Health & Medical Law

We Assist Physicians and Health Care Providers With Fraud Defense, Medical Contracts, Litigation, and Transactions

Health care entities face an increasingly challenging legal environment. This is true in everything from setting up a compliant practice to navigating fraud and abuse laws such as the Stark Law, Anti-Kickback Statutes, Federal False Claims Act / Civil Investigative Demands and more.

Health & Medical Law Practice Areas

Houston Health Care Lawyers

Serving Medical Professionals in Texas and Across the U.S.

At Hendershot Cowart P.C., our Houston health care lawyers have over 100 years of combined experience advising, consulting, and representing physicians, health care businesses, and medical facilities with a wide range of legal needs.

Our team of Houston medical attorneys regularly advise physicians, providers, and health care enterprises on a variety of legal and regulatory matters:

Medical practice setup, mergers, acquisitions.We set up medical practices and clinical laboratories in compliance with fraud and abuse laws such as the Stark Law, Anti-Kickback Statute, the False Claims Act, EKRA, and the Prohibition Against the Corporate Practice of Medicine.
Regulatory compliance.We establish individualized compliance plans for health care entities, including practices, clinics, freestanding emergency centers, ambulatory surgery centers, med spas, pharmacies, and hospitals.
Medical contracts, including physician employment agreements. We help physicians, practice owners, and other health care professionals review, draft and negotiate the terms of medical contracts and employment agreements.
Healthcare litigation. Healthcare is both a passion and a business, and – as with any business – breach of contract claims, partnership disagreements, and employment disputes will arise. Our litigation attorneys unite our healthcare and business law experience to guide you through complex claims and lawsuits unique to the healthcare industry, such as medical practice split-ups, MSO or DSO disputes, physician employment agreement claims, and more.
Licensure and medical license defense.We defend medical professionals facing allegations and disciplinary actions against their Texas professional licenses. We also advise clients on credentialing and peer review proceedings at hospitals, and for managed care plans.
Third-party payors / prompt payment of claim. We have successfully brought claims in court and in arbitrations to enforce the provisions of the Texas Prompt Payment of Claims Act.
Regulatory audits and investigations. We regularly defend against investigations, audits, and claims of Medicare, Medicaid and Tricare Fraud, Stark/Anti-Kickback Statute violations, Federal False Claims Act violations, prescription fraud, RAC audits, UPIC audits, Novitas audits, TDI audits, MCO audits, OIG investigations, Civil Investigative Demands, and more.
Telemedicine and telehealth counsel. We advise health care clients on structuring a telemedicine or telehealth practice in compliance with state and federal regulations, including Texas’ Prohibition against the Corporate Practice of Medicine. We also provide responsive intervention, risk-mitigation, and defense against telemedicine fraud investigations.

We Counsel All Types of Health Care Providers and Medical Businesses, including:

Individual Physicians and Corporate Executives
Physician Practices and Medical Groups
Hospitals, Clinics, and Health Care Systems
Long-term Care Providers
Medical Device Manufacturers
Durable Medical Equipment (DME) companies
Diagnostic Facilities
Clinical Testing Laboratories
Reference Labs
Ambulatory Surgery Centers
Pharmacies,Compounding Pharmacies, Pharmacists, and Technicians
Freestanding Emergency Centers
Mobile IV Hydration Units
Ambulance Services
Concierge and Direct Primary Care Physician Practices
Medical Spas
Management Services Organizations (MSOs)

Helping Clients With a Wide Range of Legal Needs

New Practices, Mergers and Acquisitions

From entity selection to contractual agreements, we help medical and health care professionals create a foundation and policy-driven structure to handle compliance measures, business and employment relationships, liabilities, and proactive systems that reduce risk and exposure to health care fraud. This includes:

Choice of entity, structuring partnerships and/or establishing rights and duties of stakeholders
Buy-in arrangements and buyout formulas
Compensation plans, bonus structures, covenants not to compete, confidentiality agreements and exit strategies
Compliance plans with Texas law against the corporate practice of medicine
Employment, management, independent contractor and other medical professional-related agreements
Licensing, credentialing and peer review proceedings
Protection and defense against billing practice audits and violations, including Medicare, Medicaid and Tricare Fraud, Stark and Anti-Kickback Violations, Federal False Claims Act / Civil Investigative Demands Violations, RAC audits, UPIC Audits, Novitas Audits, TDI audits and more
Managed care transactions
Regulatory compliance, corporate compliance and risk management
Space and equipment leases
Tax Exemption considerations

