Articles

Gavin J. Gadberry

Shareholder

Underwood, Wilson, Berry, Stein, and Johnson, P.C.
500 S. Taylor, Suite 1200
Amarillo, TX 79101
(806) 379-0329
(806) 349-9476 fax
Gavin.Gadberry@uwlaw.com

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Mr. Gadberry has been a speaker on numerous occasions at American Health Lawyers Association's Annual Long Term Care and the Law Seminar. He is a contributing author to the Long Term Care Handbook: Regulatory, Operational and Financial Guide Post, Second Edition. Texas Lawyer, Vol 17 No. 27 (September 10, 2001), spotlighted Mr. Gadberry as one of 40 up-and-comers under 40 in its "40 Under 40" special publication. Mr. Gadberry received The Chair's Award at the 2004 Texas Health Care Association Convention for his efforts on tort reform in 2003. He currently serves as general counsel of and issue lobbyist for the Texas Health Care Association. Mr. Gadberry's primary areas of practice are government relations, long term care and healthcare law, administrative and regulatory law and general civil litigation.

Practice Concentration and Experience

• Health Care
• Administrative Law
• Business Law
• General Counsel to and issue lobbyist for the Texas Health Care Association
• Formation of a multi-state long term care management company
• Serving as Special Regulatory Counsel for multi-facility health care providers in reorganization bankruptcy cases
• Successfully represented a long term care provider in a "substantial evidence" appeal to the Austin Court of Appeals; Park Haven, Inc. d/b/a Park Haven Healthcare Center v. Texas Department of Human Services, 80 S.W.3d 211 (Tex. App. - Austin 2002, no pet.).
• Representing health care providers before the Centers for Medicare and Medicaid Services, involving Medicare civil money penalties and other certification remedies
• Representing health care providers before the Texas Department of Human Services and the State Office of Administrative Hearings with regard to administrative penalties and other licensure matters
• Negotiation of Medicaid bed intra-county transfers
• Representation of long term care providers in sale and lease-backs, acquisitions, and corporate formation
• Representation of a regional corporation in the sale of a portion of its service contracts
• Assisting clients with corporate compliance and HIPAA Privacy Rules related to long term care
• Participated in negotiated rule making before state agencies

Activities and Affiliations

• Admitted to the State Bar of Texas by the Supreme Court of Texas, 1989
• Admitted to practice in the Northern and Western Districts of Texas
• Admitted to practice in the United States Court of Appeals, Fifth Circuit
• Life Fellow, Texas Bar Association
• Member, Amarillo Bar Association
• Member, American Health Lawyers Association
• Chair, American Health Care Association Legal Subcommittee
• 2004 Chair's Award, Texas Health Care Association
• Named to Texas Lawyer, Vol. 17, No. 27 (September 10, 2001) "40 Under 40" special publication

Publications and Presentations

• "Corporate Responsibility," presented at the American Health Care Association Independent Owners and Not for Profit Conference, March 2008
• "Introduction to Long Term Care: The Continuum of Care," presented at the American Health Lawyers Association Long Term Care and the Law Conference, February 2008
• "Labor Relations: Non-Union Employer Strategies," presented at the THCA Convention - Independent Owners/Multi-Facility Meeting, 25 October 2007
• "Corporate Responsibility: A Non-Profit Board's Guide to Healthcare Quality," presented at the AHCA, NCAL, MECF 58th Annual Convention and Exposition, 8 October 2007
• "80th Legislative Session and Beyond," presented at the THCA Summer Meeting, 15 July 2007
• "Defensive Documentation," presented with Jodi Maner at the Kings Manor Nursing Home, Hereford TX, 27 June 2007
• "Recent Legal Developments in the Long Term Care Spectrum," presented at the AHLA Annual Meeting, June 2007
• "Informal Dispute Resolution: To Proceed or Not To Proceed," presented to the OAHCP Caring for Oklahoma's History, May 2007
• "New Guidelines for Investigating Reports of Neglect and Abuse in Nursing Facilities" presented to the Texas Health Care Association Region One, 9 January 2007
• "Saddle Up for the 140-Day Rodeo; The Texas Legislature is Headed Back to Town" presented at the THCA/AHCA/NCAL Convention, San Antonio, 7 October 2006
• "Investigation of Nursing Facility Incidents" presented at the TriSun Administrator's Meeting, Austin, 24 August 2006
• "Common Legal Issues for Assisted Living and Nursing Facilities" presented at the 8th Annual Assisted Living and LTC Symposium, Austin, 26 April 2006
• "Legal Update for Medical Directors in Skilled Nursing Facilities" presented at the Skilled Healthcare Medical Directors Conference, Dallas, 22 April 2006
• "What Association Counsel Need to Know but Were Afraid to Ask" presented at AHLA Long Term Care and the Law, Dallas, 15 February 2006
• "Status on TILE Issues" presented at the THCA Independent Owner's Meeting, Austin, 17 January 2006
• "The Legislative Process in Texas: How a Bill Becomes a Law," presentation to the Texas Panhandle Paralegal Association, Amarillo TX, November 2005.
• Co-presenter, "Arbitrating the NH/ALF Claim: Compelling Arbitration, Defending the Arbitration Agreement against Collateral Attack and Successfully Arbitrating the Claim to Decision," Nursing Home/ALF Litigation Seminar, San Francisco, September 2005
• Co-author, "A Guide to Life-Limiting Conditions," Health Lawyers News, June 2005
• "Legal Issues In Addressing Life-Limiting Conditions" presented at the Long Term Care and The Law Seminar, San Diego, 23 February 2005
• "A Practical Look at Addressing Common Legal Issues," presented at the American Health Care Association Independent Owner's Conference, Pointe Vedra Beach FL, 14 February 2005
• Author of Provider Appeals in the American Health Lawyers Association Long Term Care Handbook, Second Edition
• "Legal Update: Legal Ethics for Long Term Care Attorneys," presented at the American Health Lawyers Association Long Term Care and Law Seminar, 2003
• "Case Law Update," presented at the American Health Lawyers Association Long Term Care and Law Seminar, 2002
• "Case Law Update," presented at the American Health Lawyers Association Long Term Care and Law Seminar, 2001
• "Legal Update: Legal Ethics for Long Term Care Attorneys," presented at the American Health Lawyers Association Long Term Care and Law Seminar, 2000
• "State Certification and Licensing Appeals," presented at the American Health Lawyers Association Long Term Care and Law Seminar, 1998
• "Strategic Issues in Representing Clients in Enforcement Process," presented at the American Health Lawyers Association Long Term Care and Law Seminar, 1997

Education

• J.D. University of Oklahoma, 1989
• Phi Delta Phi scholastic honorary fraternity
• B.S. Northwestern Oklahoma State University, 1986