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    G. Thomas Sullivan

    Senior Partner

    Birmingham
    205-716-5256
    tom.sullivan@phelps.com
    Areas Of Focus
    Health CareHealth Care TransactionsBusiness

    For more than 30 years, Tom Sullivan has represented clients in almost every aspect of the health care industry, from health systems and nursing facilities to clinicians and surgeons, suppliers, consultants and vendors. His early career experience as a contract litigator not only taught him how to try a case, but more importantly, how to identify potential issues in proposed business arrangements and address them when drafting business contracts to avoid provisions that are unclear or which invite interpretation which could produce future litigation. Such an approach allows clients to either avoid litigation altogether or anticipate and be prepared for issues, sometimes years before the case is ever filed.

    Working in the health care field also means being available to assist clients at any time—an approach that has often helped prevent transactions from failing. Tom makes it a point to be available for clients when needed, whenever and whatever the circumstances.

    Some of the issues he assists clients with include:

    • Advising on corporate matters and business operations
    • Counseling on facility acquisitions or sale transactions, joint venture arrangements and real estate transactions
    • Evaluating risks and benefits of potential litigation
    • Offering regulatory guidance
    • Preparing leases and business contracts

    In addition to his health care-based practice, Tom serves as an arbitrator on the panels of the American Arbitration Association and the American Health Law Association Dispute Resolution Service, on which he served as Chairman for several years.

    Outside of his practice, Tom is an avid Braves, SEC football and Duke Basketball fan. He enjoys traveling, working out and playing the occasional game of golf.

    Some of the issues he assists clients with include:

    • Advising on corporate matters and business operations
    • Counseling on facility acquisitions or sale transactions, joint venture arrangements and real estate transactions
    • Evaluating risks and benefits of potential litigation
    • Offering regulatory guidance
    • Preparing leases and business contracts

    In addition to his health care-based practice, Tom serves as an arbitrator on the panels of the American Arbitration Association and the American Health Law Association Dispute Resolution Service, on which he served as Chairman for several years.

    Outside of his practice, Tom is an avid Braves, SEC football and Duke Basketball fan. He enjoys traveling, working out and playing the occasional game of golf.

    Experience

    • Served as local counsel to a multi-state 501(c)(3) health system in its acquisition from a publicly traded for profit entity of its controlling of interest in a joint venture that owns and operates five acute care hospitals and health care related assets in Birmingham and surrounding counties. Led the firm’s team in a comprehensive due diligence process and subsequent services required for a transaction exceeding $900 million, addressing purchase agreements, real estate, licensure transfers, healthcare regulatory and bond financing issues, relationships and agreements with governmental Medical Clinic Boards, tax matters, governmental affairs, litigation reviews, entity formation and governance.
    • Advised a faith-based health system with national operations in its $450 million sale of a five-hospital health system and related health care assets in Birmingham, St. Clair, Blount and Chilton counties to a Birmingham-based academic medical center.
    • Ongoing representation of an Alabama-based 501(c)(3) health system that operates multiple Long Term Acute Care Hospitals and Skilled Nursing Facilities in general corporate matters and ongoing acquisitions, including its recent acquisition of a substantial facility in Dothan.
    • Advised national faith-based hospital system in ad valorem tax and sales tax issues resulting from unwinding of 501(c)(3) bond transaction.
    • Led national hospital accreditation agency’s response to discovery in opioid litigation.
    • Responded to a Medicare UPIC audit to obtain relief from a suspension without notice from the Medicare program in connection with a claims audit and recoupment action taken against a skilled nursing facility, recovered the reimbursement withheld and ultimately resolved the audited claims for a small fraction of the initial amount.
    • Transitioned ownership of a sizeable specialty medical group practice from its founder to its physician employees, handled integration of several new surgeons recruited from a competing practice, restructured ancillary services and revised practice compliance program.
    • Facilitated the sale of several medical office buildings for a 501(c)(3) hospital system, as well as the imposition of restrictive covenants on the hospital campus in conjunction with the sale.
    • Served as principal external counsel for a 501(c)(3) health care organization with multiple hospitals, including a merger transaction with national faith-based hospital system.
    • Helped Medicaid managed care organization owned by a consortium of Birmingham area hospitals operate the Alabama Medicaid Maternity program.
    • Represented a charitable foundation in an arbitration involving attempt by tenant to terminate its lease of client’s hospital facility, prevailing on all counts and protecting the revenue stream of the foundation.
    • Responded to a Medicare UPIC audit to obtain relief from a suspension without notice from the Medicare program in connection with a claims audit and recoupment action taken against a skilled nursing facility, recovered the reimbursement withheld and ultimately resolved the audited claims for a small fraction of the initial amount.
    • Transitioned ownership of a sizeable specialty medical group practice from its founder to its physician employees, handled integration of several new surgeons recruited from a competing practice, restructured ancillary services and revised practice compliance program.
    • Facilitated the sale of several medical office buildings for a 501(c)(3) hospital system, as well as the imposition of restrictive covenants on the hospital campus in conjunction with the sale.
    • Served as principal external counsel for a 501(c)(3) health care organization with multiple hospitals, including a merger transaction with national faith-based hospital system.
    • Helped Medicaid managed care organization owned by a consortium of Birmingham area hospitals operate the Alabama Medicaid Maternity program.
    • Represented a charitable foundation in an arbitration involving attempt by tenant to terminate its lease of client’s hospital facility, prevailing on all counts and protecting the revenue stream of the foundation.

