• Share
  • Email
  • Print

Carla M. DewBerry

Partner
+1.206.370.8317
Fax +1.206.623.7022

Carla DewBerry practices in the areas of health care law; mergers and acquisitions; and federal, state and local tax. Ms. DewBerry represents health care clients in Medicare and Medicaid reimbursement matters, including related audits and litigation. In addition, she is an experienced tax and business counselor and represents clients in corporate restructurings, joint venture operations, licensing, and federal and state taxation matters. She provides counsel for clients outside the health care industry as well.

Ms. DewBerry's experience includes working as a practicing CPA at a large accounting firm where she was part of a firmwide health care group. She brings to her law practice a practical, in-depth understanding of how financial information is generated, stored and retrieved in the health care industry. This understanding is especially helpful in Medicare/Medicaid reimbursement matters.

Professional Background

Most recently, Ms. DewBerry was an owner of the private law practice Garvey Schubert Barer. The primary areas of focus included general corporate law, tax law, and health care law with an emphasis in regulatory compliance (federal and local) and reimbursement issues.

Previous to that, she was a shareholder in Bennett Bigelow & Leedom, P.S., a law firm specializing in health care services. Ms. DewBerry was also a tax manager of a large multi-national accounting firm where her primary areas of focus included hospital reorganizations, federal and state tax law, and health care reimbursement.

Achievements

  • Named in Martindale-Hubbell Bar Register of Preeminent Women Lawyers, 2012
  • Named a "Top Lawyer" for Healthcare in Seattle Met magazine, 2010
  • Named by peers to The Best Lawyers in America in the area of Healthcare, 2007, 2010-2016
  • Martindale-Hubbell AV/5.0 Peer Review Rated

Professional/Civic Activities

  • Member, Washington State Bar Association, 1986-present
  • Member, State Bar of California, 1980-present
  • Member, King County Bar Association
  • Member, National Bar Association
  • Member, Board of Directors, Washington State Society of Healthcare Attorneys, 1997-1998
  • Member, American Health Lawyers Association
  • Member, Texas Society of Certified Public Accountants
  • Member, Board of Directors, Healthcare Financial Management Association, 1997-2001, 2011-2014
    • President, 2013 - 2014
  • Member, Board of Directors, Benaroya Research Institute, 2009-present
  • Chair, Washington State Tobacco Settlement Authority
  • Member, Board of Directors, Capitol Hill Housing Improvement Program, 1986-2007
  • Member, Board of Directors, Community Health Plan of Washington, 2009-present
  • Represented large medical group in merger with an enterprise affiliated with a publically traded dialysis company.
  • Assisted in-house counsel in addressing acquisition of an operating health care enterprise, including contract review and state/federal license issues.
  • Guided client in the transfer of California laboratory licenses and MediCal provider agreements upon the client’s acquisition of several California laboratories.
  • Drafted and negotiated agreements with healthcare wellness clinics providing services at employer work sites.
  • Draft and review business associate agreements for hospitals, data management firms, and benefit plans.
  • Successfully represented a Tribe in resolving issues raised in a Medicaid audit conducted by the Centers for Medicare and Medicaid Services.
  • Represented hospital-based physicians in an appeal of issues related to Medicare participation before the Department of Health and Human Services, Departmental Appeals Board.
  • Led team comprised of attorneys, health care practitioners and accountants in the development of compliance programs for hospitals and other health care providers.
  • Represented pharmacy with operations in Washington and Oregon in responding to allegations of Medicare and Medicaid fraud. Worked closely with criminal counsel to successfully resolve the civil fraud claims against the pharmacy. 
  • Represented 26 hospitals in lawsuit against the State of Washington seeking additional monies when Medicaid payments under the state Medicaid program were improperly calculated.
  • On behalf of a hospital client, secured a favorable ruling from the Washington State Court of Appeals holding that monies earned under the federal CHAMPUS program qualified for favorable state tax treatment under Washington’s gross receipts tax.
  • Secured determination from the Board of Tax Appeals that a new outpatient hospital facility qualified for the State of Washington property tax exemption where the new facility did not provide inpatient beds.
  • Assisted two public hospital districts participating in Medicare in securing hospital based status for a new facility which was formed to meet the medical needs of individuals residing in both districts.
  • Represented hospitals in evaluating plans to affiliate with other hospitals, negotiating affiliation agreements and securing required licenses and authorizations.
  • Assisted multi-site medical practices in developing organizational structures which allow for practice integration while also allowing for local decision making at the practice level.
  • Represented a physician in federal Medicare fraud investigation leading to prosecutorial decision not to file charges against the physician.
  • Negotiated physician-hospital affiliation arrangements, including drafting organization documents and employment agreements.
  • Regularly directs and oversees internal investigations at clients’ facilities.
  • Successfully represented a chain of hospitals and favorably resolved allegations of Medicare fraud in the context of the nationwide laboratory unbundling investigation.
  • Secured federal tax exemption for health care enterprises.
  • Worked with consultants engaged by a client to develop the structure of an affiliation between a physician group and a hospital.
  • Successfully represented several hospitals in securing state approval of increased rates.
  • Successfully argued in the Washington State Court of Appeals that a non-profit hospital is constitutionally entitled to earn a fair rate of return on its capital investment in hospital operations.