Delivery of healthcare is constantly evolving and changing, and our lawyers help clients keep in step with the legal challenges that accompany those changes. We represent companies, associations and individuals involved in healthcare. We serve as regulatory counsel before state and federal agencies on rulemaking, licensure, and compliance. We provide litigation services in state and federal courts. We assist with drafting and opposing legislation. We assist in negotiations and documentation of transactions. With the resources and experience that come from working in the industry, the lawyers in our Health Law Practice Group advise and counsel healthcare clients in a broad range of difficult business decisions and strategies – from business combinations and antitrust, to day-to-day operational and employment decisions, to malpractice and tort claims. Our lawyers offer the understanding that comes not only from the diverse nature of our representations, but also from prior work experience in the industry – standing in the same shoes as our clients.

Healthcare Industry Clients

We have represented clients from all parts of the healthcare industry. Our lawyers represent hospitals, nursing homes, insurance companies, and HMOs. Our clients include physicians, dentists and other medical providers, both as individuals and groups. We have worked for companies that develop, manufacture, market, or distribute healthcare related products, and we have worked for manufacturers and distributors of pharmaceuticals, medical devices, equipment, and supplies. We have also represented practice management companies, billing providers, information data vendors, professional and trade associations, finance companies, and computer support services in the healthcare industry.

Regulatory Counsel

• We routinely appear before state agencies in investigations, contested and uncontested cases on behalf of institutional and individual clients. These agencies include the Texas Department of Insurance, Office of the Attorney General, Board of Medical Examiners, Board of Pharmacy, Board of Nurse Examiners, and Texas Department of Health, among others.
• We advise clients on the effect of state and federal regulations on transactions, such as the effect of the corporate practice of medicine, Starks I and II, Medicare fraud and abuse, and Medicare and Medicaid reimbursement and regularly serve as Texas counsel for opinions of counsel.
• We advise clients on the effect of state and federal regulations on business operations. We assist in the development of practices and procedures to implement laws, such as insurance laws governing provider credentialing, utilization review, quality assurance, and appeal and complaints, and ERISA claims and appeals rules, preemption and HIPAA privacy requirements.
• We represent insurance companies and agents in regulatory filings with the Texas Department of Insurance for certificates of authority, change of control, mergers and acquisitions, holding company transactions, service area contractions and expansions, health insurance and health maintenance organization certificates and policies, annuities, and healthcare provider contracts. We have represented clients before the Texas Department of Insurance to advocate the merit and legal authority for product filings.
• We counsel clients on compliance with medical waste regulations and represent medical waste treatment and disposal companies before state agencies having jurisdiction over these activities.
• We monitor legislation, and we advise clients on the effects and interpretations of legislative proposals. We monitor agency rule-making and participate in preparing comments to proposed rules. We help clients prepare for testimony at public hearings before legislative committees and at public hearings for agency rule making.

Transactional Counsel

• We have represented clients in complex healthcare transactions -- mergers and acquisitions, asset purchases, sale of physician practices, development of delivery systems, development of an ambulatory surgery center, incorporation of practice groups, development of provider networks, and unwinding of relationships.
• We have represented healthcare clients in negotiating and drafting contracts -- management agreements, managed care provider contracts, employment agreements, and administrative services agreements for self-funded plans.
• We assist clients with the computer and electronic technology issues that affect their transactions. We protect trade secret and confidential information. We advise clients on HIPAA security requirements and about state and federal government procurement requirements. We represent clients in negotiating transactions and preparing agreements -- license, transfer and distribution agreements, subscription agreements, outsourcing agreements, consulting agreements, confidentiality agreements, development agreements, hosting agreements, portal agreements, linking agreements, content provision and security and filtering agreements, internet advertising agreements, and other electronic commerce-related agreements.
• For day-to-day business and legal issues, our clients include large national health maintenance organizations and physician practice management organizations.

Litigation Counsel

We represent healthcare clients in state and federal litigation and in alternative dispute resolution. This work includes responding to Civil Investigative Demands and resulting litigation, antitrust actions, class action litigation, commercial and government claims payment disputes, breach of contract disputes, tort claims, and injunctive relief from state agency rule-making.