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Desktop Image: Allen, Darby
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Darby Allen

Partner

Co-chair, Women Attorneys Affinity Group

T 206.757.8199 Seattle
I simplify the regulatory landscape so my clients can focus on the important things – like curing cancer.
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Darby Allen focuses her practice on the healthcare industry, advising health systems and other providers, as well as innovators in the industry. Darby's breadth of experience with healthcare providers allows her to consider the spectrum of regulatory issues in play even with seemingly small questions. She has a particular interest in helping clients understand complex Medicare and Medicaid billing and reimbursement rules.

Darby has extensive experience with the Stark Law and federal and state anti-kickback laws, including structuring compliant physician arrangements and representing clients in civil and administrative enforcement matters. Darby regularly assists clients with internal investigations, self-disclosures, and Medicare and Medicaid audit responses.

Practice Highlights

Complex internal investigations

Assisting healthcare providers with investigating suspected billing errors and non-compliance with fraud and abuse laws to assess merit of allegations, design corrective action, and make disclosures to state and federal governments.

Physician relationships

Helping hospitals and health systems implement compliant physician arrangements such as employment, hospital-based physician agreements, and joint ventures for specialty services.

Medicare and Medicaid reimbursement

Navigating the complex world of Medicare and Medicaid reimbursement to help clients get paid for the high-quality, valuable services they provide to patients.

Audits, Investigations, and Appeals

Self-disclosure related to orders for diagnostic services

Advised academic medical center in internal review of suspected non-compliance with Medicare practitioner order requirements for diagnostic services. (2019-2020)

Provider-based status for hospital departments

Assisted multi-hospital health system conduct internal compliance review of provider-based departments and designed disclosure strategy. (2018-2019)

Provider-based status for hospital departments*

Drafted ALJ hearing requests appealing denial of provider-based status for two hospital departments resulting in grant of provider-based status. (2016)

Fraud investigations for Medicaid providers*

Represented several Medicaid providers in fraud investigations totaling over $150 million by the Texas Health and Human Services Commission’s OIG, resulting in return of payment hold funds and favorable settlements. (2011-2016)
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Billing and Reimbursement

Medicare and Medicaid reimbursement and billing rules

Advising healthcare providers on Medicare and Medicaid billing rules for physician services, hospital services, and ancillary services. (Ongoing)
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Transactions and Physician Arrangements

Restructuring medical group

Advised health system on restructuring its employed physician operations to create a unified medical group, including development of contracts between health system components and analysis of billing implications of restructuring. (2019-2020)

Service line joint venture

Represented hospital in developing new obstetrics service line as a joint venture with another health system pursuant to a strategic alliance agreement. (2018-2019)

Physician compensation arrangements

Working with fair market value consultants to design physician compensation arrangements, including consideration of in-demand specialties, disproportionate call burdens, and incremental expense reimbursement in physician recruitment arrangements. (Ongoing)

Physician employment and service agreements*

Served as outside general counsel for multihospital system advising on physician employment and service agreements, including cardiovascular service line co-management agreement and hospital-based physician coverage agreements. (2014-2017)
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Admitted to Practice

  • Texas, 2010
  • Washington, 2018

Education

  • J.D., University of Houston Law Center, 2010, magna cum laude
    • Business Development Editor, Houston Journal of Health Law and Policy
  • B.S., Biology, University of Texas at Austin, 2006

Memberships & Affiliations

    • Secretary, Executive Committee, Davis Wright Tremaine
    • American Health Lawyers Association, 2010-present
    • Washington State Society of Healthcare Attorneys, 2017-present
    • Texas Bar Association, Health Law Section, 2010 -present
    • Washington Medical Legal Partnership Advisory Board Member, 2017-present

Professional Recognition

    • Listed as "Up and Coming" by Chambers USA in Healthcare (Washington), 2023-2024
    • Named as one of the "Best Lawyers in America" by Best Lawyers in Health Care Law, 2025-present
    • Selected to "Washington Rising Stars," Thomson Reuters, 2023-2024

Background

    • Associate, 2010-2017; Summer Associate, 2009 – Baker & Hostetler LLP, Houston
    • Claims and Litigation Intern, Houston Methodist, Houston, 2008
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