Healthcare entities face an increasingly challenging legal environment. From setting up a practice to complying with the Stark Law, fraud and abuse laws, HIPAA, and Anti-Kickback Statutes, following healthcare laws and defending your organization in investigations are daunting tasks.
At Hendershot, Cannon, Martin & Hisey, we have extensive experience advising, consulting, and representing healthcare businesses and facilities with a wide range of legal needs. As one of the pre-eminent healthcare law firms in Texas, we provide trusted advice and sophisticated legal representation throughout the state.
Do you need advice on regulatory compliance or issues such as the Anti-Kickback Statute, Stark, or HIPAA regulations? Call (713) 909-7323 for an initial consultation.
There may be no other industry more stringently regulated than healthcare. Establishing healthcare facilities, medical practices, billing practices, high-tech medical equipment purchases, durable medical equipment suppliers, diagnostic centers, physician-hospital relations, and most other aspects of the business are bound by some type of regulatory requirement. Any health care provider can benefit from preventing and mitigating potential issues.
Our attorneys represent medical professionals and health care facilities in all types of Medicare and Medicaid fraud matters. If you know you are being investigated for potential fraudulent activity, we will provide the strategic, aggressive defense necessary to protect your interests or career.
Even if you have been told you are not the target of the investigation, you should contact an attorney. The Office of Inspector General (OIG) and Attorney General's Office (AG) commonly question individuals and businesses before launching an investigation against them. By doing so, investigators can obtain admissions that may lead to investigations and severe consequences, including penalties such as fines, exclusion from Medicaid and Medicare, and other career-shifting effects.
We are prepared to represent you in any fraud-related matter, including:
Your license is your livelihood. Whether you need to obtain a medical license or your license is under investigation, we have the administrative knowledge and experience to help.
We represent health care providers of all types in:
We have extensive experience with complaints to the Texas Medical Board and other licensing boards. Your prompt response to requests for information from licensing boards is a critical part of your defense. We will handle every step of the process, from the moment you suspect the board is examining your licensure, through to informal settlement conferences and administrative hearings.
As a professional, you know what's at stake in these matters and that an aggressive defense is essential to protecting your career. But when it comes to medical boards, an aggressive defense is not the same as in litigation. You'll need an attorney experienced with facing administrative bodies in the healthcare industry. At Hendershot, Cannon, Martin & Hisey, we know how to resolve these matters effectively.
We are able to provide you with guidance at all stages of your medical venture's life cycle. Whether you are creating a new practice, merging with another practice, acquiring another business or in need of more information while considering these potential moves, we can advise and consult with you regarding:
If you are considering a joint venture in the medical field, you must meet complex and overlapping healthcare regulations to ensure your venture can legally operate. The Stark Law, the Anti-Kickback Statute and its "one purpose test", the Texas Patient Solicitation Act, and other regulations can affect whether your deal is legal and how it is structured.
We represent investors with compliance in healthcare in the establishment of:
We also have experience with joint ventures for high-tech equipment such as CT, CVCT, gamma knives, and MRIs. Whatever your needs may be, we will advise you on all aspects of the process of preparing joint venture agreements, from syndication documents to negotiating purchase agreements, lease agreements, and management agreements. Our job is to structure your joint venture in a way that allows you to obtain the benefits of working with additional business partners while remaining in compliance with state and federal regulations.
We draft and review physician recruitment agreements that help hospitals and physicians develop productive relationships that are in compliance with Stark, fraud and abuse prohibitions and Anti-Kickback Statutes. We negotiate, create, and assess:
We can also advise you on the impact of compensation agreements, covenants not to compete, confidentiality agreements, and non-solicitation agreements. We have extensive experience establishing unique compensation plans, buy-in arrangements, bonus structures, exit strategies and buyout formulas. In any situation, our goal is to create a means for you to accommodate growth in your practice or to replace retiring physicians.
Whether from third-party payers or direct payment, medical practices, hospitals and other medical businesses need to receive fair and full payment for services rendered. When this does not occur, you need a powerful advocate help you obtain the funds you are due. We have successfully brought claims in courts and arbitrations to enforce the provisions of the Texas Prompt Payment of Claims Act on behalf of clients and have handled complex collection-related matters involving:
Our experience in this field also allows us to effectively meet your needs regarding managed care issues. From contract drafting, review and negotiation to complex litigation matters involving the interpretation of indemnification provisions, we offer you high-quality legal services in all types of managed care cases.
Our healthcare legal team at Hendershot, Cannon, Martin & Hisey is available to assist clients throughout Houston and the state of Texas. If you require proven legal assistance, we encourage you to request an initial consultation to learn more about our services and how we can leverage our experience for your benefit.
Call (713) 909-7323 for an initial consultation.