Thomas L. Kirkland, Jr.
Tom is a member of Butler Snow’s business department and practices within the Health Law group. He has decades of Healthcare Law experience and regularly provides representation to providers on a wide range of regulatory, transactional, and litigation matters for hospitals, nursing homes, home health agencies, ambulatory surgery centers, dialysis facilities, medical laboratories, physician group practices, durable medical equipment providers and pharmacies. Tom has been involved in purchase and lease transactions of major hospitals, rural hospitals, nursing homes and home health agencies and other types of healthcare providers. His practice extends to matters involving Medicare and Medicaid reimbursement appeals and Stark, Anti-Kickback Statute and False Claim Acts violations.
Biography – View PDF Bio
- About Tom
- Bar Admissions
- Civic Involvement
- Education & Honors
- In the News
- Papers, Presentations, & Publications
Tom is recognized by his clients for his experience and well-reasoned counsel, which helps them to navigate complex issues and make strategic business decisions that impact the delivery of healthcare services. He was appointed to the Mississippi State Board of Health by Governor Kirk Fordice and served from 1996-2002. This experience further enhanced his insight to health planning and service delivery in the state. Tom’s extensive involvement with healthcare planning and licensure regulations, along with Conditions of Participation, bolsters his ability to provide sound counsel to clients on CON, licensure, and Medicare regulations in Mississippi and neighboring states. In addition, Tom has experience representing providers in Medicare and Medicaid reimbursement appeals and analysis and compliance with Stark and Anti-Kickback issues.
- Mississippi, 1978
- U.S. District Courts
- Mississippi: Northern, Southern
- U.S. Court of Appeals
- 5th Circuit
- Hospice Ministries, Inc.
- SON Valley
- Best Lawyers in America®
- Health Care Law, 2007-2021
- Lawyer of the Year, Health Care Law, 2012, 2018
- AV®– Preeminent™ Peer Review Rated
- Super Lawyers®
- Mid-South Super Lawyer, Health Care, 2007-2010, 2012, 2014
- University of Mississippi, J.D., 1978
- Mississippi State University, B.S., History, 1975
- Medicare reimbursement: Convinced a federal appeals court to reverse Medicare's denial of reimbursement because the agency had disregarded its own regulations. (Hardy-Wilson Mem'l Hosp. v. Sebelius, 616 F.3d 449 (5th Cir. 2010)).
- Reimbursement for rehabilitation hospital: Representation of a rehabilitation hospital in a reimbursement dispute with the Division of Medicaid involving rate adjustments. (2009, Miss. Methodist Rehab. Ctr. v. Miss. Div. of Medicaid)
- Obtaining a Certificate of Need for a hospital: Represented a hospital in obtaining a CON in Madison County. (2012, St. Dominic - Jackson Memorial Hospital)
- Settlement of multi-party case: Represented a hospital in settling a multi-party state court case involving fraud, breach of contract and conspiracy. (2016)
- Separation of physician group practice: Represented a group of physicians in their separation from a large group including the negotiation of liabilities and provider numbers. (2016)
- Clarification of Board Minutes Requirement: Successfully upheld trial court decision regarding the minutes rule related to community owned hospitals' Boards. (2015, Wellness, Inc. v. Pearl County Hospital)
- Presenter, “Federal Rules Impacting Healthcare Operations,” 2020.
- Presenter, “PPP Loan, HHS Grants Forgiveness Requirements, Investigations & Clawbacks,” 2020.
- Presenter, “2020 Fraud and Abuse Cases,” 2020.