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Rachael Nelson Gearing

Senior Associate

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Practice Areas

Stark Law   |   Anti-Kickback Statute   |   Texas Illegal Remuneration Act   |   Patient Protection and Affordable Care Act   |   Health Insurance Portability and Accountability Act

Rachael advises medical practices; hospitals; surgery centers; freestanding emergency rooms; and other health care providers regarding operational, transactional, and compliance issues, as well as various employment law issues. Rachael assists her clients with drafting and negotiating a variety of contracts, including physician services agreements, physician employment agreements, asset purchase agreements, management agreements, business associate agreements, and entity operating agreements. Rachael’s clients rely on her to advise them on establishing and implementing comprehensive health care compliance programs, negotiating and preparing agreements in connection with health care transactional matters, and effecting mergers and acquisitions, as well as creating new health care entities, developing business and marketing strategies to cope with changing federal regulatory schemes, managing government investigations of health care providers and suppliers, advising on Medicare and Medicaid billing and reimbursement, and providing guidance on operational and administrative issues.Before she joined Weaver Johnston & Nelson, Rachael was an attorney at a large international law firm where she practiced corporate law, providing on-call legal counsel to public and private companies, including one of the world’s largest private equity firms. Rachael has years of experience providing outside counsel services to international clients in need of systemic support throughout their operational teams and legal departments. Rachael received a Pro Bono Service Award from her firm for her work counseling an expanding nonprofit’s board of directors on corporate documents, corporate governance issues, and policies and procedures. Rachael also spent several years managing and advising clients, including Fortune 50 companies and state and local governments, regarding all aspects of employer compliance with the Affordable Care Act employer mandate.

  • Pepperdine University School of Law, J.D.
    • Journal of Business, Entrepreneurship and the Law, Editor
  • California State University, Long Beach, B.A.
  • Texas
  • California
  • Stark Law
  • Anti-Kickback Statute
  • Texas Illegal Remuneration Act
  • Patient Protection and Affordable Care Act
  • Health Insurance Portability and Accountability Act
  • Selected for inclusion in Texas Super Lawyers, Rising Star edition by Thomson Reuters, 2020-2021
  • Best Lawyers 2020, D Magazine
  • Dallas Association of Young Lawyers, Cochair, Animal Welfare Committee
  • Fauna Foundation Animal Rescue
  • Ride Your Horse! Therapeutic Riding Program
  • Texas Lawyers for Children Education Advocacy Program, Attorney Ad Litem
  • “Is Your Organization Prepared to Respond to ACA Marketplace Notifications?,” Benefits Magazine ( Aug. 2015)
  • “Why Pro Bono? The Payoff is Helping Others,” The Texas Lawbook (Aug. 2017)
  • “What to Know Before You Engage in Business,” Dallas Medical Journal (May 2020)
  • “Considerations When Starting a Telemedicine Practice,” Dallas Medical Journal (May 2019)
  • “Reducing Barriers to Value-Based Care – Changes to Stark Law and the Anti-Kickback Statute,” Dallas Medical Journal (April 2021)

 

  • From Fraud to Force Majeure: Health Care Law Basics for Physicians (Sept. 2020)
  • Health Care & Insurer Regulatory Updates: Changes Affecting Your Clients During COVID-19, Dallas Bar Association (April 2020)