Health Law

Steering Clear of Trouble - 09/01/2017

Pharmacies that compound topical creams and gels of questionable or nonexistent efficacy and then bill insurance for huge amounts are a growing problem, especially in the Texas workers' compensation program. Sometimes, they convince physicians to play a part in their schemes, offering kickbacks or other inducements in exchange for referrals. It's a nasty business doctors need to know is out there — and strictly avoid.


When Drug Enforcement Agents Come Knocking - 05/02/2017

U.S. Drug Enforcement Administration agents turn up in your office wanting to ask you questions. They announce they have a right to inspect your records without warning. ...


Houston Heart Surgeon Wins Millions in Defamation Claim - 04/06/2017

A Harris County jury has awarded $6.4 million in damages to a Houston cardiothoracic surgeon whom TMA supported in his years-long battle with Memorial Hermann Health System over a defamation claim.


Physical Therapy in a Physician’s Office - 03/16/2017

Is it legal for me or one of my employees to perform “physical therapy” within the confines of my medical practice office, or would that violate a licensing code?


Victory: Anthem-Cigna Merger Blocked by Court - 02/15/2017

In a significant win for organized medicine and the nation's patients, federal judge Amy Berman Jackson blocked the proposed Anthem-Cigna merger. She found that the merger would have substantially lessened competition for the sale of health insurance to national employers, resulting in higher prices and diminished prospects for innovation. Anthem Inc. planned to take over Cigna for $50 billion. American Medical Association findings show the Anthem-Cigna merger would enhance market power in 85 metropolitan areas within 13 states: California, Colorado, Connecticut, Georgia, Indiana, Kentucky, Maine, Missouri, Nevada, New Hampshire, New York, Ohio, and Virginia.


Four Stark Law Tips Worth Noting - 12/06/2016

The Stark (physician self-referral) and antikickback laws are nothing if not complicated. That’s why we asked the health care attorney who “wrote the book” on these topics to highlight a few areas that may be of interest to many physicians.


Deadline for Business Associate Agreements: Sept. 22 - 11/08/2016

If you are a HIPAA covered entity, all of your business associate (BA) agreements must comply with the HIPAA Omnibus Rule by Sept. 22, 2014.


One Last Shot - 07/01/2016

Texas' right-to-try law makes experimental drugs more accessible to terminally ill patients when all other FDA-approved treatment options are unavailable or are unlikely to prolong life.


Does the Family and Medical Leave Act Apply to Your Practice? - 06/23/2016

Does the Family and Medical Leave Act apply to your practice?


Summary of Texas Medical Professional Liability Law - 06/22/2016

In the spring of 1977, the Texas legislature passed the Medical Liability and Insurance Improvement Act (MLIIA), which was codified as Article 4590i of the Texas Revised Civil Statutes. The MLIIA was intended to respond to the perceived crisis in medical malpractice insurance during that period. Article 4590i introduced several significant changes in the law, including: pre-suit notification, expert reports early in the litigation process, caps on damages and a 2-year statute of limitations. In the intervening decades, parts of the statute have been declared unconstitutional and other parts have been judicially refined. In 2003 the Texas Legislature made significant changes to MLIAA and re-codified it in the Civil Practice and Remedies Code. This article is a brief summary of the significant sections of the law concerning medical professional liability in Texas.


These Workplace Posters Should Be on Your Walls - 06/17/2016

Along with any decorative prints or motivational signs that might adorn the walls in the employees-only areas of your practice, posters about up to a dozen lawsmust be on display.


The Finer Points of Professional Courtesy - 06/03/2016

The Finer Points of Professional Courtesy


How to Prepare and Conduct a Case in Small Claims Court - 06/03/2016

How to Prepare and Conduct a Case in Small Claims Court


How to Initiate a Case in Small Claims Court - 06/03/2016

How to Initiate a Case in Small Claims Court


TMA Challenges Chiropractors Rules Again - 05/21/2016

Chiropractors are trying to get around a court ruling and expand their scope of authority beyond what they are trained to do, TMA charges in a letter to Glenn Parker, executive director of the Texas State Board of Chiropractic Examiners.


Chiropractic Board Withdraws Scope Rules - 05/20/2016

Ongoing opposition from TMA and others to the Texas Board of Chiropractic Examiners' attempts to expand chiropractors' scope of practice caused the board to shelve those plans. The board's executive director said the board intends to stay within its statutory authority in the future. The proposed rules, which would have permitted chiropractors to perform some procedures that state law  allows only physicians to perform, were withdrawn.


Sonogram Law Enforcement Begins - 05/20/2016

State health officials began enforcing the state's sonogram law Feb. 6 after a federal judge in Austin reluctantly dismissed a lawsuit challenging it. Texas Health Commissioner David Lakey, MD, notified physicians that the Department of State Health Services will review physicians' documentation to make sure they comply with the law.


What To Do When You're Being Sued - 06/08/2010

Hot Topics: What To Do When You're Being Sued