Areas of Practice

Industries

Government Experience

  • Assistant Attorney General and Prosecutor, Maryland, Board of Physicians

Bar Admissions

  • District of Columbia
  • Maryland

Education

  • J.D., Catholic University of America, Columbus School of Law, 1975
  • B.A., summa cum laude, Vassar College, 1969

Memberships

  • American Health Lawyers Association
     
    Maryland State Bar Association, Section on Health Care Law
     
    American Bar Association, Health Law Section

    Cochrane Collaboration (Consumer Referee)
T 410.244.7535
F 410.244.7742
T 202.344.8102
F 202.344.8300
Constance H. Baker
Partner

Constance Baker is a distinguished leader in healthcare law in addition to independent school law.

The excellence of her work is widely attested by colleagues in the legal community -- as evidenced by her recognition in both The Best Lawyers in America-Health Care Law (1995-present) and Chambers USA (2006-present).

In healthcare, Ms. Baker advises hospitals, health systems, physicians, medical staff and pharmacies on a broad array of issues.

In independent school law, Ms. Baker's clients include independent schools, a regional association of independent schools and school coalitions.

Regulatory Compliance
Ms. Baker handles negotiations on behalf of healthcare providers with the Centers for Medicare and Medicaid Services (CMS) and the Office of the Inspector General (OIG) regarding the Emergency Medical Treatment and Labor Act (EMTALA).

She negotiates with CMS regarding Medicare Conditions of Participation and with the OIG regarding exclusion from Medicare and Medicaid, revising and terminating Hill-Burton charity care requirements and compliance regarding research on human subjects.

Ms. Baker advises hospitals on Joint Commission compliance, medical staff and patient care matters and reporting obligations, and represents hospitals and physicians in state and federal investigations.

Peer Review, Disciplinary Proceedings and Medical Residency Programs
Ms. Baker advises hospitals and medical staffs on physician peer review proceedings, and counsels hospitals regarding credentialing matters, avoidance of negligent credentialing of healthcare professionals and compliance with federal and state reporting obligations. She has been involved in hundreds of proceedings and seeks creative ways to avoid time-consuming and expensive hearings.

Ms. Baker advises hospitals and graduate medical education programs regarding residency programs and residency contracts. She has arbitrated several cases pertaining to graduate medical education, in her role as an arbitrator for the American Health Lawyers Association Dispute Resolution Service.

She represents physicians and hospitals regarding allegations of scientific misconduct in federal healthcare programs.

Representative Clients

  • Anne Arundel Health System
  • BRT Laboratories, Inc.
  • Doctors Community Hospital
  • Roland Park Place
  • Coalition of D.C. Montessori Schools
  • Frederick Memorial Hospital
  • Aidan Montessori School
  • Greater Baltimore Medical Center
  • Association of Independent Maryland Schools
  • Bryn Mawr School
  • Holton–Arms School
  • The Johns Hopkins Hospital
  • Johns Hopkins Bayview Medical Center
  • Maret School
  • Medical Staff, Saint Joseph Medical Center
  • Mid-Atlantic Nephrology Associates
  • Park School
  • Online School for Girls, Inc.

Significant Matters

Healthcare
  • On behalf of a leading academic medical center, Ms. Baker negotiated termination of significant charity-care requirements under the Hill-Burton Act.
  • She has represented numerous health care professionals, including physicians and pharmacists, at state licensing agencies.
  • She participated in the formation of a community research network involving community hospitals and a major academic medical center. She has also counseled a health system's research institute regarding its compliance and insurance obligations in the research network.
  • Ms. Baker has resolved credentialing disputes with hospitals and medical staffs in a manner that minimizes the need for time-consuming and divisive medical staff hearings.
  • For a complete list of medical staff disciplinary hearings, please visit www.Venable.com/constance-baker-hearings.
  • On behalf of the American Health Lawyers Association, Ms. Baker has arbitrated disputes pertaining to graduate resident medical education involving major academic medical centers and individual residents. She has also served as a hearing officer in medical staff disciplinary proceedings.
  • She represented a physician and clinical laboratory in attempts by the Centers for Medicare and Medicaid to revoke the laboratory's CLIA certificate pursuant to the Clinical Laboratory Improvement Amendments,
  • She has counseled hospitals regarding accreditation disputes with JCAHO.
  • She assisted a pharmacy in securing state legislation for a sophisticated remote automated medication system for nursing homes and in representation before the state pharmacy licensing board.

Independent Schools
  • Ms. Baker advised a consortium of independent Montessori schools regarding compliance with and challenges to conflicting and burdensome state educational requirements.
  • Ms. Baker has advised independent schools on revision of corporate bylaws, corporate governance matters, avoidance of intermediate sanctions in connection with employment agreements with heads of schools, and child abuse and neglect reporting obligations.

Activities

Ms. Baker serves on the Board of Directors of HopeWell Cancer Support, a nonprofit organization providing support services to cancer patients and their families. She serves as a Consumer Referee for the Cochrane Collaboration, an international network of persons interested in reviewing primary research in evidence-based medicine and health policy, and investigating effects of interventions for prevention, treatment and rehabilitation. She volunteers with the National Breast Cancer Coalition. Ms. Baker serves as an Arbitrator with the American Health Lawyers Association Dispute Resolution Service. In her spare time, Ms. Baker is an avid golfer and gardener.