Heman A. Marshall, III

Heman A. Marshall III practices primarily in the areas of health law, general corporate and antitrust.  He provides counsel and guidance to a broad range of hospitals, hospital systems, clinics, physician group practices, individual physicians, long-term care facilities, and other health care providers.  His areas of concentration allow him to bring a broad perspective to address his clients’ needs, primarily in the health care and related fields including but not limited to, assisting his clients in the complex areas of federal and state regulatory schemes such as Stark II, state and federal anti-kickback laws, Medicare and Medicaid reimbursement issues, managed care negotiations, physician hospital contracting, and joint venture efforts.  In addition, he has guided health care clients in professional licensure actions, professional staff and managed care credentialing issues, certificate of public need questions and all other major areas of health care law.  His general corporate expertise adds value in areas such as structuring ancillary activities among health care providers, and his antitrust experience enables him to address the antitrust aspects of physician independent practice associations (“IPA’s”), hospital physician organizations (“PHO’s”), marketing and distribution aspects of health care systems, and other similar issues.

He has served as the Coordinator of the firm’s Health Law Practice Section since its inception in the early 1980’s, and was the initial Chairman of the Virginia Bar Association Health Law Section upon its founding.  He has also served as the Chairman of the Virginia State Bar Health Law Section and the Virginia State Bar Antitrust, Franchise and Trade Regulations Section, and is currently a member of the Governing Counsel of the Virginia Bar Association Health Law Section. 

Heman has lectured extensively to attorneys and health care professionals on numerous topics including HIPAA/HITECH, Stark II and Anti-Kickback compliance, the proper structuring of IPA’s and PHO’s under federal antitrust guidelines, general medical records confidentiality issues, Virginia’s Advanced Directive statutes, health care risk management issues, and managed care contracting techniques.  His published works include a chapter in the ABA publication “The Managed Care Experience”, a chapter in the Aspatore series , “Inside the Minds”, “Structuring Health Care Partnerships, Agreements, and M & A Transactions”, entitled “Health Care Deal Considerations and Strategies” (Aspatore, 2007).

He is currently a member of the Virginia State Bar and Virginia Bar Association, the American Bar Association, the ABA Health Law Section serving on several of its special committees, and the American Health Lawyers Association.  He is listed in the “Best Lawyers in America” under the categories of both Health Care Law and Antitrust, “Virginia’s Legal Elite”, “Virginia’s Super Lawyers” and numerous Who’s Who publications including Marquis’ Who’s Who in American Law.  He was recently made a member of “Outstanding Lawyers of America” and is a fellow of both the Virginia Bar Foundation and the American Bar Foundation.

Heman’s other professional and civic activities include serving for four years on the Board of Governors of the Virginia Bar Association and as Chairman of the Law Practice Management Division of that organization.  From 1995 through 2002, he served as President and/or Chairman of the Board of Woods Rogers, PLC, chairing many of its committees including Strategic Planning and Compensation.  Within the community he has served as Building Committee Chairman and President of the Art Museum of Western Virginia and, as a member of the Board, and presently of the Advisory Board of the Bradley Free Clinic, as a board member of the regional National Conference for Community and Justice, and the Kimoyo Foundation.  He is a recipient of the Virginia Governor’s Award for Volunteering Excellence, for his efforts with the Bradley Free Clinic’s major capital program.

He graduated with high distinction with a Bachelor of Arts degree from the University of Virginia in 1972, being inducted into Phi Beta Kappa, and received his Juris Doctorate from the University of Virginia in 1975.  He is admitted to the U.S. District Court for the Western Eastern District of Virginia, the U.S. Court of Appeals for the Fourth Circuit and the United States Supreme Court.

Professional Affiliations

• Roanoke Bar Association
• Virginia State Bar, 1988 - 1989, Chair, Board of Governors, Health Law Section; 1989 - 1990, Chair, Board of Governors, Antitrust Franchise and Trade Regulation Section
• Virginia Bar Association, 1999 - 2001, Executive Committee; 2002, Board of Governors; 2002 - 2003, Chair, Law Practice Management Division; 1992 - 1994, Chair, Health Law Section; 2006 - present, Member, Health & Law Section Council
• American Bar Association, Antitrust Section; Health Law Section
• Virginia Law Foundation, Fellow
• American Health Lawyers Association
• American Bar Foundation, Fellow

Professional Activities and Honors

• Art Museum of Western Virginia, 2001 - 2002, President, 2002 - present, Trustee
• National Conference for Community and Justice, Board Member
• The Binaba Mission, Board Member
• 1988 Governor's Award for Volunteering Excellence
• Bradly Free Clinic, former Board Member