Photo of David A. Hatch

David A. Hatch

Partner

Education

University of Michigan, B.A., 1998, with class honors

The University of Texas School of Law J.D., 2002, with honors

Bar Admissions

  • 2002, California
Profile
Presentations & Speaking Engagements
News
Publications

David Hatch is Managing Partner of the Firm’s Los Angeles Office and a member of the Firm’s Business Department.  His practice involves assisting health care clients with a broad range of business, transactional and regulatory issues.  Mr. Hatch has significant experience representing major national technology companies, as well as start-ups, in navigating complex healthcare regulatory issues and establishing or expanding health care operations.  He also frequently assists nonprofit and tax-exempt health care providers with their unique legal issues. Mr. Hatch's broad experience includes representing client’s in connection with practice integration, asset purchases, mergers and acquisitions, health care joint ventures, and health care fraud and abuse compliance.  He advises clients regarding federal and state anti-kickback laws, self-referral laws, pharmacy laws, restrictions on the delivery of drugs and medical devices, regulation of ambulatory surgery centers and the corporate practice of medicine doctrine.  Mr. Hatch advises business entities at all stages of development, including start-up, formation, offering, operational phases and through change of control and dissolution events.

Mr. Hatch's clients include physicians and physician groups, for-profit and nonprofit hospitals, diagnostic centers, ambulatory surgery centers, durable medical equipment companies, mental health providers, pharmaceutical companies, medical device and prosthetic distributors, application developers and technology companies, and other health care providers.

Representative Matters

National Healthcare Regulatory Counsel:  Counsel one of the nation’s most prominent doctor house call and telemedicine technology companies (Get Heal, Inc.) with the myriad of health care regulatory and compliance issues pertaining to establishing and national expansion of operations.

Tax-Exempt Counsel. Assist newly established private nonprofit hospital with completing and filing IRS Form 1023 and obtaining recognition of tax-exempt status with the IRS and on-going nonprofit and tax-exempt compliance issues.

Technology Company Healthcare Counsel:  Advise prominent national grocery and product delivery company (Instacart) regarding compliance with health care regulations pertaining to national roll out of pharmaceutical and medication delivery and ongoing operations.

Outside General Counsel.  Serve as outside general counsel to significant independent private nonprofit tax-exempt hospital, providing counsel on broad range of issues affecting hospital governance, operations and compliance.

Ambulatory Surgery Center Transactions.  Act as counsel on numerous syndications, affiliations, mergers, and other transactions involving ambulatory surgery centers.

Medical Product Delivery Company.  Served as outside health care regulatory counsel to a prominent medical product delivery company, advised on issues pertaining to compliance with corporate practice of medicine, fraud and abuse and telemedicine laws.

Medical Practice Acquisition and Formation of Hospital Affiliated Medical Practice.  Assisted hospital with establishing an affiliated medical practice and management services organization (MSO) and acquiring the assets of a prominent multi-location medical group.

Physician Joint Ventures.  Counsel numerous clients regarding regulatory and compliance issues pertaining to establishing and operating partially physician owned joint ventures.

Sale of Imaging and Physical Therapy Business.  Assisted large prominent medical practice with sale of imaging and physician therapy business lines.

Professional Affiliations

  • American Health Lawyers Association
  • American Bar Association (Health and Business Sections)
  • Executive Committee, Health Law Section, Los Angeles County Bar Association
  • California Society for Healthcare Attorneys

Honors & Awards

  • Recognized by Best Lawyers (2019- 2022) 
  • Southern California Super Lawyer (2019-2021)
  • Super Lawyers Southern California Rising Star (2009-2012)

Presentations & Speaking Engagements

  • The Dual Eligible Initiative – Double the Benefit or Double the Trouble? Presented by The Los Angeles County Bar Association Healthcare Section (April 2013) (Program Committee).
  • Managed Care in California: Current Battles and Future Solutions. Presented by The Los Angeles County Bar Association Healthcare Section (December 2011) (Program Chair).
  • The Future is Now – Preparing for the New World of Medicaid. Managed Care Contracting with Private Health Plans and Development of Community Care Network Center for Disability and Aging Policy Administration for Community Living Webinar Series (March 2011) (Program Author/Editor).
  • The Nuts and Bolts of Organizing and Affiliating Entities Involved In ACOs, CAPG Healthcare Conference 2010, Palm Desert, California (co-presented with Karl A. Schmitz)  (May 2010).
  • Tax-Exempt Entities: Charitable Trust & Duties to the Public, presented at Loyola Law School as Guest Lecturer in the Health Care Organizations Class (March 2009).
  • Managed Care Update, presented by the Los Angeles County Bar Association Healthcare Section (December 2008) (Program Committee).
  • The Do’s and Don’ts of Health Care Contracting, presented at the Hooper, Lundy & Bookman, Inc. Health Program (October 2008).

News

Publications

Selecting and Forming Business Entities, Chapter 10 Professional Corporations, Second Edition, CEB (2020) (Co-Author).

Summary of Fraud and Abuse Statutes & Regulations (Hawaii), American Health Lawyers Association, Fraud & Abuse Practice Group (2018).

IRS Clarifies Prior Section 501(r) Guidance for Tax-Exempt Hospitals and Issues Procedures for Correcting and Disclosing Certain Failures, American Health Lawyers Association Practice Group Executive Summary (February 19, 2014) (Co-Author).

New California LLC Law Effective as of January 1, 2014, Health Law Perspectives, Vol. 16, No. 2 (February 2014) (Co-Author).

Hospital Compliance Manual, California Hospital Association, Chapter 8, Issues for Tax-Exempt Hospitals, Fifth Edition (February 2014) (Co-Author).

Bundled Hospital and Physician Services:  Medicare's Acute Care Episode Demonstration Project, 2 Healthcare Quality Report 1 (February 2010).

IRS Publishes Two Notices Pertaining to Tax-Exempt Hospitals, HLB Health Law eAlert (January 2014) (Co-Author).

IRS Proposed Regulations Relating to Financial Assistance Policies and Collection Activities of Tax-Exempt Hospitals, ABA Health Law eSource, Vol. 9, No. 1 (September 2012) (Co-Author).

Accountable Care Organization Final Regulations Analysis and Implications, HLB White Paper (November 2011) (Co-Author).

Future Models, The Formation of Affordable Care Organizations May Revolutionize the Concept of Managed Care, Los Angeles Lawyer (October 2010) (Co-Author).

Physicians Providing In-Office Ancillary Service, Must Meet New Disclosure Obligations That Are Likely to be Effective January 1, 2011, HLB Health Law eAlert (August 2010) (Co-Author).

Welcoming Accountable Care Organizations to the Healthcare Landscape: What Healthcare Lawyers Need to Know, California Health Law News (Summer 2010) (Co-Author).

Bundled Hospital and Physician Services: Medicare's Acute Care Episode Demonstration Project, Health Care Quality Report (February 1, 2010).

Tax Issues Relevant to Exempt Health Care Entities, Chapter 3, Treatise on Health Care Law, Matthew Bender (Co-Author) (2008).

OIG Issues Report on Provider Relationships and MR Services, 10 Health Law Perspectives 11 (December 2008).

IRS Continues Progress on Revised Form 990 Rules, 10 Health Law Perspectives 5 (May 2008).

Selecting the Optimal Form of Business Entity for a Healthcare Related Business, 9 Health Law Perspectives 8 (August 2007).

When Is a Lease Not a Lease? Seventh Circuit Adopts ‘Substance Over Form' Test for True Lease Determination, Business Restructuring Review (January/February 2006).

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