Fulbright & Jaworski L.L.P.
- Health Care
- Health Care Mergers and Acquisitions
- Health Care Joint Ventures
- Health Care Regulation and Compliance
Todd Kelly is a partner who joined the Dallas office of Fulbright & Jaworski L.L.P. in 1995. Prior to joining Fulbright, Mr. Kelly was a shareholder at Law, Snakard & Gambill in Fort Worth, Texas.
Mr. Kelly's practice is devoted to health law regulatory and related transactional and business matters. He is board certified in health law by the Texas Board of Legal Specialization.
Mr. Kelly focuses exclusively on health law matters and the representation of clients in the health industry. He has particular expertise in:
- Acquisition and divestiture of health care properties, facilities and organizations, including hospitals, ancillary service lines and medical practices
- Health care joint ventures and syndications, including hospitals, surgery centers and ancillary services providers
- Co-management and service-line management arrangements
- Management services, leasing arrangements and licensing agreements
- Hospital-physician contracting and relationships
- Physician employment and recruitment
- Physician practice management, practice management companies, and corporate practice of medicine issues
- Purchased services agreements and the purchase of services "under-arrangements"
- Analysis of physician self-referral (Stark) and fraud and abuse issues
- Unique issues facing tax-exempt organizations in the health industry
- Licensure, enrollment, certification, accreditation, billing and reimbursement
For example, he has recently represented health industry clients in connection with:
- Sales of hospitals to private and governmental entities
- Purchases of hospitals by private and governmental entities
- Sales of imaging facilities
- Ambulatory surgery center joint ventures
- Hospital joint ventures
- Medical practice management, acquisition and divestiture, and transactions involving physician practice management companies
- Development, management, co-management and service-line arrangements
- Medical device distribution
- Requests for advisory opinions
- Purchased services and under-arrangements contracts
- Leases of medical office space and medical equipment
- Physician employment and recruitment
- Development of ancillary service lines, such as radiation therapy, CTA and PET scanning
- Provider licensure, certification, billing and reimbursement matters
- Network formation and operation
- Contracting, financing and related issues facing start-up and mature health care organizations
- American Health Lawyers Association
- American Bar Association - Health Law Section
- State Bar of Texas - Health and Business Law Sections
- "Texas Super Lawyer," Health Care, Law & Politics
- The Best Lawyers in America, Health Care
- "Dealmakers' Hot Topic Update: Healthcare M&A Traps for the Unwary – The Short List of Must Knows," Fourth Annual Southwest Healthcare Transactions Conference, Dallas, Texas, April 27-28, 2011
- "General Counsel Forum – Current Transactional and Regulatory Issues," 7th Annual Health Law Symposium, sponsored by Fulbright & Jaworski L.L.P., Houston, Texas, February 3-4, 2011
- Panelist, "Deal Risk Management Strategies," Third Annual Southwest Healthcare Transactions Conference, Dallas, Texas, May 5-6, 2010
- Webinar co-presenter, "Mixed Messages and Moving On: Health System Strategies With or Without Health Care Reform," sponsored by Fulbright & Jaworski L.L.P. and Cain Brothers, April 20, 2010
- "Health Care Transactions - Valuation Issues," 6th Annual Health Law Symposium, sponsored by Fulbright & Jaworski L.L.P., Houston, Texas, February 4-5, 2010
- Panelist, "Financing IT," The Health Industry Council, North Texas Health & Technology Forum, September 24, 2009
- Co-Presenter, "Texas Legislative Update," Dallas Bar Association Health Law Section, July 15, 2009
- Panelist, "Private Equity's Outlook on the Healthcare Industry Under the Obama Administration," 2nd Annual Southwest Healthcare Transactions Conference, Dallas, Texas, May 20-21, 2009
