SharePrinter-friendly versionSend by emailA TitleA TitleA Title A A A Lowell C. Brown TabsetOverviewBar & Court Admission Bar & Court Admissions California Bar US Court of Appeals, 9th CircuitUS District Court, Central District of California Education University of Utah School of Law, JD, (Topics Editor, Utah Law Review), 1982 University of Utah, BA, (magna cum laude, Student body president), 1979 Lowell C. BrownPartnerLos Angeles, CA T 213.443.7516 E lowell.brown@arentfox.com Download vCard ConnectTwitterLinkedInLowell Brown is a partner in the Health Care Practice Group. He advises hospitals, medical staffs, health systems, long-term care facilities, medical groups, and other health care provider organizations in business, regulatory, and medico-legal matters, with an emphasis on laws relating to operational issues, including the design and implementation of compliance programs, practitioner credentialing, peer review, disciplinary hearings, Medicare certification, licensing and accreditation issues, and related policies and procedures. Lowell is also a nationally recognized and widely published authority on EMTALA — the federal law prohibiting improper emergency patient transfers by hospitals (“patient-dumping”). In addition, he has extensive experience defending clients against actions by the Centers for Medicare and Medicaid Services (CMS) to terminate Medicare provider agreements. Lowell’s practice also encompasses operational issues such as bioethics, medical records, and consent and confidentiality. His experience in the foregoing areas includes litigation in California and federal courts. Previous Work Prior to joining Arent Fox, Lowell was a partner for 16 years at a large international law firm, where he served in a number of leadership positions within the health law department. Previously, he has served as legal counsel for the prevailing parties in the first California appellate court decision to construe California's peer review statute, Business and Professions Code Section 809; in a key California decision regarding Evidence Code privileges in medical staff peer review cases; and in a precedent-setting California decision on the doctrine of exhaustion of administrative remedies in administrative hearings. Professional Activities Lowell has been an assistant adjunct professor at the University of Southern California. He is an active member of a number of health care organizations, including the California Association Medical Staff Services and the Healthcare Financial Management Association. Among other positions, Lowell has served as chair of the Accreditation, Licensure and Certification Interest Group of the American Bar Association's Health Law Section; as president of the California Society for Healthcare Attorneys; and in several capacities in the American Health Lawyers Association. He formerly served as chair of the executive committee of the Health Care Law Section of the Los Angeles County Bar Association, as well as on the Institutional Review Board and Bio-Medical Ethics Committee of a major Los Angeles County general acute care hospital. Lowell is a member of the board of directors of the Venice Family Clinic and of the executive board of the Western Los Angeles County Council, Boy Scouts of America. Publications, Presentations and Recognitions “The Growing Crisis in Medical Staff Peer Review Law,” Daily Journal, February 23, 2011 California Association of Medical Staff Services 11th Annual Education Conference, Torrance, CA; October 16, 2009 “A Rose by Any Other Name: The Perils of the Precautionary Suspension – Don’t Be Fooled!” Health Lawyers Weekly, Dec. 12, 2008, Vol. VI Issue 47, co-author California Association of Medical Staff Services 10th Annual Education Conference, Torrance, CA; October 17, 2008 “Kadlec: Federal Appeals Court Clarifies Hospital Duties in Disclosing Peer Review Information,” Arent Fox Client Alert; May 14, 2007, co-author “New California Statute AB 632 Could Weaken California’s Well Established Medical Staff Peer Review Process,” Arent Fox Client Alert; Nov. 7, 2007, co-author “Joining Medical Staff Peer Review With Compliance: Coordination, Not Collision.” Health Care Compliance Association Quality of Care Compliance Conference, Philadelphia, PA; October 2, 2007 (with Shannon Dwyer, Esq.) “Call Panels and the EMTALA Final Rule: What's Next for Providers?” Journal of Health Care Compliance 6 ;2004 (pp.14-17) “The New EMTALA Regulations: Implications of a Different Era,” The Health Lawyer, American Bar Association Health Law Section, 15.04; July 2003 (with Julie Mathis Nelson) Lowell C. Brown, Shirley J. Paine, & Robyn A. Meinhardt, The Emergency Medical Treatment and Active Labor Act: Practical Tips and Legal Issues (BNA's Health L. & Bus. Series No. 2900) “Peer Review Confidentiality: It's Not Just Important — It's Critical.” CAHHS Insight; March/April 1993 Lowell’s representative published cases include the following amicus letters and briefs: Smith v. Selma Community Hospital (2008) 162 Cal.App.4th 1478. Filed on behalf of St. Joseph Health System in support of Selma Community Hospital requesting the court grant the case on review. Mileikowsky