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1 Emily R. Studebaker Of Counsel - Seattle Second & Seneca Building 1191 Second Avenue 18th Floor Seattle, WA Tel Fax Emily Studebaker practices exclusively in the area of health law, advising ambulatory surgery centers and physician practices on regulatory compliance and transactional matters. In the area of regulatory compliance, Ms. Studebaker counsels physicians on fraud and abuse laws, including the Anti-Kickback Statute, the Stark Law, and state anti-rebate and self-referral laws, and general healthcare compliance matters. She also assists clients on licensure as well as accreditation and certification issues. Ms. Studebaker represents clients in acquisitions, divestitures and joint ventures and drafts and negotiates operating agreements, asset-purchase agreements, and healthcare management agreements. She also assists clients to structure transactions to properly avoid or comply with certificate of need laws and represents clients in certificate of need review and related litigation. In 2009, Ms. Studebaker prepared a brief amicus curiae to the Washington Supreme Court on behalf of the Washington Ambulatory Surgery Center Association in Columbia Physical Therapy, Inc., P.S. v. Benton Franklin Orthopedic Associates, P.L.L.C., et al., 168 Wash.2d 421 (2010). In 2006, she prepared a brief amicus curiae to the Washington Supreme Court on behalf of the Washington Academy of Eye Physicians and Surgeons and the American Academy of Ophthalmology in Wright v. Jeckle, 158 Wash.2d 375 (2006). These cases involved claims asserted under Washington s Anti-Rebate Statute and Washington s corporate practice of medicine doctrine and Professional Services Corporation Act. Ms. Studebaker works with several medical specialty societies and currently serves as general counsel to the Washington Ambulatory Surgery Center Association. In 2009, Ms. Studebaker received the Clutch Player Award from the Washington Ambulatory Surgery Center Association for service to the ambulatory surgery industry in Washington State. Education University of Washington School of Law, J.D. Duke University, B.A., cum laude Admissions Copyright 2015 Garvey Schubert Barer. All Rights Reserved.

2 Admissions Washington Professional Recognition Clutch Player Award from the Washington Ambulatory Surgery Center Association for service to the ambulatory surgery industry, 2009 Professional Activities Member, American Health Lawyers Association Member, Washington State Society of Healthcare Attorneys Member, American Bar Association Member, Washington State Bar Association Events Washington ASC Compliance Update, Washington Ambulatory Surgery Center Association, Marysville, WA, September 18, 2014 Washington ASC Update, Washington Society of Plastic Surgeons 2014 Annual Meeting, Winthrop, WA, June 1, 2014 "Compliance Issues in Ophthalmology," Washington Academy of Eye Physicians and Surgeons Practice Management Seminar, Seattle, WA, March 7, 2014 Preventing Fraud & Abuse in ASCs, Ambulatory Surgery Center Association, Dallas, TX, May 11, 2012 "Physician and Hospital Affiliations: Key Regulatory and Transactional Issues," Washington Academy of Eye Physicians and Surgeons Practice Management Seminar, Seattle, WA, March 23, 2012 "Washington State Compliance Update," Washington Academy of Eye Physicians and Surgeons Practice Management Seminar, Seattle, WA, March 23, 2012 "Preparing for Ambulatory Surgical Facility Licensure Surveys," Washington Ambulatory Surgery Center Association Seminar, Seattle, WA, February 21, 2012 "Washington ASC Compliance Update," Washington Ambulatory Surgery Center Association, Marysville, WA, October 13, 2011 "Oregon ASC Compliance Update," Oregon Ambulatory Surgery Center Association Annual Education Conference, Portland, OR, September 23, 2011 "Physician and Hospital Affiliations: Key Regulatory and Transactional Issues," Washington State Urology Society Annual Conference, Leavenworth, WA, June 18, 2011 "ASC Compliance Update," Washington Ambulatory Surgery Center Association Fraud and Abuse Compliance Update, Seattle, WA, March 18, 2011 "Washington State Compliance Update," Washington Academy of Eye Physicians & Surgeons Practice Management Seminar, Seattle, WA, March 17, 2011 "Acquisition of Physician Practices: Key Regulatory and Transactional Issues," Northwest Academy of Otolaryngology 2011 Winter Conference, Seattle, WA, January 7, 2011