Defense Against Health Care Fraud Investigations, Audits, and Violations

Our attorneys represent medical professionals and health care facilities in all types of health care fraud matters. If you know you are being investigated for potentially 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 still contact an attorney. The Office of Inspector General (OIG) and Attorney General's (AG) office 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:

Anti-kickback violations
Civil investigative demands
Compounding pharmacy fraud
Department of State Health Services audits
Federal False Claims Act / Civil Investigative Demands violations
Health and human services investigations
OIG investigations/subpoenas
Medicare and Medicaid fraud
Novitas audits
RAC (Recovery Audit Contractor) audits
Stark Law violations (self-referral)
Texas Department of Insurance (TDI) audits
TRICARE fraud
Violations of the 60-day rule
UPIC (Zone Program Integrity Contractors) audits
Medicare exclusions
Medicare billing privilege revocations and appeals

Licensure

Your license is your livelihood. Whether you need to obtain a medical license or your license is under investigation, our medical license defense attorneys have the administrative knowledge and experience to help.

We Represent Health Care Providers of All Types In:

Texas Medical Board hearings
Peer review and licensure hearings
Credentialing matters
Nursing Board issues
Pharmacy Board matters
HHSC
Paramedic Board

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.

Compliance Plans and Regulatory Compliance Issues in Health Care

Numerous regulatory requirements govern transactions and business dealings involving health care professionals and facilities. Our Houston health and medical law attorneys regularly assist our clients with individualized compliance programs for all types and sizes of health care entities, including Practices, clinics, hospitals, medical groups, ambulatory surgery centers (ASCs), pharmacies and independent diagnostic testing facilities, durable medical equipment (DME) entities and more.

Our health care attorneys help with:

Establishing comprehensive compliance plans that address:

Code of conduct
Written policies and procedures for compliance training, corrective action plans and more
A Designated Corporate Compliance Officer (and compliance committees)
Guidelines for training and education programs
Communication lines
Enforcement plan
Procedures outlining auditing and monitoring
And more

Advising regulatory requirements associated with health care-related transactions, such as:

Purchase of equipment
Joint ventures
Establishment, purchase or sale of compounding pharmacies
Investments by physicians
Lease agreements
Management agreements
Billing arrangements
And more

Medical Contracts – We Negotiate, Create, and Assess:

Independent contractor agreements
Physician employment agreements
Medical director agreements
Space and equipment leases
Mobile diagnostic testing agreements
Billing agreements
Management services contracts
Compensation agreements
Covenants not to compete
Confidentiality agreements
Non-solicitation agreements
All other types of agreements that medical businesses require

We have extensive experience in 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.

Third-Party Payers / Prompt Payment of Claims

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 to 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:

Third-party payor agreements
The collection of principal, fees and, when appropriate, penalties
ERISA (Employee Retirement Income Security Act) issues
Assignment of benefits
Recoupments
Breach of contract
In network/out-of-network payment issues

Hendershot Cowart P.C. is a recognized Texas leader in health care and business law. 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) 783-3110 for an initial consultation

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To Us, Every Case is Personal

Real Stories, Real Results, Real Advocacy

Great group of attorneys to be in your side when you need it most. Have a vast knowledge in OSHA law and very helpful!
Ray solved a non-compete situation for me that needed addressed. He negotiated an excellent solution. I am 100% pleased with his professional services. Thank you!!
Mr. Hendershot did a contract review for me. He was very thorough and explained the contract really well. They were upfront about costs and there were no surprises. Very happy with the work he did!
We engaged with Hendershot Cowart on an employment matter regarding NDA and freedom to work. Trey Hendershot was excellent - responsive, knowledgeable and communicative. Everything you want in a good lawyer. He was proactive and got our matter resolved in short order. Would highly recommend the firm!
If you’re looking for a great lawyer consider using Ray here at Hendershot. He was absolutely awesome to work with. He always responds, very personable, and will work his tail off for you.
Keith Lefkowitz has been the best legal advice we ever had. He is responsive, knowledgeable and above all completely candid and highly ethical in his analysis and advice. We have complete comfort that we are well advised, protected while being completely scrupulous and following the law to the letter. An amazing legal mind and law firm.
Ray Panneton was incredibly responsive, knowledgeable, professional, and personable and I would recommend him to anyone looking for a truly trustworthy attorney and just general good human being who cares about his clients. 11/10
Bryan T. was excellent in handling every aspect of our needs. Very professional as well as patient, understanding and caring. We would give him 10 stars if possible. Hendershot Cowart P.C. In general is absolutely wonderful.

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