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Professionals

Charles M. Key

Counsel

P 901-537-1133 F 901-537-1010


1715 Aaron Brenner Drive
Suite 800
Memphis, TN 38120

 

Charles Key is a member of the Wyatt, Tarrant & Combs Health Care Service Team.  He concentrates his practice on regulation of health care provider conduct, including Stark, anti-kickback, Medicare reimbursement, antitrust, insurance, privacy of health information, medical peer review, managed care, licensing, and general health law.  He has represented physicians, physician groups, hospitals, and other health care providers, and provided counseling in more traditional legal areas such as choice of business form, corporate governance, employment and basic tax issues. 

Charles M. Key

Location


1715 Aaron Brenner Drive
Suite 800
Memphis, TN 38120

Representative Matters

  • Counsel to 240-physician academic group practice, Memphis, Tennessee, 1984-2013
  • Local counsel in Tennessee for a national hospital chain, 1997-2004
  • Counsel to physician-hospital organization of 150-bed public hospital and 85 physicians in south-central Tennessee, 1994-2001
  • Counsel to home health agency, Memphis, Tennessee, 1991-1998
  • Counsel to national medical practice management firm, 1990-1994
  • Counsel to 650-physician independent practice association, St. Louis, Missouri, 1988-1990
  • Counsel to 800-physician, 3-hospital physician-hospital organization, Memphis, Tennessee 1985-88

Related Professional Experience

  •  Health Planner, Missouri Department of Health, 1979-81

Honors

Best Lawyers Generic Honor Logo2014 Chambers Logo - Bios(2)2013 Martindale AV logoSuper Lawyers 2013 Logo

  • Chambers USA: America's Leading Lawyers for Business in Healthcare: Regulatory.  Clients interviewed by Chambers USA say that Mr. Key "combines impressive technical ability with up-to-date knowledge of the law."
  • Woodward/White’s The Best Lawyers in America® in Health Care Law 2007-2013
  • Best Lawyers® 2011 Memphis Health Care Law "Lawyer of the Year"
  • Highest Professional Rating by Martindale-Hubbell Law Directory
  • Listed by Mid-South Super Lawyers in the area of Health Care Law (2006-2013)
  • Listed by Tennessee Business magazine as one of the 150 Best Lawyers in Tennessee

Education

  • 1984 - J.D., University of Missouri
  • 1977 - B.A., cum laude, Arkansas State University

Seminars

Mr. Key is a frequent speaker on health care related topics. Listed below are a few of his more recent presentations. For a complete list of his past presentations, click here.

