We represent a diverse array of healthcare providers, from hospitals and large physician practices to individual physicians and mid-level practitioners. Additionally, we regularly advise numerous companies that serve as business associates within the healthcare sector by offering various services and complimentary products to healthcare providers and other industry participants.
We are able to provide knowledgeable and efficient legal advice to participants in the dynamic, heavily regulated healthcare industry. In today’s environment of continually increasing regulation, oversight, and enforcement, we provide advice to healthcare providers seeking experienced, competent, and cost-efficient counsel. We regularly advise our clients on privacy laws including HIPAA and the HITECH Act, Medicare and Medicaid reimbursement and payment rules, conditions of participation and provider-based rules, corporate practice of medicine, licensure and certification, prompt payment, EMTALA, legislative and rulemaking initiatives, and reporting regulatory violations to government agencies under government self-disclosure protocols.
Healthcare Transactions and Ventures
We have significant experience in providing counsel on various healthcare law issues that arise in business transactions involving healthcare industry participants. We have counseled both healthcare providers and investors in the context of merger, acquisition, financing, joint venture, or consolidation. We are able to assist clients in all aspects and stages of a healthcare business transaction, including due diligence, transactional document preparation, disclosure drafting, and contractual negotiation. Notably, we have extensive experience advising investment banks, hospital systems, and other healthcare entities on healthcare regulatory compliance and disclosure issues.
We assist healthcare providers in all aspects of healthcare contract drafting and negotiation. From physician employment contracts to call coverage agreements, we are experienced in crafting agreements that are legally compliant with ever-changing federal and state healthcare regulatory laws. We provide practical advice grounded in an understanding that every contract negotiation presents unique issues depending on the specific business considerations and relationships of the parties. In particular, we often advise clients on how to structure physician-hospital arrangements so that they comply with anti-kickback and self-referral laws.
Fraud and Abuse
More than ever before, participants in the healthcare industry face increased scrutiny and severe consequences as a result of how fraud and abuse matters are handled. Many business dealings and practices that are considered normal course in other industries are considered fraudulent and abusive in the healthcare industry. We are well-versed in the intricacies of fraud and abuse laws at the federal and state law level. We regularly advise clients on Stark, anti-kickback, and other fraud and abuse issues when implementing operational strategies and solutions and structuring business transactions.
General Compliance Advice
We understand the broad spectrum of legal issues that healthcare providers may encounter as a result of their clinical and business operations. Given our diverse backgrounds in transactional law, we are equipped to serve as cost-effective outside general counsel for both new and established healthcare practices and businesses. We provide a broad array of legal advice and services required by an ongoing healthcare provider, from legal issues surfacing on a day-to-day basis to those arising from unique business and regulatory circumstances.
Healthcare Entity Formation
We advise clients on the formation of healthcare entities. We appreciate the unique nature of the healthcare industry and its complex regulatory overlay, and assist clients with understanding the various considerations that must be taken into account when starting a healthcare venture. Particularly relevant to Texas providers, we are experienced with creation of certified nonprofit healthcare organizations entities that allow for enhanced collaboration between physicians and hospitals and other corporate entities.
We have represented providers in structuring their contractual relationships with health plans, insurers, preferred provider organizations, and other managed care organizations. We have also represented providers in various types of disputes with managed care organizations and other third-party payors, including disputes concerning access, network inclusion and exclusion, covered services, rate discrepancies, and the delinquent, non-payment, or underpayment of claims.
We are well-versed in assisted reproductive technology (ART) law. We are able to provide competent legal advice to intended parents, surrogates, and donors, as well as ART healthcare providers, in a compassionate, professional, and cost-effective manner. The rapid pace of medical breakthroughs in ART has created numerous complex, novel, and unsettled issues of law. We understand and provide solutions to the legal challenges that commonly arise with regard to gestational surrogacy, traditional surrogacy, in vitro fertilization (IVF), egg donation, sperm donation, and artificial insemination. We are experienced in drafting legally sound assisted reproduction agreements (including gestational surrogacy and egg donation contracts) that are specifically catered to our clients’ unique personal circumstances. Texas is one of a select few surrogacy-friendly states that have enacted a surrogacy statute that specifically allows gestational surrogacy agreements to be validated by a court of law. With our familiarity with Texas law, we can assist you at every step of the legal process. Additionally, in this area of law, we are often able to offer discounted flat fees to our clients.