Donn H. Herring

Mr. Herring is a member in the firm’s healthcare practice area. He advises healthcare clients including hospitals, physicians, federally qualified health centers, home health providers, durable medical equipment companies and nursing homes, on the full range of regulatory and business issues. He practices extensively in the areas of healthcare mergers and acquisitions (including physician/hospital joint ventures), physician integration (including physician practice acquisition, co-management arrangements and gainsharing arrangements), provider network development (including independent provider associations and physician hospital organizations), voluntary compliance program development, implementation and auditing, HIPAA compliance program development and implementation, certificate of need and managed care contracting.

Mr. Herring is also a part of the firm's charitable organizations practice group. In this area, Mr. Herring advises 501(c)(3) public charities on the full range of legal issues, including organizational issues (structuring/restructuring, expansion, mergers, consolidations, and governance), tax issues (application for federal and state tax exemptions), employment issues (executive compensation) and regulatory issues. Mr. Herring currently represents a wide range of 501(c)(3) public charities, including religious organizations, educational organizations, arts organizations, healthcare organizations and human welfare/economic development organizations, operating both within the United States and internationally.

Mr. Herring is the former Director, Legal Services for BJC Health Care. At BJC Mr. Herring served as primary legal counsel for Missouri Baptist Medical Center, Boone Hospital Center, Alton Memorial Hospital and Parkland Health Center. He also served as primary legal counsel for BJC Medical Group. In that role he provided legal advice and direction in connection with the acquisition of medical practices and the employment of physicians.

Mr. Herring also served as an Adjunct Assistant Professor of Law at the Saint Louis University School of Law’s Center for Health Law Studies from 1998-2005, where he taught a class in “Health Care Fraud and Abuse.” Mr. Herring also served as an Instructor at the Washington University School of Medicine’s Masters in Health Administration Program from 2001-2003, where he taught “Health Law.”

Court Memberships

  • Missouri

Honors

  • Selected among The Best Lawyers in America®, 2012-2014
  • Martindale-Hubbell® “AV” Rating
  • Order of the Coif
  • Ohio State Law Journal, Articles Editor, 1986-1987
  • Recipient, Hornbook Award, 1985-1986

Events

Professional Affiliations

  • American Bar Association, Health Law Section
  • The Missouri Bar
  • Bar Association of Metropolitan St. Louis
  • American Health Lawyers Association
  • Missouri Society of Health Care Attorneys, Board of Directors, 2004-2006; President, 2005
  • St. Louis Area Health Lawyers Association
  • Medical Group Management Association of St. Louis

Publications

  • Author, Analysis of U.S. Supreme Court Decision in Missouri v. McNeely, State Issue Brief, Missouri Hospital Association, June 2013
  • Author, Physician Beware:  Prohibited Financial Arrangements Between Physicians and Physical Therapists, Missouri Lawyers Weekly, May 2006
  • Author, Much Ado About The Effect of the New Anti-Kickback Statute Safe Harbors on Hospital/Physician Joint Ventures, The Term Sheet, Health System Transactions, Volume 1, Issue 1, Winter 2000
  • Author, The New ASC Safe Harbor:  The Triumph of Public Policy Over Legal Consistency, 33 Journal of Health Law 485, Summer 2000
  • Author, Physician Recruitment in the Minefield of Federal Healthcare Regulations, Missouri Medical Law Report