  • Health Care Law: "Professional Responsibility and the Health Lawyer: Tort Liability, Criminal Conspiracy, and How the MRPC Can Be Your Friend."  University of Mississippi Center for Continuing Legal Education.  Ridgeland, Mississippi, May 16, 2014 (1 hr.).
  • Health Policy Lecture, “Evaluating the Medical Malpractice System and Options for Reform.”  University of Tennessee Health Science Center, Health Policy Committee.  Memphis, February 11, 2014 (1 hr.).
  • Twelfth Annual Health Law Primer:  "Selected Topics in Tennessee Health Law."  Tennessee Bar Association, Health Law Section, Nashville, October 3, 2012
  • National CLE Conference (CLE & SKI), "Physician-Hospital Integration: ACOs and Otherwise,"with J.A. (Tony) Patterson.  Law Education Institute, Inc.  Snowmass, Colorado, January 7, 2012 (1 hr.).
  • Neurosurgeon as CEO: The Business of Neurosurgery - Growing Your Practice in Changing Times:  "Trends and Issues in Medical Practice Acquisitions."  American Association of Neurological Surgeons.  New York, July 31, 2011 (1hr.).
  • 2011 Bench, Bar & Boardroom Conference: "Medical Law Changes 101." Memphis Bar Association.    Destin, Florida, May 5, 2011 (1.33 hrs.).
  • 2010 Healthcare Conference: "Health Law Update." Tennessee Society of Certified Public Accountants.  Nashville, November 29, 2010 (1 hr.).                                      
  • Tennessee Attorneys Memo: "Legal Issues in Forming Medical Group Practices in Tennessee." M. Lee Smith Publishers.  Webinar, November 9, 2010 (1 hr.).                           
  • University of Memphis Health Care Journal Club. "Legal Issues in the Post-Reform Environment."  University of Memphis.  Memphis, Tennessee, October 13, 2010 (1 hr.).
  • Equal Justice University 2010: "Tennessee Advance Directives for Health Care." Tennessee Alliance for Legal Services.  Paris Landing State Park, Tennessee, September 27, 2010 (1.5 hrs.).
  • Tennessee Attorneys Memo: "Advance Medical Directives in Tennessee: Latest Forms and Other Updates."  M. Lee Smith Publishers.  Webinar, August 31, 2010 (1 hr.).
  • Neurosurgeon as CEO: The Business of Neurosurgery: "Stark and Antikickback: Recent Changes Affecting Medical Practice Management."  American Association of Neurological Surgeons.  New York, August 8 , 2010 (1 hr.).
  • Health Reform 2009. American Constitution Society, University of Memphis School of Law. Panel discussion with Drs. Arthur Sutherland and Frank McGrew.  Memphis, October 29, 2009 (2 hrs.).
  • Financial Management and Payer Contracting 2009 Contracting 2009 Conference: "Federal Regulation of Physician Joint Ventures." Medical Group Management Association. Boston, April 27, 2009 (1.25 hrs.).
  • Tennessee Hospital Association Patient Safety Council. "The Role of PSQIA Privilege in Medical Error Reduction." Tennessee Hospital Association. Nashville, March 13, 2008.
  • Seventh Annual Health Law Primer: "Medical Liability and Medical Quality." Tennessee Bar Association, Health Law Section. Nashville, October 3, 2007.
  • What to Advise Your Elderly Clients, Family Members and Friends About End of Life Medical Decisions.  Memphis Area Legal Services, Baptist Memorial Health Care Corporation, Methodist Le Bonheur Healthcare, The University of Memphis School of Law, Elder Law Clinic and Health Law Institute.  Memphis, September 19, 2007.
  • Rethinking Medical Liability: "Patients and Providers: Defense Techniques and Alternatives to Litigation." University of Memphis School of Law and Masters of Health Administration Program, Memphis Bar Association. Memphis, February 16, 2007.

Publications

  • “Survival in the Era of Declining Reimbursement.”  (Co-authored with David K. Rea.)   Memphis Medical Quarterly, vol. 17, no. 1 (Memphis Medical Society, Spring 2014).
  • "Stark Law Does Not Defeat Physician's Unjust Enrichment Claim." ABA Health eSource, vol.8, no.6 (American Bar Association, Health Law Section, February 2012).
  • "Doctors' Costs Rise As Reimbursements Fall."  The Commercial Appeal, November 19, 2011, p. A7.
  • "Personal Jurisdiction and Choice of Law In Interstate Medical Practice Not Settled Issues." ABA Health eSource, vol. 7, no. 10 (American Bar Association, Health Law Section, June 2011).
  • "The Role of PSQIA Privilege in Medical Error Reduction."  The Health Lawyer, vol. 21, no. 1, pp. 24-28 (American Bar Association, Health Law Section, October 2008).
  • "Toward a Safer Health System:  Medical Injury Compensation and Medical Quality," University of Memphis Law Review, vol. 37, pp. 459-92 (Spring 2007).
  • "HealthCARE Principles:  A Model for Healthy City Collaboratives."  (Co-authored with James E. Bailey, M.D., M.P.H., David M. Mirvis, M.D., Richard L. Kyte, Ph.D., and Michael J. McCord.)  Preventing Chronic Disease (U.S. Dept. of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, April 2007) (Online at http://www.cdc.gov/pcd/issues/2007/apr/06_0100.htm.)
  • "Who Will Decide?  Helping Your Clients With End-of-Life Directives."  Tennessee Bar Journal, vol. 42, no. 12, pp. 12-21 (Tennessee Bar Association, December 2006).
  • "A Review of the Patient Safety and Quality Improvement Act of 2005."  The Health Lawyer, vol. 18, no. 1, pp. 20-23 (American Bar Association Health Law Section, October 2005).
  • "Health Care Decisions Act:  Problems with Consents, Surrogates, and End-of-Life Choices Addressed by the New Tennessee Health Care Decisions Act."  (Co-authored with Gary D. Miller.)  Tennessee Medicine, vol. 97, no. 10, pp. 448-451 (Tennessee Medical Association, October 2004).
  • "The Ostensible Revival of Professional Courtesy Under Stark II, Phase II."  The Health Lawyer, vol. 16, no. 6, pp. 38-40 (American Bar Association Health Law Section, August 2004).
  • "The Tennessee Health Care Decisions Act:  A Major Advance in the Law of Critical Care Decision Making."  (Co-authored with Gary D. Miller.)  Tennessee Bar Journal, vol. 40, no. 8, pp. 25-33 (Tennessee Bar Association, August 2004).
  • "2003 Medicare Amendments Change Rules on Part B Reassignment by Independing Contractors."  The Health Lawyer, vol. 16, no. 3, pp 10-11 (American Bar Association Health Law Section, March 2004).

