Charles R. Hay
Topeka Office
534 S. Kansas Ave.
Suite 1400
Topeka, KS 66603-3436
T: 785.354.9413
F: 866.347.5155
dhay@foulston.com
Practice Areas
Health Care
Commercial & Complex Litigation
Business & Corporate Law
Creditors' Rights/Bankruptcy
Employee Benefits & ERISA
Insurance Regulatory
Education
University of Kansas, J.D. (1974)
  • Order of the Coif
  • University of Kansas Law Review
University of Kansas, B.S.J., (1971)
Admissions
  • U.S. District Court for the District of Kansas
  • U.S. District Court for the Western District of Missouri
  • Kansas (1974)
AVVO Image Martindale Image Best Lawyers Award Badge

Charles R. Hay, Partner


Mr. Hay has extensive experience in health law, including litigation in areas such as hospital and physician regulation and reimbursement. Mr. Hay also devotes a substantial part of his practice to preparation and counseling regarding pension planning and obligations under ERISA. Finally, he has extensive experience with bankruptcy practice. Mr. Hay enjoys Martindale-Hubbell Law Directory’s highest “AV” rating for lawyers and has been selected by his peers for inclusion in the Missouri & Kansas Super Lawyers® list and The Best Lawyers in America© as a leading health care lawyer in the United States.
Professional Memberships, Affiliations, and Honors
  • Selected by peers for inclusion in The Best Lawyers in America© in the area of Health Care Law, 1991-2017
  • Selected for inclusion in Missouri & Kansas Super Lawyers® List, 2005-2009, 2012-2015 (a Thomson Reuters business)
  • American Bar Association
  • Kansas Bar Association Outstanding Service Award, 1984; Member, Board of Editors of Journal of Kansas Bar Association (1982-96), KBA Professional Ethics Advisory Committee (Chairman 1988 - 1992), Awards Committee (1984-86), and Planning Committee (1987); Held all offices in Young Lawyers Section of Kansas Bar Association, including President (1983-84) and member of KBA Executive Council (1983-84)
  • Topeka Bar Association
  • Kansas Bar Foundation Chairman, General Contributions Committee (1984-86)
  • American Health Lawyers Association
  • Kansas Association of Hospital Attorneys President (1987-88)
  • Topeka Area Bankruptcy Council
Community Involvement
  • Topeka Hospice (now Midland Hospice), Charter board member (1977-88) and President (1985-87)
  • Board of Directors, American Cancer Society, Shawnee County, (1977-80); residential crusade chairman (1977, 1978)
  • Topeka Lions Club, President (1994-95)

Send Email 785.354.9413
  • Health Law:

  • Many years of experience in advising institutional and individual health care providers with regard to the requirements of the Medicare and Medicaid anti-kickback statute, Stark I and II, civil monetary penalties, EMTALA, and Medicare Part A and Part B and Medicaid reimbursement rules and requirements.

  • Represented institutional and individual health care providers in investigations and negotiations with the Department of Justice.

  • Designed and served as an educational resource for institutional compliance plans in several institutions and as a member of an institutional compliance committee.

  • Represented institutional providers with regard to EMTALA investigations conducted by CMS and related proceedings before KFMC.

  • Assisted health care providers in reviewing billing and reimbursement issues, arranging audits, and determining the necessity and methodology for voluntary self-disclosure to governmental agencies.

  • Conducted educational programs as to the requirements and implications of Stark II.

  • Represented individual and institutional providers in Kansas administrative proceedings involving Medicaid reimbursement and licensure issues.

  • Speaker on various fraud and abuse issues before professional groups.

  • Assisted in development of institutional HIPAA policies and served as a member of institutional HIPAA committee.

  • Represented institutional providers before the Provider Review Reimbursement Board.

  • Advised hospitals as to physician recruitment arrangements.

  • Drafted legislation enacted into law by the Kansas legislature.

