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Armando L. Basarrate

armando l. basarrate

Partner

Atlanta

abasarrate@phrd.com

t: (404) 420-5534

f: (404) 522-8409

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"I have never worked with anyone who has a more comprehensive knowledge of law and writes as well as he does."

Chambers USA 2021

  • Overview
  • Experience
  • Thought Leadership

Overview

Armando Basarrate is one of the leading healthcare attorneys in the region. Throughout his 30-year career, he has helped numerous hospitals and other healthcare providers establish, grow, and expand their businesses. Armando’s deep knowledge and business-focused guidance is a powerful combination that serves his clients exceedingly well.

Across regulatory, commercial law, and counseling scenarios, Armando brings extensive experience to bear. He has guided numerous public and non-profit hospitals through the Certificate of Need process, regularly advises on healthcare contract negotiations and disputes, and helps his clients navigate through licensing, Medicare/Medicaid certification, EMTALA, and Open Records Act requirements.

Armando is deeply involved in the business of healthcare. With his unique understanding of his clients’ businesses, Armando is able to seamlessly translate legal and regulatory requirements, crafting solutions to complex problems so that clients can spend more time focusing on their businesses and improving patient care.

As illustrated by his experience as a member of the State Bar of Georgia Diversity Program Steering Committee and the Board of Directors of the Georgia Hispanic Bar Association, Armando is passionate about community involvement and improving diversity in the legal profession. It is a testament to his dedication and effectiveness that Armando is a trusted advisor to some of the biggest and fasted-growing healthcare providers in the South.

Experience

  • Advise and obtain regulatory rulings for several hospital systems across Georgia in connection with COVID-19 emergency initiatives pursuant to federal CMS waivers and state Department of Community Health waivers.
  • Author Georgia Alliance of Community Hospitals amicus brief to Georgia Supreme Court regarding construction and scope of Certificate of Need Act.
  • Represented Veritas Collaborative Georgia in obtaining regulatory approval for first inpatient psychiatric adult eating-disorders service in the state. 
  • Obtain Georgia Supreme Court ruling reversing Court of Appeals decision on constitutional grounds for WellStar Health System hospitals. Matter involves proposed re-development of a specialty hospital by a large competing health care system. 
  • Obtain regulatory approval for development of Northeast Georgia Medical Center-Lumpkin replacement hospital facility. 
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  • Developed and executed a regulatory system strategy for St. Joseph's/Candler related to development of micro hospital campus in western Chatham County.
  • Developed and executed an acquisition regulation and legislation strategy for Northeast Georgia Health System related to acquisition of assets of Chestatee Regional Medical Center and subsequent sale and lease back to Georgia Board of Regents (the State University System).
  • Advised Georgia Alliance of Community Hospitals regarding development of legislative strategy for 2019 session of Georgia General Assembly.
  • Represented Navicent flagship hospital in connection with a regulatory appeal instituted by a competing hospital regarding Navicent's authority to operate a hospital outpatient imaging center. Successfully obtained a ruling from the Georgia Court of Appeals overturning a decision of the Monroe County Superior Court and affirming Navient's regulatory authority to operate the center.
  • Represented WellStar Health System's flagship hospital (WellStar Kennestone Medical Center) in obtaining regulatory approval for the development of a hospital-based outpatient surgery center. That regulatory approval was challenged and appealed by HCA Cartersville Medical Center and HCA Marietta Surgery Center. We obtained a decision from the Court of Appeals upholding the regulatory approval and establishing new law regarding Georgia administrative agency appellate procedures.
  • Helped Floyd Medical Center obtain designation from the Georgia Department of Behavioral Health as an official emergency receiving evaluation treatment facility.
  • Acted as lead counsel defending Columbus Regional health flagship hospital, Midtown Medical Center, in connection with an investigation regarding its regulatory authority to operate a five mega voltage radiation therapy unit service. Successfully concluded with an agency decision finding that all regulatory requirements are satisfied.
  • Represented Veritas Collaborative, LLC obtain regulatory approval for the first dedicated pediatric eating disorders 50-bed inpatient hospital in Georgia. We obtained approval despite the fact that four existing inpatient psychiatric systems initially opposed the program and that no new psychiatric hospital had been approved in Fulton County, Georgia in many years.
  • Obtained CON approval for the development of new a hospital emergency department for Columbus Regional Health Northside Hospital. Representation included obtaining a final agency decision after an administrative trial and subsequent appeal to agency commissioner by competing health care system. We were also able to obtain a ruling that the client hospital be considered a general, not specialty hospital. That ruling enabled hospital to expand their range of services in the future.
  • Advised a regional hospital regarding CMS, licensure, and CON strategies related to proposal to acquire and replace an existing hospital and develop/provide various outpatient services during replacement process. Our attorneys met with governmental officials (including agency head) to explain and advocate for regulatory strategies.
  • Obtained a Georgia Supreme Court decision overturning lower appellate court decision regarding constitutionality of agency rule and, thus, securing regulatory approval for a hospital-based outpatient surgery center in a major new Health Park in East Cobb County.
  • Obtained a joint licensure and CMS certification for new South Hall Campus hospital facility to be treated as part of a single Northeast Georgia Medical Center provider entity.
  • Successful representation of not-for-profit hospital in obtaining a Certificate of Need for an ambulatory surgery center over the opposition of a competing healthcare system following an evidentiary hearing.
  • Successful representation of not-for-profit hospital in opposing request for Letter of Non-reviewability submitted by a physician seeking to establish a franchise location of a national for-profit freestanding imaging center provider, reversing DCH's initial LNR Ruling following an administrative appeal.
  • Successfully represented not-for-profit health system in obtaining a Certificate of Need to establish a radiation therapy program at a new hospital over the opposition of various existing providers following an evidentiary hearing and appeal.
  • Successfully represented not-for-profit health system in obtaining a Certificate of Need to establish LeveI I and Level II obstetric services at a new hospital located in Hall County.

