," Washington Ambulatory Surgery Center Association, January 29, 2010.
- "Medical Quality Assurance Commission to Adopt New Office-Based Surgery Rules," Washington Ambulatory Surgery Center Association Legal Alert, October 27, 2009.
- "DeBartolo v. HealthSouth Corporation, et al.: Federal Court Rules Surgeon’s Suit against ASC for Enforcing One-Third Test a Decision for State Court ," Oregon Ambulatory Surgery Center Association Legal Alert, September 9, 2009
- "Stark II Phase III Final Rule: The Significance of 'Standing in the Shoes' of Your Practice," Washington State Medical Association Reports, November/December 2007.
- "Amendments to Washington's Adverse Health Events and Incident Reporting System under Engrossed Substitute House Bill 1414," Washington Ambulatory Surgery Center Association Membership Update, August 2007.
- "New Licensure Requirements for Ambulatory Surgery Centers in Washington," Washington Ambulatory Surgery Center Association Membership Update, June 2007.
- "New Legislation Requires Licensure of Ambulatory Surgery Centers," Washington Academy of Eye Physicians and Surgeons Newsletter, Spring 2007.
- "New Exceptions Under the Stark Law: Electronic Prescribing and Electronic Health Record Systems," Washington State Medical Association Reports, February 2007.





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