3 "The HITECH Act: Expansion of HIPAA s Privacy Protections and the Impact on Providers," Washington State Neurological Society Annual Meeting & Scientific Conference, Seattle, WA, October 2, 2010 "Oregon ASC Compliance Update," Oregon Ambulatory Surgery Center Association Annual Education Conference, Portland, OR, September 27, 2010 "Legal Pitfalls for Associations to Avoid," ASC Association Annual Meeting, Anaheim, CA, May 19, 2010 Regulation of Ambulatory Surgical Facilities and Office-Based Surgery in Washington State, Washington Ambulatory Surgery Center Association Practice Management Seminar, Seattle, WA, April 29, 2010 "The HITECH Act: New Compliance Obligations and Enforcement Risks," Washington Academy of Eye Physicians & Surgeons Annual Meeting, Seattle, WA, March 26, 2010 "HITECH Act Update," Northwest Academy of Otolaryngology Winter Conference, Seattle, WA, January 7, 2010 "RAC and HIPAA Audits: What to Expect and How to Prepare," Washington State Medical Association, Spokane, WA, October 3, 2009 "New HIPAA Breach Disclosure Requirements," Washington State Medical Association, Webinar, September 25, 2009 "RAC and HIPAA Audits: What to Expect and How to Prepare," Washington Ambulatory Surgery Center Association, Seattle, WA, September 10, 2009 "Preparing for Licensure of Ambulatory Surgical Facilities," Washington Ambulatory Surgery Center Association, Seattle, WA, May 29, 2009 "Ambulatory Surgical Facilities: Medicare Conditions for Coverage," Oregon Ambulatory Surgery Center Association, Bend, OR, October 4, 2008 "Liability Issues in Ophthalmology," Washington State Medical Association, Spokane, WA, September 27, 2008 "Ambulatory Surgical Facilities: Medicare Conditions for Coverage," Washington Ambulatory Surgery Center Association, Seattle, WA, September 12, 2008 "Stark: The Moving Target, Planning for 2008 and Beyond," K&L Gates LLP, Webinar, March 12, 2008 "Ambulatory Surgery Centers: The Complexities of Physician Ownership," Washington Ambulatory Surgery Center Association, Seattle, WA, October 19, 2007 "Ambulatory Surgery Centers: Fraud and Abuse Issues," Washington Ambulatory Surgery Center Association, Seattle, WA, June 20, 2007 "The Stark Law," Washington State Medical Association, Bellevue, Everett and Tacoma, WA, June 2007 "Medical Discipline," Washington State Medical Association, Bellevue, Everett and Tacoma, WA, June 2007 "Clinical Staff and Delegated Duties," Washington State Medical Association, Bellevue, Everett and Tacoma, WA, June 2007 Publications "MQAC Issues Interpretive Statement on Rule Governing Use of Laser, Light, Radiofrequency and Plasma Devices," Northwest ASC Update, April 13, 2015 "CMS Revises Interpretive Guidelines for Ambulatory Surgical Centers Conditions for Coverage," Northwest ASC Update, February 12, 2015 "Court of Appeals Denies Department of Health Request to Stay Thurston County Superior Court Order Invalidating New Rule Subjecting ASFs Operating Rooms Increases to