Presentations

  • Speaker, Advanced Stark Law: Enforcement of the Stark Law and Strategies to Protect Your Organization, MHA Center for Education, April 2014
  • Speaker, Redefining Corporate Compliance, MHA Center for Education, September 2013
  • Speaker, Update on New HIPAA Regulations, St. Louis Area Health Lawyers Association, Winter 2013
  • Speaker, Health Reform, Physician Insurance Association of America Annual Conference, Spring 2013
  • Speaker, Payment Sunshine Law, International Medical Meeting Planners Association Annual Conference, Spring 2013
  • Speaker, Stark Law, Missouri Hospital Association Seminar, Spring 2013
  • Speaker, HIPAA 2012 – Privacy, Security and Breach Issues, Missouri Hospital Association, Fall 2012
  • Speaker, The Changing Face of Health Care Fraud Enforcement in the 21st Century, Missouri Society of Certified Public Accountants, Fall 2012
  • Speaker, The Heat is On! Government Enforcement of the Stark Law and Strategies to Protect Your Organization, Missouri Hospital Association, Spring 2012
  • Speaker, The Implications of Health Care Fraud & Abuse Laws on EHR, Missouri Hospital Association, Spring 2011
  • Speaker, Hospital-Physician Relationships: Is There Really No Such Thing as a Free Lunch, Missouri Hospital Association, Spring 2010
  • Speaker, No Such Thing as a Free Lunch: Provider-Vendor Relations, Under the Microscope of Government/Industry Security, St. Louis Area Health Lawyers Association, Fall 2009
  • Speaker, No Such Thing as a Free Lunch: Provider-Vendor Relations Under the Microscope of Government/Industry Security Health Care Compliance Association, Fall 2009
  • Speaker, The Aftershocks of the 2009 IPPS or the Beginning of the End, Kansas Hospital Association, Summer 2009
  • Speaker, RAC Audits: What’s Past is Prologue, Missouri Hospital Association, Summer 2009
  • Speaker, What Every Hospital Executive Should Know About the Stark Law, Missouri Hospital Association, Winter 2009
  • Speaker, The New IRS Form 990, Schedule H Hospitals Lorman, Fall 2008
  • Speaker, OIG Advisory Opinions Source of Meaningful Answers to Meaningless Questions, Health Care Compliance Association, Fall 2008
  • Speaker, OIG Advisory Opinions A Source of Meaningful Answers to Meaningless Questions, St. Louis Area Health Lawyers Association, Fall 2008
  • Speaker, OIG Advisory Opinions A Source of Meaningful Answers to Meaningless Questions, Greater Kansas City Society of Health Care Attorneys, Fall 2008
  • Speaker, Stark Wars II Revenge of the Regulators, Missouri Hospital Association, Winter 2008
  • Speaker, Health Law Update, St. Louis Area Health Lawyers Association, Fall 2006
  • Speaker, Negotiating Physician Employment Arrangements, Residents of Saint Louis University Hospital, Fall 2006
  • Speaker, Negotiating Physician Employment Arrangements, Residents of St. Louis Children’s Hospital, Fall 2006
  • Speaker, Negotiating Dental Employment Arrangements, Center for Advanced Dental Education, Saint Louis University, Summer 2006
  • Speaker, Missouri Health Pool:  The Best Kept Secret in Missouri Health Insurance, St. Louis Area Health Lawyers Association, Spring 2005
  • Speaker, Negotiating Physician Employment Arrangements, Residents of Barnes-Jewish Hospital, Fall 2004
  • Speaker, Recruitment, Retention and Employment of Physicians, Bar Association of Metropolitan St. Louis, Spring 2004
  • Speaker, Unauthorized Disclosures:  The Greatest Source of Liability Under the HIPAA Privacy Standards, Missouri SNIP, Winter 2003
  • Speaker, HIPAA Privacy Standards and Workers’ Compensation, Lorman Education Services, Fall 2003
  • Speaker, Complaints Under HIPAA - A Mid Summer’s Nightmare, Missouri SNIP, Summer 2003
  • Speaker, A Preliminary Review of the HIPAA Security Standards, Lorman Education Services, Spring 2003
  • Speaker, OIG Advisory Opinions: A Source of Meaningful Answers to Meaningless Questions, St. Louis Health Lawyers Association, Winter 2002
  • Speaker, A Practical Guide to the HIPAA Privacy Standards for Medical Practices, Gateway EDI Educational Series, Summer 2002
  • Speaker, Practice Management Issues: From Practice Development to Divestiture, Spring 2002
  • Speaker, Integrated Delivery Systems: Yesterday’s News, National Business Institute, Spring 2002
  • Speaker, Healthcare Fraud & Abuse Update, St. Louis Area Health Lawyers Association, 2001

News

Press releases

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  • St. Louis
    7701 Forsyth Boulevard
    Suite 500
    Clayton, MO 63105
T: 314.613.2808
F: 314.613.2801
Assistant
Juli Bell
314.613.2817

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Education

The Ohio State University College of Law, J.D., summa cum laude, 1987

Westminster College, B.A., cum laude, 1984