Robert Shaw serves as head of the Health Care practice. Robert has extensive M&A experience, including representation of clients on the buyer side and seller side in mergers and acquisitions, in Medicare and Medicaid audits, tax planning, business transactions, hospital exclusivity arrangements and joint ventures, employment agreements, corporate advice, and regulatory compliance. He represents clients in acquisitions, including public company hospitals, private equity firms and regional and national health care providers across the country. He has represented clients in tax controversies involving a broad range of issues at federal, state and local levels in multiple jurisdictions.
Robert's robust health care regulatory practice includes advising clients with respect to Medicare/Medicaid compliance, accountable care organization regulations, heath care antitrust, HIPAA, Anti-Kickback Statute, and Stark Law matters around the country. He has advised health care clients with respect to CLIA certification, enrollment and credentialing issues, managed care organization relations, and Affordable Care Act compliance. He has broad experience with regulatory compliance issues faced by ambulatory surgical centers, hospitals, physician groups, developmental disabilities providers, home health and hospice providers, substance abuse clinics, mental health providers, skilled nursing companies, and speech therapy agencies.
Professional & Community Affiliations
- North Carolina Bar Association
- American Bar Association
- North Carolina Association of Healthcare Attorneys
- Executive Committee, Occoneechee Council, Boy Scouts of America
- The First Tee of the Triangle
- Pro bono representation of clients referred from Legal Aid of North Carolina
- Board member, St. Thomas More Society
- Past member, North Carolina Advisory Committee for the U.S. Commission for Civil Rights
- United Arts Council office fund drives
- Past Chair, Triangle Chapter of the Federalist Society
- Past Co-Chair, Triangle Chapter of the Institute for Professionals in Taxation
Honors & Awards
North Carolina Super Lawyers, Rising Star (2013 - 2017)
- Represented academic medical institution in $3.4 billion health system joint venture deal.
- Represent accountable care organizations around the country in formation, regulatory compliance, and contracting.
- Advised one of the largest providers of community-based intellectual and/or developmental disability services in a definitive agreement to acquire a regional home health services company.
- Represented client in $25 million tax credit controversy with North Carolina Department of Revenue.
- Advised hospital on health care regulatory compliance with blockchain cryptocurrency project.
- Advise client in negotiation of joint venture for large regional Medicaid managed care contract.
- Represented specialist practice in unwinding exclusive relationship with large regional health system.
- Defended challenge to a certificate of need award with favorable settlement preserving CON award
- Assisted large accountable care organization with innovative joint venture with blockchain-based patient and provider engagement application.
- Assisted specialty medical practice in negotiating terms separation from health system.
- Represented taxpayer in appeal of FBAR penalty before U.S. Court of Federal Claims.
- Represented Florida provider of intellectual and developmental disabilities services in acquisition of five-location provider of I/DD services.
- Advised a provider of services to people with intellectual and/or developmental disabilities in definitive agreements to acquire other providers of support and services to help individuals with development and physical disabilities.
- Represented seller in sale of five-location behavioral health treatment facility.
- Assisted buyer in hospital acquisition involving complex public financing regulatory compliance.
- Represented buyer in $16 million financing and acquisition of regional developmental disabilities company.
- Negotiated and drafted physician and joint venture contracts.
- Successful appeal of termination decisions by managed care organizations and Department of Health and Human Services.
- Resolution of provider audits via settlement and motions practice.
- Litigation of health care provider audits across the country.
- Provided tax planning and compliance advice in statewide acquisition of rental properties companies.
- Represented clients in property tax audits and controversies pertaining to valuation, exemptions, exclusions, and present use matters.
- Successful defense of class action lawsuit brought by North Carolina counties regarding occupancy taxes in federal court, including appeal to the U.S. Court of Appeals for the Fourth Circuit.
- Favorable resolution of employment tax audits with the Internal Revenue Service.
News & Publications
- Fierce Healthcare, 10.12.2020
- Healthcare Risk Management, 02.15.2019
- Twelve articles for LexisNexis N.C. Practice Insights
- Co-author, North Carolina Reforms Laws on Forced Combination; Department of Revenue Responds With Its Interpretation2012Journal of MultiState Taxation and Incentives
- Co-author, What the Courts Think of North Carolina’s Forced Combination Rules and Related Penalties2011Journal of MultiState Taxation and Incentives
- New Battleground of Plan Fiduciary Liability for 401(k) Plan “Excessive Fees"2009The Business Lawyer
- The States, Balanced Budgets, and Fundamental Shifts in Federalism2004North Carolina Law Review
- Punitive Damages in Medical Malpractice: An Economic Analysis2003North Carolina Law Review
- Co-Presenter, "How to Negotiate a Value Based I-DD Contract," i2i Virtual Pinehurst Conference12.03.2020
- Co-Presenter, "Financial Options for Practices during the COVID-19 Pandemic," The North Carolina Medical Society, Webinar04.06.2020
- "Driving Value-Based Health Care: The Employer Perspective," NC Chamber Health Care Conference, Durham, N.C.09.20.2019
- "Contracts: Negotiating with a Group or Hospital," The Carolinas Anesthesiology 2019 Quality in Anesthesia Conference, Asheville, N.C.09.14.2019
- "Strategic Collaborations," Selected Issues for Multi-Disciplinary Corporate Practitioners, Morrisville, N.C.02.15.2019
- "A Legal Update for Medicaid Providers," Association for Home & Hospice Care of North Carolina, Raleigh, N.C.2014
- "North Carolina Update," PESI2011
- "Antitrust and Unfair Business Practices," Wake Forest University School of Law Annual Business Law Update, Winston-Salem, N.C.2008
Bar & Court Admissions
- North Carolina
- U.S. District Court, Eastern District of North Carolina
- U.S. District Court, Middle District of North Carolina
- U.S. District Court, Western District of North Carolina
- U.S. Court of Appeals, Fourth Circuit
- U.S. Court of Federal Claims
- University of North Carolina School of Law, J.D., 2004
- Chancellor’s Scholar
- Wake Forest University, B.S., Mathematical Economics, 1999
- Presidential and Carswell Scholar
- Phi Beta Kappa