Thought Leadership

  • Panelist: Certificate of Need and New Transparency Requirements, Georgia Advanced Health Law Seminar, November 2019
  • Presenter: “Georgia CON Act Update,” Georgia Alliance of Community Hospitals Legislative Task Force Annual Meeting, April 2019

Areas of focus

  • Healthcare
  • Administrative Litigation
  • Appellate Litigation
  • Corporate Investigations
  • Healthcare Litigation
  • Healthcare Regulatory, Reimbursement & Compliance
  • Healthcare Transactions

Education

  • Vanderbilt University School of Law (J.D., 1989) Order of the Coif; Member, Vanderbilt Journal of Transnational Law, 1987-1989
  • University of the South (B.A., summa cum laude, 1986) Phi Beta Kappa; Omicron Delta Kappa

Accolades

  • Recognized among the “2020 Top Latino Lawyers" by Latino Leaders Magazine (2020)
  • Recognized by The Best Lawyers in America© as the Atlanta 2016 "Lawyer of the Year" in Health Care Law
  • Recognized by Chambers USA in Healthcare - Georgia (2007-2022)
    • Recognized by The Best Lawyers in America© in Health Care Law (2009-2023)
    • Recognized as a "Georgia Super Lawyer" by Super Lawyers magazine  (2008-present)
    • Recognized as one of Georgia's "Top Rated Lawyers" by Martindale-Hubbell and ALM (2012)
    • Recognized as one of Georgia's "Legal Elite" by Georgia Trend magazine (2012)

    Professional affiliations

    • Serves on the Firm's Diversity Committee
    • Former member, Board of Directors of the Georgia Hispanic Bar Association
    • American Health Lawyers Association
    • Georgia Academy of Healthcare Attorneys, past president and board member
    • State Bar of Georgia
    • Member, State Bar of Georgia Diversity Program Steering Committee

    Admitted to practice

    • Georgia

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