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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
Dean's List

 

 
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