- "Business Transactions," 5th Annual Health Law Symposium, sponsored by Fulbright & Jaworski L.L.P., Austin, Texas, February 5-6, 2009
- Co‑Presenter, "Another Round of Stark Regulations: The Evolving Landscape of Physician Arrangements," Fulbright & Jaworski L.L.P. Health Section Teleconference, August 27, 2008
- "Establishing Fair Market Value in Hospital‑Physician Arrangements," Texas Hospital Association Audioconference, June 12, 2008
- "Deal Making Trends Between Not-For-Profit and For-Profit Organizations," Southwest Healthcare Transactions Conference, Dallas, Texas, May 30, 2008
- "Business Transactions Update," Eleventh Annual Tenet Counsel Meeting, Scottsdale, Arizona, March 20, 2008
- "Business Transactions," 4th Annual Health Law Symposium, sponsored by Fulbright & Jaworski L.L.P., Austin, Texas, February 7-8, 2008
- "Fair Market Value Update: A Conversation with the Experts," Fulbright & Jaworski L.L.P. Health Section Teleconference, September 26, 2007
- Co-Instructor, "Medical Law" Elective at the University of Texas Southwestern Medical School, 2007
- Co-author and lecturer, "Texas Legislative Update," Dallas Bar Association Health Law Section, June 20, 2007
- "Joint Venture Update," Dallas Bar Association Health Law Section, August 24, 2005
- Co-author and lecturer, "Texas Legislative Update," Dallas Bar Association Health Law Section, July 20, 2005
- "Specialty Hospital Update," Dallas Bar Association Health Law Section, February 18, 2004
- Co-author and lecturer, "Texas Legislative Update," Dallas Bar Association Health Law Section, July 16, 2003
- "Client Contracts," Healthcare Billing & Management Association, Southwest Regional Meeting, Dallas, Texas, November 4, 2002
- "Summary of Proposed Modifications to HIPAA Final Privacy Regulations," Dallas Bar Association, May 15, 2002
- Co-author and lecturer, "Current Hospital/Physician Relationships," 14th Annual University of Texas School of Law Health Law Conference, Houston, Texas, April 4, 2002
- "Valuation Issues in Healthcare Transactions," 13th Annual Health Law Forum of the Tennessee Bar Association, Nashville, Tennessee, October 25-26, 2001
- "Patient Safety & PDAs," E-Health Expo: What's Working, The Health Industry Council of the Dallas/Fort Worth Region in collaboration with The DFW Business Group on Health, September 13, 2001
- "Unwinding and Rewinding Physician Practice Affiliations: Selected Legal and Valuation Issues," 12th Annual University of Texas School of Law Health Law Conference, Houston, Texas, April 6, 2000
- "New Fraud and Abuse Safe Harbors," Fulbright & Jaworski L.L.P. General Counsel Seminar, Dallas, Texas, January 20, 2000
- "Provider-Sponsored Organizations Gain Favor," Dallas-Fort Worth Medical News, September 1997
- "The Users and Abusers Guide: Legal Issues for Data," Healthcare Collaboration Group (Dallas/Fort Worth Hospital Council) - Managing Managed Care Seminar, Dallas, Texas, February 17, 1997
- "Access to Medical Records: Mental Health Records, Substance Abuse Records, and Records of Children," Medical Educational Services, Inc., seminar, Dallas, Texas, April 16, 1995
- "State's Physicians Seek Ways to Organize for Era of Reform," Tarrant Business, August 22-28, 1994
- Co-author, "The Corporate Practice of Medicine in Texas: The Health Care Revolution Presents a Circular View of History," State Bar Section Report, Health Law, Fall 1993
- Co-author, "Clarified Regulations Provide Safe Harbor for Joint Ventures," The Business Press/Health Care Journal, August 2, 1991
- Co-author, "Business Transactions," 2nd Annual University of Texas School of Law Health Law Conference, Houston, Texas, March 22, 1990
1988 - J.D., Southern Methodist University School of Law in Dallas, Texas
1985 - B.A., English, Tulane University in New Orleans, Louisiana
As a law student, Mr. Kelly was a member of Phi Delta Phi. He has been admitted to practice before the Supreme Court of Texas, the United States District Court for the Northern District of Texas, and the Fifth Circuit Court of Appeals.



