John advises hospitals, physicians and other health care providers on compliance, contracting, joint ventures, recruiting, acquisitions and other matters. John blends an operational understanding of the health care industry with the technical elements of health law practice and is a frequent lecturer on compliance issues such as tax-exempt health care entities, Stark, fraud and abuse, and EMTALA. Outside the health care area, John assists clients with business organization structures and complex financings.
Prior to joining the firm, John served as law clerk (1980-1981) to the Honorable Robert E. Varner of the U. S. District Court, Middle District of Alabama; adjunct Professor in Taxation, Jones School of Law (1985-1989); and general counsel for a large medical center (1981-1983). Outside the office, John is an avid fly fisherman, an elder in his church and has served his denomination in numerous capacities.
Experience >
John has over 30 years of experience in representing health care clients, advising them on numerous issues including:
- Structuring and implementing various providers including ambulatory surgery centers, diagnostic centers, rural health clinics, federally qualified health centers, urgent care centers, oncology centers and physician practices
- Handling a wide variety of provider compliance issues, including seeking OIG advisory opinions and self- disclosures under the OIG and Stark self-disclosure protocols
- Assisting hospitals with EMTALA and conditions of participation deficiencies, corrective action plans and responses
- Assisting hospitals with structure and implementation of physician recruitment, physician employment and physician contracting arrangements
- Structuring and implementing various joint venture arrangements between hospitals, physicians and others
John also has extensive experience structuring corporate, limited liability company and partnership arrangements for health care providers, real estate developers and other clients assisting with choice of entity and complex financing matters.
Memberships and Affiliations >
- American Bar Association (Member, Section on Taxation, Section of Real Property, Probate and Trust Law, Section of Business Law, and Health Law Section)
- American Health Lawyers Association
- National Association of Bond Lawyers
Education >
- B.A., Presbyterian College, 1977
- J.D., University of Alabama, 1980
- LL.M. in Taxation, New York University, 1985
Accolades >
- The Best Lawyers in America©, Health Care Law
- The Best Lawyers in America©, Lawyer of the Year, Health Care Law, Montgomery, Alabama
- AV-Preeminent rating by Martindale Hubbell
Presentations and Publications >
- Health Law Update for Hospitals", Gilpin Givhan, PC and Alabama Hospital Association, 2023
- Health Law Update for Hospitals", Gilpin Givhan, PC and Alabama Hospital Association, 2022
- "Fiduciary Duties of Hospital Directors - Conflicts of Interest," Gilpin Givhan, PC, 2021
- "Health Law Update for Hospitals", Gilpin Givhan, PC and Alabama Hospital Association, 2021
- "EMTALA In Action: Beyond Medical Screening Exams for Emergency Medical Conditions," Gilpin Givhan, PC, 2020
- "Health Law Update for Hosptials," Gilpin Givhan, PC and Alabama Hospital Association, 2020
- "Hospital Health Law Update," Gilpin Givhan, PC and Alabama Hospital Association 2019
- "OIG/DOJ Year in Review (Not them again . . .)," 2019 Alabama Audit Summit, Healthcare Financial Management Association and Alabama Hospital Association
- "EMTALA in the Real World - Beyond Medical Screening Exams for Emergency Medical Conditions," Alabama Hospital Association Regional Councils, 2018-2019
- "Hospital Health Law Update," Gilpin Givhan, PC and Alabama Hospital Association 2018
- "OIG/DOJ Year in Review (The Good, the Bad, and the Ugly)," 2018 Alabama Audit Summit, Healthcare Financial Management Association and Alabama Hospital Association
- “Compliance Oversight – What’s a Director to Do?” Alabama Hospital Association 2018 Leadership Forum
- “OIG/DOJ Year In Review,” 2017 Alabama Audit Summit, Healthcare Financial Management Association and Alabama Hospital Association
- “You May Not Be Paranoid, But They ARE Out To Get You,” Alabama Hospital Association 2017 Annual Meeting
- "OIG/DOJ Year in Review (What Are They Up to Now?)," 2016 Alabama Audit Summit, Healthcare Financial Management Association and Alabama Hospital Association
- “Federal Update: Stark, 60 Day Rule, 2 Midnights and Other Rules,” Gilpin Givhan, PC and Alabama Hospital Association, 2015
- “New Physician Compensation Paradigm,” Gilpin Givhan, PC and Alabama Hospital Association, 2015
- "Stark, False Claims, 2 Midnights & 340B Update," Gilpin Givhan, PC and Alabama Hospital Association, 2015
- “OIG/DOJ Year in Review (What Are They Up to Now?),” 2015 Alabama Audit Summit, Healthcare Financial Management Association and Alabama Hospital Association, and 2015 Annual Meeting Alabama Hospital Association
- "EMTALA in the Real World Beyond Medical Screening Exams for Emergency Medical Conditions," Gilpin Givhan, PC and Alabama Hospital Association, 2015
- “Whistleblowers and Self-Disclosure Update,” Gilpin Givhan, PC and Alabama Hospital Association, 2014
- “EMATLA In the Real World – Beyond Medical Screening Exams and Emergency Medical Conditions,” Alabama Hospital Association, 2014
- “OIG Update,” Alabama Chapter, Healthcare Financial Management Association, 2014
- "Federal & State Hospital Update," Gilpin Givhan, PC, 2013
- "Federal & State Hospital Update," Gilpin Givhan, PC, 2012
- “We Are Not In Kansas Anymore – Paying Close Attention to the Compliance Issues Behind the Curtain,” Alabama Hospital Association, 2012
- “HIPAA Breaches – the Reality Show,” Alabama Hospital Association, 2011
- “Compliance Update - Compliance Matters Hidden in 2010 Health Reform,” Alabama Hospital Association, 2011
- “Top Ten Reasons Your Hospital May be Out of Compliance,” Alabama Hospital Association, 2009
- “Tax-Exempt Hospitals - The New Regulatory Environment,” Alabama Hospital Association, 2008
- “Is There a Doctor In the House? - ER Coverage,” Alabama Hospital Association, 2007
- “The State of Stark, Phase III - What Hospitals Should Know When Dealing with Physicians,” Alabama Hospital Association, 2007
- “Odds & Ends for Rural Hospitals,” AlaHA Rural Hospital Constituency, 2006
- “Joint Ventures - Is Some Better Than None?,” Alabama Hospital Association, 2006
- “Physician Recruiting: Navigating a Safe Course,” Alabama Hospital Association, 2006
- “Physician Recruiting (Documentation & Real Life),” Alabama Hospital Association, 2003
- “Intermediate Sanctions & CEO Compensation,” Alabama Hospital Association, 2002
- “EMTALA - Proposed Changes,” Alabama Hospital Association, 2002
- “EMTALA Update,” Alabama Hospital Association, 2002
- “Common Problems in Compliance (Avoiding Artificial Liability),” Healthcare Compliance Officers of Alabama, 2000
- “Negotiating Managed Care Contracts,” Alabama Hospital Association
- “Health Law Update Seminar,” Alabama Bar Institute
- “LLC Trends and Developments - 2000,” National Business Institute, 2000
- “LLC Trends and Developments - 1999,” National Business Institute, 1999
- “LLC Trends and Developments - 1998,” National Business Institute, 1998
Related Practices
Bar Admissions
- Supreme Court of Alabama
- United States District Court, Middle District of Alabama
- United States Tax Court
Licensed In
- Alabama
