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Email: cadams@murphyaustin.com
Telephone: 916-446-2300
X3001
Cary
Adams has focused his practice on the healthcare industry in Northern
California since 1982, and is experienced in a wide variety of regulatory
and corporate matters affecting hospitals, physicians, pharmacies, and
others engaged in the healthcare industry, and disputes arising therefrom.
He is also admitted in Washington DC where he began his career. He is
AV rated by Martindale Hubbell, and has been selected as a Super Lawyer
in healthcare in Northern California Super Lawyers in 2005 through 2007.
He has been certified as a member of the AAA National Roster of Neutrals.
After 31 years of practice, he has announced his retirement effective
December 31, 2007, but will remain available to the firm and its clients
on a consulting basis, and will be available for arbitrations and mediations,
thereafter.
His
healthcare industry clients have included health systems, teaching hospitals,
health plans, long term care providers, psychiatric providers, home
health providers, surgery centers, trade associations, state agencies,
physician groups, IPAs, specialty HMOs, pharmaceutical companies, as
well as various individuals and emerging growth companies. In addition,
Cary has represented a number of large public companies and other substantial
organizations in antitrust counseling and litigation in the healthcare,
beer, cellular telephone, sports, banking, insurance and other industries.
Cary
is a member of the American Health Lawyers Association, the American
Bar Association Sections on Antitrust Law and Administrative Law, the
California Society of Healthcare Attorneys, and is past-president of
the Sacramento County Bar Association Healthcare Law Section. He has
taught Health Law at McGeorge School of Law and in graduate management
programs at USC and UC Davis. He is past Chair of the Health Advisory
Board of USC's Sacramento Campus, and past President of the Board
of Trustees of St. Michael's Episcopal Day School. He is currently
a member of the boards of directors of the Sacramento Metro Chamber
of Commerce and Emerging Technologies Institute, where he is a founder
of the Sacramento Angels, an investor group.
He has
frequently spoken and published on topics related to his practice. Cary's
pro bono work has included assisting in the formation of and advising
C.A.R.E.S., the Center for AIDS Research, Education & Services.
Cary
is a graduate of the University of Virginia and of the University of
Maryland School of Law where he served as Editor-in-Chief of the Maryland
Law Review. He was law clerk for Federal Judge Frank Kaufman in Baltimore.
His former firms include: the Washington DC law firm of Arnold & Porter
where he was an associate (1977-1981); Memel, Jacobs, Pierno, Gersh & Ellsworth,
where he ran its Sacramento office (1982-1987); and Diepenbrock, Wulff,
Plant & Hannegan, LLP where he was chair of the Healthcare Practice
Group and Business Department (1987-1998)
Areas
of Practice
Healthcare,
Antitrust and Trade Regulation, Regulatory
Representative
Experience
- Healthcare Clients:
Hospitals, Health Systems, Teaching Hospitals, IPAs, Physician Groups,
State Agencies, Associations, Long Term Care Providers, Pharmaceutical
Manufacturers
- Antitrust counseling,
compliance, and litigation in the following industries: healthcare,
professional sports, cellular telephones, insurance, banking, beer,
and agricultural products
Representative
Cases
- Certus DPSNF
"Gap" Medicare Group appeals, settled in Mediation during
D.C. Circuit Appeal on behalf of 70 hospitals (2005)
- Toscano
v. PGA Tour, Inc., 70 F.Supp.2d 1109 (ED Calif. 1999), aff'd.
258 F.3d 978 (9th Cir. 2001)
- Methodist
Hospital of Sacramento vs. Shalala, 1993 W.L. 128491 (D.D.C.
1993), aff'd., 38 F.3d 1225 (D.C. Cir. 1994)
- St. Elizabeth
Community Hospital vs. Heckler, 745 F.2d 587 (9th Cir. 1984)
- Redbud Hospital
District vs. Heckler, 1984 W.L. 2857 (N.D.Cal. 1984), stay granted
in part and denied in part, Heckler vs. Redbud Hospital District,
473 U.S. 1308
- American
River Hospital vs. Sullivan, 935 F.2d 273 (9th Cir. 1991)
- Children's
Hospital of San Francisco vs. Bowen, 1987 W.L. 108991 (E.D.
Cal. 1987)
- Falstaff
Brewing Corp. vs. Kessler, 489 F.Supp. 191 (E.D. Wis. 1980)
- In re Grand
Jury Subpoena Dated July 13, 1979, 478 F.Supp. 368 (E.D. Wis.