Professional Activities and Memberships

  • Fellow, Tennessee Bar Foundation
    o Member, Board of Trustees, 2007-2013
    o Chair, Board of Trustees, 2011-2012
  • Member, Standing Committee on Publications Oversight, American Bar Association, 2012-2014
  • Member, Governing Council, American Bar Association, Health Law Section, 2012-2014
  • Chair, Editorial Board, Stark and Antikickback Toolkit (American Bar Association, Health Law Section), 2010-2012
  • Chair, Editorial Board, The Health Lawyer (American Bar Association, Health Law Section), 2004-2012
  • Chair, Tennessee Bar Association Health Law Section, 2000-2001
  • American Health Lawyers Association
  • Memphis, Tennessee (Health Law Section), Missouri and American (Antitrust and Health Law Sections) Bar Associations

 

Admissions

  • Tennessee
  • Missouri (inactive status)

Civic Involvement

  • Rotary Club of Memphis East
    o Secretary, Board of Directors, 1999-2000, 2004-2005
    o Vice President, 2000-2001
    o Paul Harris Fellow
    o Rotarian of the Year, 1999-2000
  • Memphis Area Legal Services Pro Bono Panel
  • Pro Bono Counsel to Friends for Life Corporation
  • Pro Bono Counsel to several community service organizations

Interests

  • Family, Backpacking, and Reading

Representative Matters

  • Counsel to 240-physician academic group practice, Memphis, Tennessee, 1984-2013
  • Local counsel in Tennessee for a national hospital chain, 1997-2004
  • Counsel to physician-hospital organization of 150-bed public hospital and 85 physicians in south-central Tennessee, 1994-2001
  • Counsel to home health agency, Memphis, Tennessee, 1991-1998
  • Counsel to national medical practice management firm, 1990-1994
  • Counsel to 650-physician independent practice association, St. Louis, Missouri, 1988-1990
  • Counsel to 800-physician, 3-hospital physician-hospital organization, Memphis, Tennessee 1985-88

Related Professional Experience

  •  Health Planner, Missouri Department of Health, 1979-81

Honors

Best Lawyers Generic Honor Logo2014 Chambers Logo - Bios(2)2013 Martindale AV logoSuper Lawyers 2013 Logo

  • Chambers USA: America's Leading Lawyers for Business in Healthcare: Regulatory.  Clients interviewed by Chambers USA say that Mr. Key "combines impressive technical ability with up-to-date knowledge of the law."
  • Woodward/White’s The Best Lawyers in America® in Health Care Law 2007-2013
  • Best Lawyers® 2011 Memphis Health Care Law "Lawyer of the Year"
  • Highest Professional Rating by Martindale-Hubbell Law Directory
  • Listed by Mid-South Super Lawyers in the area of Health Care Law (2006-2013)
  • Listed by Tennessee Business magazine as one of the 150 Best Lawyers in Tennessee

Education

  • 1984 - J.D., University of Missouri
  • 1977 - B.A., cum laude, Arkansas State University

Seminars

Mr. Key is a frequent speaker on health care related topics. Listed below are a few of his more recent presentations. For a complete list of his past presentations, click here.

