Randal L. Payne, Director

Born El Paso, Texas, November 30, 1956. Southwest Texas State University (B.B.A., 1980); South Texas College of Law (J.D., 1985). Admitted to Texas Bar in 1985, U.S. District Court - Southern District of Texas, U.S. Court of Appeals - Fifth Circuit. Member: State Bar of Texas (member of Health Law, Insurance Law, Antitrust & Business Law Sections), Colorado Bar Association, American Bar Association, Texas Association of Civil Trial and Appellate Specialists, Texas Hospital Association, Texas Trial Lawyers Association, Houston Trial Lawyers Association, American Trial Lawyers Association, Transportation Lawyers Association (member of the Freight Claims & Antitrust Committee), Second Baptist Church - Houston, Texas (Deacon and Bible Study Teacher), Boy Scouts of America (member of Troop Committee - Adult Leadership). Practice Areas: Health Care Law; Business Law; Civil Trial Law, including Personal Injury; Transportation Law. Board Certified Civil Trial Law, Texas Board of Legal Specialization.

Randal Payne began his employment at Sullins Johnston Rohrbach & Magers as a law clerk in 1983, and he is currently a Director and Shareholder of the firm, as well as its Vice President. Mr. Payne has been Board Certified in Civil Trial Law by the Texas State Board of Legal Specialization since 1996, and concentrates his practice in Insurance Litigation, Health Law, Business Litigation and serious Personal Injury Litigation.

Beginning in 1985, Mr. Payne has been involved in advising and representing hospital clients on a broad range of compliance and revenue recovery matters. His Health Law experience includes drafting federal and state compliant ER/Admission Department policies and procedures; drafting ER/Admission department forms; consulting and providing in-service training for physicians and hospital personnel; drafting opinion letters on the applicability of federal and state statutes, regulations and case law to hospital operations, including the Texas Health Maintenance Organization Act, the Emergency Medical Treatment and Active Labor Act ("EMTALA"), the state Emergency Medical Services Act; recovering the cost of indigent health care pursuant to the state Indigent Health Care and Treatment Act ("IHTCA"); recovering the cost of prisoner health care from federal, state and county governments; the Texas Hospital Licensing Law; patient transfer requirements under state and federal law; and Texas Department of Health ("TDH") regulations regarding emergency medical services and other insurance verification and revenue recovery issues.

Additionally Mr. Payne has extensive trial experience representing hospitals in litigation involving negligent misrepresentation of coverage, managed care agreements, the Texas Hospital Lien laws, the Unfair Claims Settlement Practices Act, the Texas Prompt Pay laws, the Texas Health Maintenance Organization Act, federal preemption under ERISA, coordination of benefits, the Dental Practices Act, recovering the cost of indigent health care pursuant to the state Indigent Health Care and Treatment Act ("IHTCA"), recovering the cost of prisoner health care from federal, state and county governments, the Texas Hospital Licensing Law and patient transfer requirements under state and federal law.

Mr. Payne has successfully defended hospital clients accused of, and sued for, alleged violations of state anti-dumping statutes. On behalf of his hospital clients, he has successfully prosecuted numerous cases against insurance companies, HMOs, PPOs and governmental entities to recover the cost of health care on denied claims. He has successfully prosecuted a case of first impression which created appellate precedent, under Texas law, for hospitals to recover from counties the costs of health care provided to county prisoners. See Harris County v. Hermann Hospital, 943 SW2nd 547 (Tex. App. - Eastland 1997) ($745,863.56 judgment for hospital affirmed).

Mr. Payne occasionally testifies during legislative hearings before Committees considering health care legislation, and he has worked in coordination with the General Counsel of the Texas Hospital Association ("THA") and lobbyists on proposed health care legislation and TDH regulations. On behalf of hospitals and in coordination with the THA, he has drafted and submitted formal comments to TDH on proposed repeal and adoption of TDH rules relating to health care issues. He has attended workshops with TDH's Office of General Counsel and THA to develop rules relating to third party recovery in the Medicaid program.

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