Pat Souter

Pat is known for his legal and educational experience in the healthcare industry, making him a sought-after resource for clients and students alike. His primary areas of practice are related to Transactional and Administrative Healthcare, Corporate, Securities, and Antitrust matters. 

He is also a Professor of Healthcare Studies at Baylor University School of Law where he oversees the healthcare law program and teaches Healthcare Law, Healthcare Fraud and Abuse and Regulation of Healthcare Professionals. Pat is also involved with the Robbins Institute for Health Policy and Leadership at the Baylor University Hankamer School of Business where he teaches Healthcare Law and Ethics in its M.B.A. in Healthcare Administration Program and Executive M.B.A. Program.

He is Board Certified in Healthcare Law by the Texas Board of Legal Specialization and has completed the training by the American Health Lawyers Association as a Mediator and Arbitrator.

Representative Experience

Transactional Health Care Matters

• Successfully represented a client in the financing and acquisition of 6 Freestanding Emergency Departments (“FSEDs”) located throughout the State of Texas from a Federal Bankruptcy Court proceeding for $9,970,000.
• Successfully represented a client in the sale of 80 percent of its radiation therapy centers located in Texas, Oklahoma, Arkansas, and Missouri to a newly created joint venture entity co-owned with a national company for $52,000,000 and a development arrangement with the joint venture valued at $600,000 per year.
• Successfully represented a client in the financing and acquisition of an acute care hospital with Critical Access Hospital designation and adjoining Medical Office Building.  The hospital is the sole hospital located in the North Central Texas county where it is located.
• Participated in the organization, funding, merger and acquisition, and ongoing representation of Physician practices, Section 162.001(b) Non-Profit Health Organizations certified by the Texas Medical Board (commonly known as "5.01(a) entities"), hospitals, Management Services Organizations (MSO), and health care provider networks such as Medicare Shared Savings Program Accountable Care Organizations (ACO), Independent Practice Associations (IPA) and Integrated Health Systems (IHS)
• Representation of hospitals, free-standing emergency rooms, and urgent care centers
• Representation of entities offering home health, durable medical equipment, prosthetics, hospice, and assisted living services, including various operational, merger and acquisition issues encountered by such entities
• Representation of ancillary service providers, such as laboratories, pharmacies, radiology and imaging centers, and entities offering diagnostic services, physical therapy, and rehabilitation services
• Representation of air and ground ambulance companies including various operational, merger and acquisition issues
• Representation of hearing equipment manufacturers, hearing centers, Audiologists, and Audiology management and network entities

Administrative Health Care Matters

• Represented Health Care providers before a variety of state licensure entities, such as:
  • Texas Medical Board
  • Texas State Board of Nursing
  • Texas State Board of Social Workers
  • Oklahoma Board of Medical Licensure and Supervision
  • Louisiana State Board of Medical Examiners
  • California Speech-Language Pathology and Hearing Aid Dispensers Board
• Represented healthcare providers in a variety of administrative matters, including:
  • Medicare and Medicaid Appeals
  • Medicare and Medicaid reimbursement issues
  • Administrative and appeal actions with the Texas Department of Insurance and third-party insurance payers
• Representation of physicians in peer review actions with hospital and managed care entities
• Representation of healthcare providers in whistleblower "qui tam" actions

Corporate and Securities Matters

• Incorporated, advised, and obtained financing for both healthcare and non-healthcare business entities and preparation of all organizational, operational, and securities documents as each relates to operational concerns including mergers and acquisitions
• Primary attorney on numerous public and private offerings of securities for various business entities including ambulatory surgery centers, pharmaceutical companies, and imaging centers.
• Representation of investment advisors and broker-dealers.

Healthcare Antitrust and Related Business Concerns

• Advised numerous companies on antitrust concerns related to operational, merger and acquisition concerns.
• Responsible attorney on federal and state investigations related to antitrust and business practice issues.
• Participated in the successful request for a Business Review Letter from the U.S. Department of Justice - Antitrust Division for a Group Health Care Purchasing Association.

Transactional Non-Health Care Matters

• Successfully represented a client in the financing and acquisition of a well-established 7-location restaurant chain located in Illinois for $16,060,000.
• Successfully served as co-counsel in representation of the sale of a company that manufactures and installs custom-made sub-surface and surface materials for athletic department’s use for its sports facilities throughout the United States.

Recent Significant Published Court Decisions

• Pat has successfully defended a medical management company in a legal dispute over a mutual mistake as to the property description and the amount of land conveyed at the time of closing. The land in question was used to build a medical office building to house the primary pediatric practice for a five-county area in rural East Texas. In Gilbard-Smith v. Perry, 323 S.W.3d 709, the Dallas Court of Appeals reversed the trial court's decision in favor of the previous landowner and rendered judgment in favor of Gray Reed's client.
• From a corporate securities perspective, Pat successfully defended an international financial consultancy entity against claims it tortiously interfered with a business relationship between another financial consultant and its client. In Greentree Financial Group, Inc. v. Long Fortune Valley Tourism, et al, 824 F. Supp. 2d 1363, the U.S. District Court for the Southern District of Florida granted Defendant's Motion to Dismiss Amended Complaint stating Plaintiff had failed to allege sufficient facts for it to maintain the lawsuit against Gray Reed's client. The other Defendants settled prior to the Court rendering its decision.

Published Books

• Co-author, Physician Law Evolving Trends and Hot Topics 2019, American Bar Association publication, Chapter 7: "Doctors’ Defense in Medical Staff Hearings and Appeals: An Overview for Attorneys and their Physician Clients"
• Co-author, Your Healthcare, Edited by Valentin Antoci and Adam M. Eltorai, Rutgers University Press, Chapter 18.1 “Verbal Consent Equals Written Consent”; Chapter 18.4 “Emergent/Urgent Consent” and Chapter 18.5 “Battery in a Healthcare Setting” (anticipated publishing date the later part of 2018)
• Co-author, What is ... Medical Staff Peer Review?, American Bar Association publication 
• Co-author, Physician Law Evolving Trends and Hot Topics 2018, American Bar Association publication, Chapter 7: "Doctors’ Defense in Medical Staff Hearings and Appeals:  An Overview for Attorneys and their Physician Clients"
• Co-author, Physician Law Evolving Trends and Hot Topics 2017, American Bar Association publication, Chapter 7: "Doctors’ Defense in Medical Staff Hearings and Appeals:  An Overview for Attorneys and their Physician Clients"
• Co-author, Representing Physicians, 4th Ed., American Health Lawyer Association publication, Chapter 24: "Structuring Physician In-Office Drug Dispensing and Compounding Arrangements"

Professional Activities, Memberships & Affiliations

• American Health Lawyers Association
  • Physician Organization Practice Group
    • Vice Chair of Publications (2018 - 2019) 
    • Social Media Coordinator (2017 - 2018)
    • Leadership Development Program (2014 - 2015)
• State Associations Council Working Group
• Fraud and Abuse Practice Group
• Medical Staff Credentialing and Peer Review Practice Group
• Business Law and Governance Practice Group
• Mentor/Mentee Program
• 2015 - 2016 Honor Roll of Public Interest Donors - Patron Annual Giving Club
• Texas Health Lawyers Association
  • Board of Directors (2015 - Present)
  • President (2017)
  • Treasurer (2016)
  • Secretary (2015)
• Dallas Bar Association

Bar Admission

• Texas

Court Admissions

• United States Court of Appeals, Fifth Circuit
• United States Tax Court
• United States District Court, Northern District of Texas
• United States District Court, Eastern District of Texas