Lucas R. Moyer

Of Counsel

(405) 552-2309
luke.moyer@mcafeetaft.com
Oklahoma City

Overview

Luke Moyer is a healthcare lawyer and certified privacy professional whose practice encompasses the areas of healthcare transactions, day-to-day business consulting, federal and state administrative and regulatory compliance, and HIPAA and health privacy matters.

Much of Luke’s work is focused on counseling healthcare providers and organizations on a broad range of healthcare issues, including guidance, laws and regulations concerning Stark and Anti-Kickback Statute compliance; antitrust concerns; Medicare, Medicaid, and other governmental and commercial payer enrollment, billing, reimbursement, and change of ownership; internal and government investigations; controlled substances laws; telehealth issues; and licensure and accreditation. Luke also advises on transactional and corporate matters, including business formation and start-up matters, reorganization and recapitalization transactions, mergers and acquisitions, divestitures, joint ventures, corporate governance and compliance issues, management agreements, professional services agreements, employment agreements, and other general business matters.

Luke earned his Certified Information Privacy Professional/United States (CIPP/US) credentials from the International Association of Privacy Professionals and is a member of the firm’s dedicated HIPAA Compliance and Health Privacy Team and its Cybersecurity and Privacy Group. His extensive work in these areas include assisting clients in developing and implementing HIPAA compliance programs, advising on the use of AI and other emerging areas of risk, responding to cyber and ransomware attacks, investigating potential breaches, and providing breach notifications.

After graduating at the top of his class from the University of Tulsa College of Law in 2016, Luke was commissioned as an active duty Judge Advocate in the U.S. Army, in which he attained the rank of captain. He was one of three attorneys selected to serve in the prestigious Honors Program in the Office of the Army General Counsel, where he served in the Pentagon as assistant general counsel.  In that capacity, he acted as privacy counsel, advisor on the Army’s privacy breach response team, and as lead attorney for matters involving congressional investigations and relations for more than five years.

Prior to joining McAfee & Taft, Luke worked in the private sector as a privacy and compliance attorney for a regional public trust health system and as corporate counsel for an Oklahoma-based for-profit healthcare organization. His broad base of client-side hands-on experience includes advising on a myriad of business and legal matters, including state and federal laws regulating the healthcare industry, privacy protection and incident response, mergers and acquisitions and real estate transactions, corporate formation and governance, and development and maintenance of compliance programs consistent with Department of Justice and Office of Inspector General regulations and guidance. Luke also has experience overseeing insurance defense litigation and negotiating and drafting a broad range of agreements, including consulting agreements, operating agreements, leases, business associate agreements, data use agreements, and nondisclosure agreements.

Luke’s achievements have earned him inclusion in Oklahoma Super Lawyers’ list of “Oklahoma Rising Stars,” which recognizes the state’s up-and-coming attorneys.

Representative Experience

  • Represented a regional healthcare provider in the acquisition of a retail pharmacy, drafting and negotiating the purchase agreement and obtaining relevant licensure, registration, and certification from the relevant regulatory bodies, including the Board of Pharmacy, the Oklahoma Bureau of Narcotics and Dangerous Drugs, and the Drug Enforcement Agency.
  • Advised multiple technology startups on the use of health information and artificial intelligence in technology platforms and offerings.
  • Counseled licensed professionals and entrepreneurs on the establishment and operation of medical spas in Oklahoma in compliance with scope of practice rules and other regulations.
  • Represented a physician practice in the disaffiliation with a physician owner/employee.
  • Advised a technology company on the development of an electronic medical record in compliance with various health laws, including HIPAA, the Part 2 Rule, and information blocking rules.
  • Advised on the acquisition of a Virginia-based Program of All-Inclusive Care for the Elderly (PACE) organization. Oversaw and drafted change of ownership documentation and participated in engagements with state and federal regulators. Performed due diligence and negotiated purchase agreement and associated documents
  • Represented seller in the sale of an inpatient rehabilitation hospital. Managed internal due diligence team and drafted and negotiated the asset purchase agreement, facility lease, and other transaction documents.
  • Counsel for seller in an equity transaction involving more than 20 outpatient physical therapy clinics. Advised on compliance aspects of the transaction, including matters involving the Stark Law, HIPAA, and other regulatory matters.
  • Represented healthcare providers in drafting and negotiating physician agreements, including employment and personal services agreements, while advising on Stark Law and Anti-Kickback Statute (AKS) considerations related to such engagements.
  • Represented covered entities responding to security incident arising from unauthorized uses of PII and PHI, including drafting and providing notifications to state and federal regulators and affected individuals when required by HIPAA or other applicable law.

Professional Organizations

  • Oklahoma Bar Association (Vice Chair, Health Law Section)
  • American Health Law Association

Civic Involvement and Leadership

  • National PACE Association Veterans Working Group (Former Member)

Healthcare

  • Oklahoma, 2016
  • J.D., summa cum laude, University of Tulsa, 2016
    • Articles & Research Editor, Tulsa Law Review; 12 CALI Awards
  • B.A. (Political Science), Oklahoma State University, 2013
  • Certified Information Privacy Professional/United States (CIPP/US)