  • Health Care Law: "Professional Responsibility and the Health Lawyer: Tort Liability, Criminal Conspiracy, and How the MRPC Can Be Your Friend."  University of Mississippi Center for Continuing Legal Education.  Ridgeland, Mississippi, May 16, 2014 (1 hr.).
  • Health Policy Lecture, “Evaluating the Medical Malpractice System and Options for Reform.”  University of Tennessee Health Science Center, Health Policy Committee.  Memphis, February 11, 2014 (1 hr.).
  • Twelfth Annual Health Law Primer:  "Selected Topics in Tennessee Health Law."  Tennessee Bar Association, Health Law Section, Nashville, October 3, 2012
  • National CLE Conference (CLE & SKI), "Physician-Hospital Integration: ACOs and Otherwise,"with J.A. (Tony) Patterson.  Law Education Institute, Inc.  Snowmass, Colorado, January 7, 2012 (1 hr.).
  • Neurosurgeon as CEO: The Business of Neurosurgery - Growing Your Practice in Changing Times:  "Trends and Issues in Medical Practice Acquisitions."  American Association of Neurological Surgeons.  New York, July 31, 2011 (1hr.).
  • 2011 Bench, Bar & Boardroom Conference: "Medical Law Changes 101." Memphis Bar Association.    Destin, Florida, May 5, 2011 (1.33 hrs.).
  • 2010 Healthcare Conference: "Health Law Update." Tennessee Society of Certified Public Accountants.  Nashville, November 29, 2010 (1 hr.).                                      
  • Tennessee Attorneys Memo: "Legal Issues in Forming Medical Group Practices in Tennessee." M. Lee Smith Publishers.  Webinar, November 9, 2010 (1 hr.).                           
  • University of Memphis Health Care Journal Club. "Legal Issues in the Post-Reform Environment."  University of Memphis.  Memphis, Tennessee, October 13, 2010 (1 hr.).
  • Equal Justice University 2010: "Tennessee Advance Directives for Health Care." Tennessee Alliance for Legal Services.  Paris Landing State Park, Tennessee, September 27, 2010 (1.5 hrs.).
  • Tennessee Attorneys Memo: "Advance Medical Directives in Tennessee: Latest Forms and Other Updates."  M. Lee Smith Publishers.  Webinar, August 31, 2010 (1 hr.).
  • Neurosurgeon as CEO: The Business of Neurosurgery: "Stark and Antikickback: Recent Changes Affecting Medical Practice Management."  American Association of Neurological Surgeons.  New York, August 8 , 2010 (1 hr.).
  • Health Reform 2009. American Constitution Society, University of Memphis School of Law. Panel discussion with Drs. Arthur Sutherland and Frank McGrew.  Memphis, October 29, 2009 (2 hrs.).
  • Financial Management and Payer Contracting 2009 Contracting 2009 Conference: "Federal Regulation of Physician Joint Ventures." Medical Group Management Association. Boston, April 27, 2009 (1.25 hrs.).
  • Tennessee Hospital Association Patient Safety Council. "The Role of PSQIA Privilege in Medical Error Reduction." Tennessee Hospital Association. Nashville, March 13, 2008.
  • Seventh Annual Health Law Primer: "Medical Liability and Medical Quality." Tennessee Bar Association, Health Law Section. Nashville, October 3, 2007.
  • What to Advise Your Elderly Clients, Family Members and Friends About End of Life Medical Decisions.  Memphis Area Legal Services, Baptist Memorial Health Care Corporation, Methodist Le Bonheur Healthcare, The University of Memphis School of Law, Elder Law Clinic and Health Law Institute.  Memphis, September 19, 2007.
  • Rethinking Medical Liability: "Patients and Providers: Defense Techniques and Alternatives to Litigation." University of Memphis School of Law and Masters of Health Administration Program, Memphis Bar Association. Memphis, February 16, 2007.