v. West Hills Hospital Medical Center (2007) 154 Cal.App.4th 752. Filed in California Supreme Court on behalf of the California Hospital Association in support of petitioner, West Hills Hospital Medical Center. Mileikowsky v. West Hills Hospital Medical Center, etc., et al. Supreme Court Case No. S156986. Filed in California Supreme Court on behalf of Kaiser Foundation Hospital, Kaiser Foundation Health Plan, The Permanente Medical Group and the Southern Permanente Medical Group in support of West Hills Hospital Medical Center. Kibler v. Northern Inyo County Local Hospital District (2006) 39 Cal.4th 192. Filed in California Supreme Court on behalf of the California Hospital Association in support of Northern Inyo County Local Hospital District requesting the court grant the case on review. Potvin v. Metropolitan Life Ins. Co. (2000) 22 Cal.4th 1060. Filed in Court of Appeal on behalf of the California Association of Health Plans and the Association of California Life and Health Insurance Companies in support of Metropolitan Life Insurance Company. Mir v. Charter Suburban Hospital (1994) 27 Cal.App.4th 1471. Counsel for Charter Suburban Hospital. Scripps Memorial Hospital v. Superior Court (1995) 37 Cal.App.4th 1720. Counsel for Scripps Memorial Hospital. Bollengier v. Doctors Medical Center (1990) 222 Cal.App.3d 1115. Counsel for Doctors Medical Center. Lowell has been continuously selected for inclusion in The Best Lawyers in America®. He was also rated as one of the top health care attorneys in the state of California in 2007, 2008, 2009, and 2012 by Chambers USA. Life Beyond the Law Lowell spends as much of his time as possible with his wife, Sonja, and his three children. He loves intercollegiate sports and closely follows the fortunes of his beloved University of Utah Utes. He’s always happy when reading one of the works of Charles Dickens or watching the Boston Red Sox play. Newsroom Date Type Title 2 / 8 / 2013 Event Medical Staff Leaders and the Law 2013 Conference 10 / 31 / 2012 Alert Arent Fox Named Strategic Affiliate for 2012 Mobile Health (mHealth) Summit; Slated to Provide “Office Hours” for Startups 8 / 27 / 2012 Press Release Thirty-Four Arent Fox Attorneys Selected for Inclusion in Latest Edition of The Best Lawyers in America 6 / 29 / 2012 Press Release Arent Fox’s Health Care Practice and Attorneys Recognized in 2012 Chambers USA and Legal 500 US 6 / 29 / 2012 Media Mention Partner Lowell Brown Quoted in the Daily Journal Regarding the Recent Health Care Decision by the US Supreme Court 6 / 28 / 2012 Event Decision Day for the Patient Protection and Affordable Care Act Conference Call Replay Details 6 / 28 / 2012 Event Decision Day for the Patient Protection and Affordable Care Act Conference Call 6 / 26 / 2012 Press Release The Legal 500 Recognizes 37 Arent Fox Attorneys and 11 Legal Areas in 2012 6 / 11 / 2012 Press Release Chambers USA Recognizes 28 Arent Fox Attorneys and 12 Practice Areas in 2012 2 / 23 / 2012 Press Release Numerous Arent Fox Attorneys Selected for Inclusion in 2012 Southern California Super Lawyers 1 / 26 / 2012 Press Release Arent Fox Los Angeles Celebrates Five Year Anniversary 11 / 7 / 2011 Alert California Court of Appeal Raises the Bar for Physician Antitrust Claims Against Hospitals 10 / 6 / 2011 Press Release Numerous Arent Fox Attorneys Selected for Inclusion in Latest Editions of The Best Lawyers in America® and New York Super Lawyers 2012 Editions 6 / 14 / 2011 Press Release Arent Fox LLP Recognized in The Legal 500 6 / 14 / 2011 Press Release Chambers USA Recognized 20 Arent Fox Attorneys and 8 Practices in 2011 4 / 5 / 2011 Alert CMS Outlines Its Vision of ACOs and the Shared Savings Program 2 / 23 / 2011 Alert Lowell Brown published the Daily Journal article “The Growing Crisis in Medical Staff Peer Review Law” 2 / 18 / 2011 Event Lowell Brown to Speak at the California Association of Medical Staff Services Joint Conference 12 / 22 / 2010 Alert SB 700 Creates New Complexity for California Peer Reviewers 9 / 15 / 2010 Event The Heritage Foundation’s “Obamacare - Rewarding the Trial Bar and Promoting Litigation?” 6 / 21 / 2010 Press Release Arent Fox’s Health Care Practice Leader Lowell Brown quoted in National Law Journal "Health reform is wonder drug for D.C. firms" 6 / 11 / 2010 Press Release Arent Fox LLP Attorneys and Practices Recognized in 2010 Chambers USA 5 / 17 / 2010 Event California Medical Staff Services Annual Education Forum 2010 3 / 12 / 2010 Event California Association of Medical Staff Services San Diego and Orange County 2010 Joint Conference 2 / 6 / 2010 Event Credentialing, Privileging, and PeerReview: Protecting Patients While Reducing Legal Fees Pages12next ›last » Deals & Cases Representing California Hospital Association (CHA) to prepare an amicus brief to the California Supreme Court in Fahlen v. Sutter Central Valley Hospitals. Representing California Hospital Association (CHA) to prepare an amicus brief to the California Supreme Court in Fahlen v. Sutter Central Valley Hospitals. This is probably the biggest case the Court will hear in 2013 for the California hospital industry. People: Lowell C. Brown Practices: Health Care