Health & Medical Law

What are the HIPAA compliance requirements that my Houston-based medical practice needs to follow?

 

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that sets nationwide standards to protect patient health information. Your medical practice must adhere to HIPAA compliance by implementing and maintaining administrative, physical, and technical security measures that safeguard Protected Health Information (PHI) from unauthorized access and disclosure. Your practice needs to train staff members in performing risk assessments and selecting secure systems for storing and transferring patient information. A lawyer will assist you in creating a complete compliance plan and handling all breach response activities.

 

The "Corporate Practice of Medicine" doctrine in Texas operates under what specific name?

 

The "Corporate Practice of Medicine" doctrine in Texas law restricts medical practices from operating as corporate entities and prohibits non-physician groups from employing doctors or managing medical facilities. The law exists to stop business entities from controlling physician decisions while safeguarding patients from receiving substandard medical care. A healthcare business lawyer who specializes in this area will assist you in designing your practice structure, MSO arrangements, and other business models that follow all necessary regulations.

 

What is the Stark Law and the Anti-Kickback Statute?

 

The healthcare industry is subject to strict oversight through two essential federal laws that regulate financial relationships between healthcare providers and other entities. The Stark Law prohibits doctors from referring Medicare or Medicaid patients to facilities where they or their family members have a financial interest. The Anti-Kickback Statute prohibits the giving or receiving of any form of payment when referring patients for services that receive federal healthcare program reimbursement. The laws function to prevent healthcare fraud and abuse while imposing severe civil and criminal penalties on violators.

 

What legal steps must I follow when establishing a medical practice in Houston?

 

Establishing a medical practice involves several legal procedures. Your first step should be to choose between a professional association or a limited liability partnership as your business structure. The Texas Secretary of State requires you to submit all the necessary formation documents for your medical practice. Your practice requires an Employer Identification Number (EIN) from the IRS, as well as all the required state and local licenses, while maintaining full compliance with HIPAA, the Stark Law, and the Anti-Kickback Statute.

 

What measures can I take to defend my medical practice against medical malpractice lawsuits?

 

Your practice can minimize legal exposure through specific defensive measures, although complete protection remains impossible. Your practice should maintain comprehensive and accurate patient records, properly train staff, and establish clear policies and procedures that staff can easily understand. Texas medical malpractice plaintiffs must submit expert reports that demonstrate both medical standard violations and their role in the patient's injuries. A medical malpractice defense attorney will guide you through the entire process when you need help.

 

A healthcare lawyer provides what specific assistance during hospital peer review procedures?

 

A hospital utilizes peer review to evaluate physician performance in maintaining high-quality patient care standards. A healthcare lawyer defends physicians who face peer review actions at hospitals, as these proceedings can result in the revocation or suspension of their privileges. The lawyer supports the physician through hearing preparation, guarantees proper process compliance, and defends against allegations of professional misconduct or incompetence.

 

What are the rules for telemedicine in Texas?

 

Texas medical practice rules define the essential elements needed to establish a valid "patient-physician relationship" for telemedicine services. The Texas Medical Board requires physicians to establish valid patient relationships through direct contact before delivering telemedicine services. The establishment of a valid relationship for telemedicine services typically requires a direct face-to-face meeting, although specific exceptions may apply. Telemedicine practices must adhere to HIPAA standards, as well as all applicable state and federal regulations, which protect patient privacy and secure medical data.

 

What are the common issues in physician employment agreements?

 

Physician employment agreements are complex and often contain critical clauses that can significantly impact a physician's career. Key issues to review include compensation structures (e.g., salary, bonuses, and incentives), termination clauses, and restrictive covenants. Restrictive covenants, such as non-compete and non-solicitation clauses, are significant and must be carefully drafted to be enforceable under Texas law.

 

Can a physician be held liable for the actions of their staff?

 

Yes. Under the legal principle of vicarious liability (also known as respondeat superior), a physician or medical practice can be held legally responsible for the negligent acts of their employees (such as nurses or medical assistants) that occur within the scope of their employment. This is why it is crucial to have clear policies, proper training, and professional liability insurance for all staff members.

 

How do I handle a Texas Medical Board (TMB) investigation?

 

If you are notified of a complaint by the Texas Medical Board, you should seek legal counsel immediately. Do not attempt to respond to the complaint on your own. A lawyer can help you review the allegations, formulate a defense strategy, and represent you in all stages of the TMB's investigation and disciplinary process. A lawyer's guidance is essential to protecting your license and professional reputation.