Robert Shaw has extensive experience in solving health care and tax challenges important to clients. He regularly handles complex restructuring, M&A work on the buyer side and seller side, Medicare and Medicaid audits, value-based care projects, tax planning and controversy, hospital joint ventures, employment agreements, corporate advice and regulatory compliance. He has represented clients in transactional matters across the country, including public company hospitals, accountable care organizations, private equity firms, and regional and national health care providers. Robert has also represented clients in tax controversies, audits, tax planning, and compliance matters 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. 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.
Areas of Focus
- Chambers USA: America’s Leading Business Lawyers, Healthcare (2023)
- Best Lawyers®, Administrative/Regulatory Law (2023-2024)
- North Carolina Super Lawyers, Rising Star (2013 - 2017)
- 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
Bar & Court Admissions
- North Carolina
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Federal Claims
- North Carolina Bar Association
- American Bar Association
- North Carolina Association of Healthcare Attorneys
- American Health Lawyers Association
- National Association of Accountable Care Organizations
- Represented academic medical institution in $3.4 billion health system joint venture deal.
- Represented target with multi-state operations in auction sale involving over $100 million deal price.
- Advised a multistate skilled nursing, home care, and I/DD company in a definitive agreement to acquire the largest home care company in Rhode Island.
- Represent accountable care organizations and value-based care initiatives 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.
- AlertA Renewed Focus on Primary Care – CMS Releases a Request for Applications for the Making Care Primary Model
- Speaking EngagementModerator, "Value-Based Care: Deaccelerating Costs and Improving Outcomes," NC Chamber's Health Care Conference, Durham, N.C.
- NewsSmith Anderson Achieves All Time Highs for Attorneys Recognized by Best Lawyers® in Three Categories
- Smith Anderson Achieves All Time Highs for Attorneys Recognized by Best Lawyers® in Three CategoriesBest Lawyers®News
- Smith Anderson Gains Four More Chambers Ranked Practitioners Across Practices in 2023 Chambers USA GuideChambers USARecognition
- Bloomberg Tax, Law360, N.C. Chamber and Insurance JournalNews
- Best Lawyers® and Best Lawyers: Ones to Watch Recognizes 98 Smith Anderson Attorneys in Latest PublicationBest Lawyers®Recognition
- Fierce Healthcare
- Healthcare Risk Management
Publications & Alerts
- A Renewed Focus on Primary Care – CMS Releases a Request for Applications for the Making Care Primary ModelAlert
- Published by North Carolina Family PhysicianPublication
- Twelve articles for LexisNexis N.C. Practice Insights
- Co-author, North Carolina Reforms Laws on Forced Combination; Department of Revenue Responds With Its InterpretationJournal of MultiState Taxation and Incentives
- Co-author, What the Courts Think of North Carolina’s Forced Combination Rules and Related PenaltiesJournal of MultiState Taxation and Incentives
- New Battleground of Plan Fiduciary Liability for 401(k) Plan “Excessive Fees"The Business Lawyer
- The States, Balanced Budgets, and Fundamental Shifts in FederalismNorth Carolina Law Review
- Punitive Damages in Medical Malpractice: An Economic AnalysisNorth Carolina Law Review
Events & Programming
"Innovations and Hot Topics," North Carolina Bar Association's Health Care Law Bootcamp, Cary, N.C.
- Moderator, "Value-Based Care: Deaccelerating Costs and Improving Outcomes," NC Chamber's Health Care Conference, Durham, N.C.Speaking Engagement
- Co-Presenter, "Restrictive Covenants and Telehealth Boom," CLE presented by Smith Anderson, Winston-Salem, N.C.Speaking Engagement
- Co-Presenter, "Pre-suit Disputes: Advising Your Board of Directors," Live Webinar Presented by the Corporate Counsel Section of the NCBASpeaking Engagement
- Presenter, "Getting It Right: How to Report Provider Relief Fund Grants to HHS," Webinar Hosted by CuriSpeaking Engagement
- Co-Presenter, "How to Negotiate a Value Based I-DD Contract," i2i Virtual Pinehurst ConferenceSpeaking Engagement
- Co-Presenter, "Financial Options for Practices during the COVID-19 Pandemic," The North Carolina Medical Society, WebinarSpeaking Engagement
- "Driving Value-Based Health Care: The Employer Perspective," NC Chamber Health Care Conference, Durham, N.C.Speaking Engagement
- "Contracts: Negotiating with a Group or Hospital," The Carolinas Anesthesiology 2019 Quality in Anesthesia Conference, Asheville, N.C.Speaking Engagement
- "Strategic Collaborations," Selected Issues for Multi-Disciplinary Corporate Practitioners, Morrisville, N.C.Speaking Engagement
- "A Legal Update for Medicaid Providers," Association for Home & Hospice Care of North Carolina, Raleigh, N.C.Event
- "North Carolina Update," PESIEvent
- "Antitrust and Unfair Business Practices," Wake Forest University School of Law Annual Business Law Update, Winston-Salem, N.C.Event