1979)
- Frontier
Airlines vs. CAB, 602 F.2d 375 (D.C. Cir. 1979)
Academic
Positions
- Adjunct Law
Professor, McGeorge School of Law, University of the Pacific (Health
Law), (1988 and 1989)
- Adjunct Professor,
University of Southern California, Sacramento Public Affairs Center,
Graduate School of Policy, Planning and Development (Legal Issues
in Health Care Delivery), (1989 to 1995; 2005 to present); Recipient,
Adjunct Faculty Distinctive Service Award (2006)
- Visiting Assistant
Professor, University of California, Davis, Graduate School of Management
(Legal Issues in Health Care Delivery), (1995/96 Academic Year)
Speaking
Engagements
- Stark Final
Regulations, Lorman Education Services, Sacramento, February
6, 2001)
- Provider Based
Status, Healthcare Financial Management Association Northern
California Chapter (Sacramento, October 31, 2000)
- Stark & Anti-Kickback
Rules, Recent Medicare Developments, Lorman Educational Services
(Sacramento, October 5, 2000)
- Healthcare
Insolvency Issues, Healthcare Financial Management Association
Northern California Chapter Fall Conference, (San Francisco, October
27, 1999)
- Medicare Conditions
of Participation, University Medical Center (Tucson, AZ, January
15, 1999)
- Pharmaceutical
Compliance - Legal Issues, American Pharmaceutical Partners,
Inc., (Las Vegas, NV, December 12, 1998)
- Bankruptcy
and Financial Distress for Managed Care Organizations, National
Health Lawyers Association, (Chicago, IL, December 10, 1997)
- Healthcare
Corporate Compliance Programs, Lorman Education Services,
(Sacramento, CA, October 9, 1997; Oakland, December 4, 1997; Las
Vegas, January 22, 1998)
- Legal Issues
in Managed Care, Sacramento Sierra Women Healthcare Executives,
(Sacramento, CA, September 10, 1997)
- Dealing with
the Financially Troubled Long Term Care Facility, National
Health Lawyers Association, (Phoenix, AZ, January 23 & 24,
1997)
- Chicago Hopeless:
Recent Developments in Healthcare Bankruptcies (Focus on Non-Hospital
Providers), National Conference of Bankruptcy Judges, (San
Diego, California, October 19, 1996)
- Healthcare:
Your Client and Medicare - Wedding or Funeral?, Price Waterhouse
LLP 1996 Corporate Recovery Symposium, (Vail, Colorado, February
6, 1996)
Publications
- Don't
Reinvent the Wheel,
TechComm Journal, (October/November 2004)
- Provider Compliance, Focus on Pharmaceuticals,
The Edge, April, 2002
- Provider
Based Versus Freestanding? New Rules Make Prompt Compliance Imperative,
The Edge, July, 2000, co-authored with Anthony M. Perez
- On the Wrong
Side of the Fuzzy Line, California Medicine, October
1997, co-authored with Jeanne L. Vance
- Fraud &
Abuse Advisory Opinions: The Gray Area Will Never Be the Same,
NHLA Health Law Digest (September 1997), co-authored with
Jeanne L. Vance
- Healthcare
Industry Acquisitions, Business Law News (Spring 1995)
co-authored with Patricia J. Hartman and Jeffrey W. Curcio
- Comprehensive
Health Care Reform Now, Docket, June 1994
- Health Reform
and Managing Competition, Sacramento Business Journal,
November 8, 1993
- Shaving
Administrative Costs is Key to Health Reform, Sacramento
Business Journal, October 4, 1993
- Why Health
Care Cost Containment Has Failed, Comstock's (October
1989)
- Chapter
9, "Anti-fraud & Abuse Laws", Hospital Physician
Joint Ventures: A Competitive Strategy for the Health Care Marketplace,
Dow Jones Irwin (1987)
- HCNC Reports,
occasional legal memoranda in monthly newsletter (September 1985
- January 1987)
- Medicare
& Medicaid Anti-Fraud & Abuse Laws: The Need for Legislative
Change, coauthored with S. Lynne Klein, HealthSpan (Vol.
2, No. 1, January 1985)
- Confronting
HCFA's Prospective Payment System: A Guide For Hospitals That
Are Mad As Heck and Aren't Going To Take It Anymore; coauthored
with John P. Wagner, Hospital Law Newsletter (Vol. 2, No.
2, Dec. 1984)
Leadership
Positions
- Sacramento
Angels, Founding President (2001-2003), member Board of Directors
(2001-Present)
- Sacramento
Area Technology Alliance, Chair (2001-2003); member, (2001-Present)
Board of Directors
- Emerging Technologies
Institute, Chair (2001-Present); Member (1998-present); Board of
Directors
- Sacramento
Metropolitan Chamber of Commerce Member, Board of Directors, (2001-Present
and 1997-1999); Legal Counsel and Member, Executive Committee, (1996)
- St. Michael's
Episcopal Day School, Board of Directors, President (1994-1996);
Vice President (1993)
- Mercy Medical
Foundation (now CHW Medical Foundation), founding member, Board
of Directors, (1990-1991)
- California
Chamber of Commerce, Member, Health Care Policy Committee (1989-2003)
- Center for
AIDS Research, Education & Services - Sacramento, Member, Board
of Directors, (1988-1995) (ex officio as pro bono general counsel)
- University
of Southern California, Sacramento Public Affairs Center, Member,
Health Care Advisory Board, (1987 to present); Vice Chair (1994-1996);
Chair (1996-1998); Member, Advisory Board (1994-Present)
- The Corporation
of the Episcopal Diocese of Northern California, Member, Board of
Directors, (1988-1995 and 1999-Present; Secretary,(1993-1994; Vice
Chair, (1994-1995)
Memberships
- American Health
Lawyers Association (AHLA)
- American Bar
Association's Antitrust Law and Administrative Law Sections
- California Society
of Healthcare Attorneys
- State of California
and District of Columbia Bars
- Sacramento County
Bar Association
Community Activities
- Board of Directors
of Sacramento Metro Chamber of Commerce and Emerging Technologies
Institute, Sacramento Angels
- One founder of
and provided pro bono counsel to the Center for AIDS Research, Education & Services,
Sacramento
- Pro Bono Counsel
to St. Michael's Episcopal Church and Day School
- Assistant Chancellor,
Episcopal Diocese of Northern California
Education
University
of Maryland School of Law
J.D., cum laude, 1976
Order of the Coif, Editor-in-Chief, Maryland Law Review, Roger Howell Award
University
of Virginia
B.A., English, 1970
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