People

Claire Turcotte

Claire Turcotte, a partner in Bricker & Eckler’s Health law group, focuses her practice on structuring, drafting and negotiating health care provider contracts, including hospital affiliations, mergers and acquisitions, co-management, joint ventures, management services organizations (MSOs), call coverage, physician recruitment, physician employment agreements and professional services arrangements, and other hospital-physician arrangements. She also advises hospitals about accountable care organizations (ACOs), clinically integrated networks (CINs) and similar evolving models.

Claire also counsels hospitals and health care providers on the Stark law, the anti-kickback statute, and other fraud and abuse matters, as well as other Medicare and Medicaid regulatory issues, including provider-based status and hospital space-sharing arrangements, change of ownership, Medicare enrollment, and physician supervision.

She also focuses on corporate structuring and maintenance, including formation and choice of entity, governance structure, nonprofit and tax-exempt status issues, conflicts of interest, and governance issues.

Claire’s practice also includes preparing and negotiating information technology (IT) and other technology contracts including electronic health records (EHR) system agreements and hospital EHR donation arrangements and counsels clients regarding compliance with Meaningful Use Incentive and PQRS programs, as well as HIPAA, EHR implementation and other health information matters.

"Claire Turcotte “has done an outstanding job for us.""

Bricker client as quoted in Chambers USA, 2017

"Claire Turcotte offers expertise in the negotiation and drafting of health care provider contracts involving M&A and joint ventures."

– As quoted in Chambers USA, 2019

Experience

  • Financing and conversion of public hospital to nonprofit business

    Assisted Adams County Regional Medical Center in its conversion from a county-owned hospital to a private health care provider. The transaction required obtaining bond financing for the acquisition and conversion of the hospital facilities, real property and assets, and resulted in the continuation of local care for Adams County residents. 

  • Conversion of public hospital and affiliation with large health care system

    Advised a government-owned hospital and worked with elected officials to convert a public hospital into a nonprofit business and large health care system affiliate.  The transaction involved unique and negotiated features necessary to satisfy elected officials’ priorities, the community’s needs for local health care access, and the opportunities and efficiencies available through affiliation with a sophisticated tertiary care system.

  • Loan denial appeal

    Represented a nonprofit corporation that applied for a U.S. Department of Agriculture Rural Development Agency loan critical to its acquisition of the facilities and operations of a financially struggling county hospital. The agency denied the loan, and the nonprofit appealed that decision with the USDA’s National Appeals Division. The administrative judge decided favorably for our client, citing 39 separate findings of fact and four erroneous reasons for denying the loan.

  • Management services organization development

    Served as lead counsel to an Ohio-based health network in developing a unique physician-led management services organization (MSO) providing day-to-day operation and management of multiple breast health centers. This unique MSO also developed a clinically integrated incentive strategy within the network of primary care and OB-GYN physicians to implement a physician-designed evidence-based patient protocol to enhance breast health, early detection and prevention in the health network's market area. 

  • Health system acquisition

    Served as lead counsel in the acquisition of a nonprofit health system by a health corporation, negotiating the transaction, drafting all corporate documents, conducting due diligence review and completing all regulatory filings.

Professional & Community Activities

  • Member, American Health Law Association
  • Member, Society of Ohio Healthcare Attorneys, 2007-present
  • Former Member, Quality Committee, American Health Lawyers Association
  • Former Member, Inaugural American Health Lawyers Association Women's Leadership Council
  • Former Vice Chair, American Health Lawyers Association Hospital and Health Systems Practice Group
  • Former Board Member, Society of Ohio Hospital Attorneys
  • Former Member, Health Care Financial Management Association, Southwest Ohio Chapter

Presentations & Published Works

  • Speaker, "Post-Acute Provider Partnering with Hospitals and Other Providers: Anti-Kickback and Other Compliance Risks," Ohio Health Care Association webinar, September 2019
  • Speaker, "Recent Stark Law Changes to Reduce Burden and Encourage Alternate Payment Methods," Ohio Hospital Association Annual Meeting, June 2019
  • Speaker, Evolving Physician Compensation Approaches: Team-Based Models, Value-Based Compensation and More," Ohio Hospital Association Annual Meeting, June 2019
  • Author, "Auditing compliance with CMS provider-based rules," Compliance Today, November 2018
  • Speaker, “Provider-Based Status Update: How Recent Changes Impact Off-Campus Outpatient Departments’ Compliance, Payment and Transactions,” Health Care Compliance Association, April 2018
  • Speaker, “Year in Review,” American Health Lawyers Association/Institute on Medicare and Medicaid Payment Issues, March 2018
  • Speaker, “Provider-Based Status Considerations for Hospital Real Estate Planning,” American Health Lawyers Association Webinar, March 2018
  • Speaker, "Provider-Based Status Update: How Recent Changes Impact Off-Campus Outpatient Departments," Ohio Hospital Association Annual Meeting, June 2017
  • Speaker, “Kiss My Glass...Ceiling: How Professional Relationships Help Women Break Through”, Women’s Leadership Council Breakfast Panel, AHLA Physicians and Hospitals Law Institute, February 9, 2016
  • Speaker, “Provider-based Status and Space Sharing,” Top 10 Hot Topics in Health Care Law for 2016, January 21, January 27 and January 28, 2016
  • Speaker, “Stark Law Compliance: Recent Changes and Cases,” Top 10 Hot Topics in Health Care Law for 2016, January 21, January 27 and January 28, 2016
  • Coordinator, Health Care Law CLE presented by the Cincinnati Bar Association Health Care Law Committee, December 10, 2015
  • Speaker, “Physician Compensation: Navigating Change from Volume to Value in a Compliant Way,” Ohio Hospital Association Annual Meeting, June 8-10, 2015
  • Speaker, "Special Valuation Problems in Health Care Transactions: Tips from the Trenches," AHLA Fair Market Value Affinity Group, April 17, 2015
  • Speaker, “A Few Good Men: Perspectives from Men about Women in Law,” AHLA Physicians and Hospitals Law Institute, February 3, 2015
  • Speaker, “ACOs, CINs and other Hot Hospital-Physician Alignment Trends,” Top 10 Hot Topics in Health Care Law for 2015, January 20, January 22 and January 28, 2015
  • Speaker, “Meaningful Use – Where Are We Now? Audits and Other Hot Topics,” Top 10 Hot Topics in Health Care Law for 2015, January 20, January 22 and January 28, 2015

Bar Admissions & Activities

  • Admitted, State of Ohio
  • Admitted, District of Columbia
  • Admitted, State of New York
  • Admitted, State of Oregon
  • Admitted, State of Pennsylvania
  • Member, Cincinnati Bar Association (Health Care Law Committee)

Awards & Recognition

  • Recognized, ChambersUSA, Health Care with a Band 3 ranking, 2013–2020
  • Listed, Best Lawyers in America (Health Care Law), 2009–2020
  • Cincinnati Lawyer of the Year, Best Lawyers in America (Health Care Law), 2014, 2017

Education

  • University of California, Los Angeles (J.D.), 1992
  • Stanford University (A.B.), 1986
A different kind of court
A different kind of court

Claire is a member of the Cincinnati Tennis Club and an avid doubles and singles tennis player year round.