    Insights

    • August 15, 2024

      185 Phelps Lawyers Chosen for Best Lawyers in America, 20 Named "Lawyer of the Year," 26 Added to “Ones to Watch” List…

    • April 26, 2024

      University of Alabama School of Law Presents Navigating Health Care Enforcement Trends in 2024 and Beyond…

    More +
    • August 29, 2023

      Health Care Industry Should Prepare for Growing Federal Compliance Focus…

    • August 17, 2023

      Best Lawyers in America Selects 208 Phelps Lawyers, Names 12 "Lawyer of the Year," Adds 47 to "Ones to Watch" List…

    • August 18, 2022

      Best Lawyers in America Selects 158 Phelps Lawyers, Names 10 "Lawyer of the Year," Adds 40 to "Ones to Watch" List…

    • January 11, 2022

      Five Steps Health Care Providers Should Take as DOJ Expands Cybersecurity Oversight…

    • November 30, 2021

      Super Lawyers Names 23 Phelps Attorneys to 2021 Mid-South Lists…

    Recognition

    • AV Preeminent Peer Review Rated, Martindale-Hubbell
    • Mid-South Super Lawyers, Super Lawyers (2019-2021)
    • Corporate Law (2013-2025), Health Care Law (2012-2025), Insurance Law (2016-2025), The Best Lawyers in America
    • AV Preeminent Peer Review Rated, Martindale-Hubbell
    • Mid-South Super Lawyers, Super Lawyers (2019-2021)
    • Corporate Law (2013-2025), Health Care Law (2012-2025), Insurance Law (2016-2025), The Best Lawyers in America

    Education

    • University of Alabama School of Law, LL.M., Taxation, 1994
    • Samford University, Cumberland School of Law, J.D., 1977
    • Emory University, B.A., 1974
    • University of Alabama School of Law, LL.M., Taxation, 1994
    • Samford University, Cumberland School of Law, J.D., 1977
    • Emory University, B.A., 1974

    Credentials

    • Alabama
    • U.S. District Court, Northern District of Alabama
    • U.S. District Court, Southern District of Alabama
    • U.S. Court of Appeals for the Eleventh Circuit
    • U.S. Supreme Court
    • Alabama
    • U.S. District Court, Northern District of Alabama
    • U.S. District Court, Southern District of Alabama
    • U.S. Court of Appeals for the Eleventh Circuit
    • U.S. Supreme Court

    Memberships and Affiliations

    Professional

    • Birmingham Bar Association
    • American Health Lawyers Association
    • Alabama State Bar Association

    Civic

    • American College of Healthcare Executives - Faculty Member

    Professional

    • Birmingham Bar Association
    • American Health Lawyers Association
    • Alabama State Bar Association

    Civic

    • American College of Healthcare Executives - Faculty Member
    • Overview
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