  • Represented hospitals in acquisition/consolidation arrangements.

  • Review/negotiation of managed care contracts.

  • Preparation and submission of individually designed and drafted 401(k) plans, ESOP and defined benefit plans to IRS.

  • Drafting of 403(b) plans and 457 plans.

  • Drafting of SERP and other non-qualified deferred compensation plans.

  • Representation of ESOP involved in corporate acquisition.

  • Conducted HIPAA privacy training for group health plan personnel of large local company.

  • Substantial ERISA litigation experience, primarily focusing on disability benefits.

  • Preparation and counseling as to cafeteria and related benefit plans.

  • Representation of 403(b) plan in IRS audit in which tax-exempt status of plan sponsor was revoked but ultimately restored after tax court action.

  • Preparation of insurance company master/prototype defined contribution plan and submission for IRS approval.

  • Development of self-insured health plans.

  • Preparation of managed care contracts.

  • Taught employee benefits law at Washburn Law School.

  • Lead counsel on behalf of intervening party in lengthy administrative hearing as to insurance company conversion and merger.

  • Incorporated and obtained regulatory approval for new Kansas health insurance company.

  • Incorporated and obtained Kansas regulatory approval for new Kansas title insurance company.

  • Defended major insurance companies in claims over life insurance and disability insurance policies.

  • Assisted in organization and policy forms development of new Kansas professional liability underwriter.

  • Appeared before state insurance commissioner as to various regulatory matters.

  • ERISA AND Employee Benefits:

  • Preparation and submission of individually designed and drafted 401(k) plans, ESOP and defined benefit plans to IRS.

  • Drafting of SERP and other non-qualified deferred compensation plans.

  • Representation of ESOP involved in corporate acquisition.

  • Conducted HIPAA privacy training for group health plan personnel of large local company.

  • Substantial ERISA litigation experience, primarily focusing on disability benefits.

  • Preparation and counseling as to cafeteria and related benefit plans.

  • Representation of 403(b) plan in IRS audit in which tax-exempt status of plan sponsor was revoked but ultimately restored after tax court action.

  • Preparation of insurance company master/prototype defined contribution plan and submission for IRS approval.

  • Development of self-insured health plans.

  • Preparation of managed care contracts.

  • Taught employee benefits law at Washburn Law School.

  • Insurance Regulatory Issues:

  • Lead counsel on behalf of intervening party in lengthy administrative hearing as to insurance company conversion and merger.

  • Incorporated and obtained regulatory approval for new Kansas health insurance company.

  • Incorporated and obtained Kansas regulatory approval for new Kansas title insurance company.

  • Defended major insurance companies in claims over life insurance and disability insurance policies.

  • Assisted in organization and policy forms development of new Kansas professional liability underwriter.

  • Appeared before state insurance commissioner as to various regulatory matters.

  • Taught insurance law at Washburn Law School.

Partner – Goodell, Stratton, Edmonds & Palmer, L.L.P. 1974-2007

Send Email 785.354.9413
2013
  • Enforcement of HIPAA Strengthened by the MegaRule (Foulston Siefkin, HIPAA MegaRule Decoded: Health Care Providers Forum)
  • I'm Conflicted: Handling Conflicts of Interest & Other Governance Issues (Foulston Siefkin LLP, Health Law Institute)
2011
  • Health Care Contracting Issues (Healthcare Financial Management Association Annual Meeting)
2010
  • Physician and Hospital Contracting Issues (Foulston Siefkin Kansas Health Law Institute)
2008
  • Kansas Health Care-Governmental - Risk Management and Insurance (Foulston Siefkin Kansas Health Law Basics Conference)
  • Breaking it Down: Governing and Operational Documents for Health Care Organizations (Foulston Siefkin Kansas Health Law Basics Conference)
  • Dealing with Subpoenas and Court Orders for Production of Records to Health Care Providers (Health Law Institute)

  • Send Email 785.354.9413