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THOMAS L. KIRKLAND, JR.

P (769) 232-6181

tom.kirkland@kirklandsimpson.com

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Practice Areas

         Health Law         

Health Care Litigation

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Tom is a distinguished legal veteran with over 45 years of unparalleled expertise in healthcare law. Throughout his illustrious career, Tom has been dedicated to providing comprehensive representation to a diverse array of healthcare providers. His practice spans regulatory compliance, transactional negotiations, and litigation across various sectors including hospitals, nursing homes, home health agencies, ambulatory surgery centers, medical laboratories, physician group practices, durable medical laboratories, physician group practices, and pharmacies.

 

 Tom is renowned for his adept handling of intricate Medicare and Medicaid matters, offering invaluable insights and strategic counsel to clients navigating the complexities of government healthcare programs. His proficiency extends to the purchasing and leasing of major hospitals, rural hospitals nursing homes and home health agencies and other types of healthcare providers. 

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With a deep understanding of the healthcare industry's nuances and a steadfast commitment to client success, Tom continues to be a trusted advocate and thought leader in healthcare law. His record of achieving favorable outcomes and safeguarding his clients' interests underscores his reputation as a cornerstone in the field of healthcare legal representation.

EXPERIENCE

  • 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. Sibelius, 616 F.3d 449 (5th Cir. 2010)).

  • Reimbursement for rehabilitation hospital: Representation of 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 trail court decision regarding the minutes rule related to community owned hospitals' Boards. (2015, Wellness, Inc. v. Pearl County Hospital)

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DISTINCTIONS

  • Best Lawyers in America®

    • Health Care Law, 2007-2024​

    • Lawyer of the Year, Health Care Law, 2012, 2018​​

  • Martindale-Hubbell®

    • AV® - Preeminent™ Peer Review Rated​

  • Super Lawyers®

    • Mid-South Super Lawyer, Health Care, 2007-2010, 2012, 2014

BAR ADMISSIONS

  • Mississippi, 1978

  • U.S. District Courts

    • Mississippi: Northern, Southern​

  • U.S. Court of Appeals

    • 5th Circuit

EDUCATION

  • University of Mississippi, J.D., 1978

  • Mississippi State University, B.S., History, 1975

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ASSOCIATIONS

  • American Health Lawyers Association

  • Federation of Defense and Corporate Counsel (FDCC)

  • American Bar Association

PAPERS, PRESENTATIONS & PUBLICATIONS

  • Presenter, "Federal Rules Impacting Healthcare Operations," 2020.

  • Presenter, "PPP Loan, HHS Grants Forgiveness Requirements, Investigations & Clawbacks," 2020.

  • ​Presenter, "2020 Fraud and Abuse Claims," 2020​

CIVIC INVOLVEMENT

  • ​Hospice Ministries, Inc.

  • SON VALLEY​

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