Publications

  • “Survival in the Era of Declining Reimbursement.”  (Co-authored with David K. Rea.)   Memphis Medical Quarterly, vol. 17, no. 1 (Memphis Medical Society, Spring 2014).
  • "Stark Law Does Not Defeat Physician's Unjust Enrichment Claim." ABA Health eSource, vol.8, no.6 (American Bar Association, Health Law Section, February 2012).
  • "Doctors' Costs Rise As Reimbursements Fall."  The Commercial Appeal, November 19, 2011, p. A7.
  • "Personal Jurisdiction and Choice of Law In Interstate Medical Practice Not Settled Issues." ABA Health eSource, vol. 7, no. 10 (American Bar Association, Health Law Section, June 2011).
  • "The Role of PSQIA Privilege in Medical Error Reduction."  The Health Lawyer, vol. 21, no. 1, pp. 24-28 (American Bar Association, Health Law Section, October 2008).
  • "Toward a Safer Health System:  Medical Injury Compensation and Medical Quality," University of Memphis Law Review, vol. 37, pp. 459-92 (Spring 2007).
  • "HealthCARE Principles:  A Model for Healthy City Collaboratives."  (Co-authored with James E. Bailey, M.D., M.P.H., David M. Mirvis, M.D., Richard L. Kyte, Ph.D., and Michael J. McCord.)  Preventing Chronic Disease (U.S. Dept. of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, April 2007) (Online at http://www.cdc.gov/pcd/issues/2007/apr/06_0100.htm.)
  • "Who Will Decide?  Helping Your Clients With End-of-Life Directives."  Tennessee Bar Journal, vol. 42, no. 12, pp. 12-21 (Tennessee Bar Association, December 2006).
  • "A Review of the Patient Safety and Quality Improvement Act of 2005."  The Health Lawyer, vol. 18, no. 1, pp. 20-23 (American Bar Association Health Law Section, October 2005).
  • "Health Care Decisions Act:  Problems with Consents, Surrogates, and End-of-Life Choices Addressed by the New Tennessee Health Care Decisions Act."  (Co-authored with Gary D. Miller.)  Tennessee Medicine, vol. 97, no. 10, pp. 448-451 (Tennessee Medical Association, October 2004).
  • "The Ostensible Revival of Professional Courtesy Under Stark II, Phase II."  The Health Lawyer, vol. 16, no. 6, pp. 38-40 (American Bar Association Health Law Section, August 2004).
  • "The Tennessee Health Care Decisions Act:  A Major Advance in the Law of Critical Care Decision Making."  (Co-authored with Gary D. Miller.)  Tennessee Bar Journal, vol. 40, no. 8, pp. 25-33 (Tennessee Bar Association, August 2004).
  • "2003 Medicare Amendments Change Rules on Part B Reassignment by Independing Contractors."  The Health Lawyer, vol. 16, no. 3, pp 10-11 (American Bar Association Health Law Section, March 2004).

Professional Activities and Memberships

  • Fellow, Tennessee Bar Foundation
    o Member, Board of Trustees, 2007-2013
    o Chair, Board of Trustees, 2011-2012
  • Member, Standing Committee on Publications Oversight, American Bar Association, 2012-2014
  • Member, Governing Council, American Bar Association, Health Law Section, 2012-2014
  • Chair, Editorial Board, Stark and Antikickback Toolkit (American Bar Association, Health Law Section), 2010-2012
  • Chair, Editorial Board, The Health Lawyer (American Bar Association, Health Law Section), 2004-2012
  • Chair, Tennessee Bar Association Health Law Section, 2000-2001
  • American Health Lawyers Association
  • Memphis, Tennessee (Health Law Section), Missouri and American (Antitrust and Health Law Sections) Bar Associations

 

Admissions

  • Tennessee
  • Missouri (inactive status)

Civic Involvement

  • Rotary Club of Memphis East
    o Secretary, Board of Directors, 1999-2000, 2004-2005
    o Vice President, 2000-2001
    o Paul Harris Fellow
    o Rotarian of the Year, 1999-2000
  • Memphis Area Legal Services Pro Bono Panel
  • Pro Bono Counsel to Friends for Life Corporation
  • Pro Bono Counsel to several community service organizations

Interests

  • Family, Backpacking, and Reading
Charles M. Key