4 Certificate of Need Review," Washington Ambulatory Surgery Center Association, Legal Update, February 10, 2015 "Reimbursement Roundup: Billing Technicality Could Cost Group of Surgeons Millions," Outpatient Surgery Magazine Outpatient Surgery Magazine, December "Guide to Ambulatory Surgical Center Medicare Conditions for Coverage," Washington Ambulatory Surgery Center Association, 2014 "WASCA Files Amicus Curiae Brief in Declaratory Action to Invalidate New Certificate of Need Rule Subjecting ASFs to Review," Washington Ambulatory Surgery Center Association Legal Update, October 13, 2014 "Crosswalk of Medicare Conditions for Coverage for Ambulatory Surgical Centers and Oregon State Licensure Requirements for Ambulatory Surgical Facilities," Garvey Schubert Barer, August 18, "Department of Health Announces Certificate of Need Rulemaking Work Plan and Fee Proposals," Washington Ambulatory Surgery Center Association Legal Alert, July 25, 2014 "Lee v. Thaheld/Lee-01, LLC: Washington Court Finds Health Care Management Services Agreement Illegal," Washington Ambulatory Surgery Center Association, Legal Update, March 10, "New Credentialing Requirements for Washington s Medical Assistants Effective July 1, 2013," Washington Ambulatory Surgery Center Association, Legal Update, July 1, "Washington Ambulatory Surgical Facility Checklists," Washington Ambulatory Surgery Center Association, June 26, "HIPAA Civil Money Penalties: Is There A Limit?," Washington Healthcare News, June "Medicare Certification Survey Series: Admission and Pre-surgical Assessments," Washington Ambulatory Surgery Center Association Legal Alert, October 26, "Washington State Department of Health Investigates Compliance with Certificate of Need Law," Washington ASC Update, Summer "ASF Licensure: Is Your Center Subject to Licensure and, if so, Is It Meeting All of the Licensure Requirements?," Washington ASC Update, Spring "House Bill 1575 Allows ASCs to Regain their Licenses," Washington Ambulatory Surgery Center Association Legal Alert, March 14, "The Washington Supreme Court Allows Private Lawsuits Against Health Care Providers Who Do Not Report Suspected Child Abuse," Garvey Schubert Barer Legal Update, February "Medical Quality Assurance Commission Adopts New Office-Based Surgery Rules," Spokane County Medical Society, The Message, August "Medicare Conditions for Coverage and the New Laboratory and Radiologic Services Requirements for ASCs," Washington Ambulatory Surgery Center Association Legal Alert, August 9, "Medicare Conditions for Coverage and the New Patient Admission, Assessment and Discharge Requirements for ASCs," Washington Ambulatory Surgery Center Association Legal Alert, August 2, 2010.

5 "Medicare Conditions for Coverage and the New Infection Control Requirements for ASCs," Washington Ambulatory Surgery Center Association Legal Alert, July 26, "Medicare Conditions for Coverage and the New Governing Body and Management Requirements for ASCs," Washington Ambulatory Surgery Center Association Legal Alert, July 19, "Medicare Conditions for Coverage and the New Quality Assessment and Performance Improvement Requirements for ASCs," Washington Ambulatory Surgery Center Association Legal Alert, July 12, "MQAC Adopts New Office-Based Surgery Rules," Washington Ambulatory Surgery Center Association Legal Alert, June 22, "CMS Announces Waiver of Waiting Area Requirements for Certain ASCs," Washington Ambulatory Surgery Center Association Legal Alert, May 27, "New Developments Regarding Ancillary Services," Garvey Schubert Barer Legal Update, May 5, "Washington Supreme Court issues a decision in Columbia Physical Therapy, Inc., P.S. v. Benton Franklin Orthopedic Associates, P.L.L.C., et al.," Proliance Surgeons Outlook, Spring "Ambulatory Surgical Facility Licensure Requirements and the Meaning of 'General Anesthesia'," Washington Ambulatory Surgery Center Association Focus, Winter "MQAC Proposed New Rules Regarding Analgesia and Anesthesia Administration in Office-Base Surgical Settings," Washington Ambulatory Surgery Center Association Focus, Winter "Crosswalk of Medicare Conditions for Coverage for Ambulatory Surgical Centers and Washington State Licensure Requirements for Ambulatory Surgical Facilities," Washington Ambulatory Surgery Center Association, January 29, "Medical Quality Assurance Commission to Adopt New Office-Based Surgery Rules," Washington Ambulatory Surgery Center Association Legal Alert, October 27, "Stark II Phase III Final Rule: The Significance of 'Standing in the Shoes' of Your Practice," Washington State Medical Association Reports, November/December "Amendments to Washington's Adverse Health Events and Incident Reporting System under Engrossed Substitute House Bill 1414," Washington Ambulatory Surgery Center Association Membership Update, August "New Licensure Requirements for Ambulatory Surgery Centers in Washington," Washington Ambulatory Surgery Center Association Membership Update, June "New Legislation Requires Licensure of Ambulatory Surgery Centers," Washington Academy of Eye Physicians and Surgeons Newsletter, Spring "New Exceptions Under the Stark Law: Electronic Prescribing and Electronic Health Record Systems," Washington State Medical Association Reports, February 2007.

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