Hendershot Cowart P.C. Hendershot Cowart P.C.

Health & Medical Law

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

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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.

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Heath & 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:

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:

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:

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) 909-7323 for an initial consultation

Our Clients Share Their Experiences

Your Stories Drive Us to Continuously Improve

    “Trey was very responsive to my initial request for a consultation and quick to set up a meeting”
    “I highly recommend Bryan Tehrani to anyone in need of a skilled, responsive, and genuinely caring attorney. His exceptional service made a significant difference in my experience, and I am incredibly grateful for his support.”

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