Contact: (615) 251.5468 rsmith@hubbardberry.com
Robyn Smith is a member of the firm. Ms. Smith’s law practice consists primarily of representing health care companies, non-profit corporations and associations and their members, small businesses, and receivers of corporations in liquidation and rehabilitation. In the area of health care, Ms. Smith advises clients on regulatory matters; negotiates and drafts provider, payor, and third party administrator contracts; represents clients in rulemaking proceedings; and works on mergers and acquisitions. Ms. Smith has extensive experience representing the receivers of companies that have been placed in liquidation or rehabilitation by state courts and representing nonprofit membership corporations whose members do business with the State of Tennessee. Ms. Smith also represents clients in matters before state licensing boards, in the formation of business start-ups, and in declaratory judgment actions against the State of Tennessee to enforce the State’s compliance with laws.
Education
J.D., University of Tennessee, 1993
B.S., East Tennessee State University, 1984, magna cum laude
Professional Activities
Ms. Smith has practiced law with Hubbard, Berry & Harris since graduating from law school in 1993.
Prior to law school, Ms. Smith worked for six years in administration for the State of Tennessee court system, where she directed the development of the State of Tennessee’s initial weighted caseload analysis and establishment of criteria for determining the need for additional state judgeships.
Court Admissions
Tennessee Courts
United States District Court for the Middle District of Tennessee
Professional and Civic Organizations
East Nashville Hope Exchange, Board of Directors, Secretary
Carl and Lovie Mae Smith Emergency Animal Rescue and Survival Services, Inc., d/b/a Lovie’s Legacy, Education Committee
The Community Foundation of Middle Tennessee, H. Franklin Brooks Philanthropic Fund, Advisory Board Member 1997-2007
Representative Matters
Advise start-up companies regarding business entity selection and draft documents for the creation of for-profit corporations, nonprofit corporations, and limited liability companies.
With William Hubbard, represent the interests of members of the Tennessee Hospital Association and the Virginia Health and Hospital Association in the Reciprocal of American (ROA) Liquidation and related class action litigation.
With William B. Hubbard, represent the Federal Trade Commission’s Hold Separate Trustee involving the divestiture of hospitals related to Universal Health Services’ acquisition of Psychiatric Solutions.
Represent Receivers of TennCare Managed Care Company, Self-Insured Workers’ Compensation Trust, and other Insurance Companies with William B. Hubbard, Cynthia Wiel, and Marc Jenkins in matters concerning statutory compliance and asset recovery. Pursued litigation to recover companies’ assets and litigated creditors’ claims disputes before Court Appointed Referee, Chancery Court, and the Court of Appeals.
With William B. Hubbard, Cynthia Wiel, and Marc R. Jenkins, reached a settlement with the State of Tennessee for $20 million for its failure to disclose information it possessed regarding the health conditions of enrollees assigned to a TennCare Managed Care Organization.
Represented parties in merger and acquisition of managed care companies, nursing homes, dental practice, insurance company, and telecommunications hardware installation company. Drafted purchase agreements, prepared applications for state and federal regulatory approvals, and kept all documents current as parties modified the transactions.
Streamlined preferred provider organization’s interrelated contract templates. Established consistent terms and provisions, eliminated unnecessary provisions, and ensured accurate reflection of company’s operation.
With William B. Hubbard, successfully represented association of community providers for the intellectually disabled in an action against the State of Tennessee to enforce the State’s obligation to assess in writing the fiscal impact on providers of a new requirement the State adopted. Tennessee Community Organizations v. Tennessee Dept. of Finance & Admin., 2009 WL 2393109 (Tenn. Ct. App.).
Negotiated and played a key role in Lovie’s Legacy contracting with Metro Nashville Public Schools beginning with the 2010 school year to provide classroom instruction to children in pre-K through grade 2 on being kind to animals.
Drafted amicus briefs with William B. Hubbard to assert the interests of the Tennessee Hospital Association in cases before the Tennessee Supreme Court and the Tennessee Court of Appeals. Representative cases include the following: Barkes v. River Park Hosp., Inc., 328 S.W.3d 829 (Tenn. 2010) (asserting that a hospital may not be directly liable independent of any liability based on hospital’s employees or agents); Shelby County Health Care Corp. v. Nationwide Mut. Ins. Co., 325 S.W.3d 88 (Tenn. 2010) (asserting that a statutory hospital lien extends to automobile insurance policy medical payment benefits); Robinson v. LeCorps, 83 S.W.3d 718 (Tenn. 2002) (asserting that Tennessee’s “locality rule” concerning expert testimony in a medical malpractice case should not be enlarged to encompass a national standard of care; the court ruled in favor of the position asserted); and Maury County ex rel. Maury Regional Hosp. v. Tennessee State Bd. of Equalization, 117 S.W.3d 779 (Tenn. Ct. App. 2003) (asserting that a hospital’s property located within a county that is not the hospital’s home county was exempt from taxation by the county due to hospital’s regional public purpose).
Personal Information
Raised in Johnson City, Tennessee. Ms. Smith and her partner have lived in urban, East Nashville for over 16 years.