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Risk Management - 08/15/2024

Practice e-Tips on Risk Management

Court Sides With Medical Examiner in Suit Over Autopsy - 08/09/2024

With the Texas Medical Association’s help, a Harris County medical examiner has won the latest battle in a lawsuit over an autopsy he performed following a woman’s 2007 shooting death.

TMA Wins Appeal Upholding Its Challenge to Skewed Federal Surprise Billing Rule - 08/05/2024

A federal appeals court handed a victory to medicine affirming the district court’s decision to strike down federal provisions that run counter to Congress' intent for implementing a key piece of the No Surprises Act: to operate an arbitration process that does not skew dispute resolutions and unfairly advantage health plans. Read more.

High Court Decision in Nondisclosure Case A Win For Medicine - 07/31/2024

The Texas Supreme Court sided with the Texas Medical Association in a nondisclosure case that TMA warned would have significant, troubling implications had it gone the wrong way.

More Work Needed to Protect Texas Physicians - 06/28/2024

Following the Texas Medical Board’s newly adopted rules on abortion ban exceptions, the Texas Medical Association continues its advocacy for physicians performing abortions to treat a medical emergency under the state’s overlapping abortion laws.

TMB Proposed Rules on Abortion Ban Exceptions Invite TMA Opposition - 05/14/2024

The Texas Medical Board (TMB) recently released proposed rules intended to clarify exceptions to the state’s overlapping abortion laws. But TMA argues the proposal could exacerbate physician confusion, administrative burden on practices, and patient care delays. Read more.

Dawn Duster Examines “Rubik’s Cube” of New DNR Law - 04/23/2024

The in-hospital DNR law, codified as Senate Bill 11 in the 2017 Texas Legislature, went into effect on April 1, 2018. Ms. Atwood and Jason Morrow, MD, medical director of inpatient palliative medicine at University Health System in San Antonio, examined the legal requirements of the complicated law and associated ethical considerations.

Seeking Balance: TMA Opposes Feds' Implementation of the No Surprises Act - 04/09/2024

The Texas Medical Association supported the patient protections in the federal No Surprises Act but also knew from the beginning that the law's payment arbitration provisions were flawed and could give insurers an advantage.

RICO Settlements: TMA's Leadership Against Payer Abuses Resulted in Relief, Reform - 04/09/2024

Back in 2001, the Texas Medical Association and the other plaintiffs alleged the nation’s major health plans had conspired to delay and reduce payments to clinicians and hospitals; the resulting lawsuits, brought under the federal Racketeer Influenced and Corrupt Organizations Act (RICO), represented a watershed moment in TMA history.

Exceptional Circumstances: TMA Advocates “Legislative Clarity” Amid State Abortion Bans - 03/05/2024

TMA advocates “legislative clarity” amid state abortion bans.

TMA Wins Two More Surprise Billing Lawsuits; CMS Suspends Arbitrations - 10/03/2023

Marking a fourth victory for the Texas Medical Association in as many lawsuits, a court on Aug. 24 struck down a large portion of the regulations setting forth a methodology insurers use to calculate the qualifying payment amount, or QPA, used in surprise-billing disputes – part of a series of federal rules TMA has long argued skew the arbitration process in insurers’ favor.

Noncompete Concerns Spark Ongoing TMA Advocacy, Resources - 09/19/2023

The Texas Medical Association continues to receive reports of physician concerns over noncompete agreements, underscoring medicine’s ongoing legislative and regulatory advocacy efforts to strike a balance that works for physician employers and employed physicians alike.

Practice E-Tips on Legal Topics - 07/20/2023

TMA Practice E-Tips on Legal Topics

Legislative Hotline March 4, 2021: TMA Opposes End-of-Life Care Bill That Poses Threat to “Do No Harm” - 07/17/2023

The Texas Medical Association is once again working to stop legislative attacks on a physician’s sacred creed to “do no harm,” which includes taking care of patients in their last days.

State Working to Clear Confusion with TxEVER - 07/17/2023

Although an official with the Department of State Health Services (DSHS) last week said the new TxEVER system should be operating smoothly, the agency on Friday acknowledged some of the difficulties physicians are experiencing.

TMB Won’t Penalize Physicians For Technical Problems With Vital Registry - 07/17/2023

The Texas Medical Board confirmed Saturday that it will not take action against physicians who experience technical issues with Texas’ new vital statistics registry, TxEVER.

Medicare Pays for End-of-Life Consults - 07/17/2023

As of January, Medicare pays physicians for advance care planning as a separate service, a long-sought victory that promotes educating patients and physicians on the issue. The Centers for Medicare & Medicaid Services created two new payment codes that cover it as a separate service in physician practices and facilities, including hospitals.

Fighting Back: Practice Wins Court Battle Over Defamatory Online Reviews - 06/20/2023

One practice’s recent legal battle epitomizes physicians’ worst nightmares when it comes to online reviews. Here’s an extreme but glaring real world example, straight from the documents in a lawsuit that Austin Eye first filed in October 2017 over

TMA Asks AMA to Stay Out of Affordable Care Act Suit - 05/02/2023

Leaders of the Texas Medical Association on Tuesday publicly objected to the American Medical Association’s plans to get involved in a high-profile federal lawsuit — filed in Texas — challenging the constitutionality of the Affordable Care Act.

TMA Analyzes FTC Proposed Ban on Noncompetes - 03/09/2023

The interplay between federal and state efforts to ban noncompete agreements remains unclear as Texas Medical Association experts analyze a proposed Federal Trade Commission (FTC) rule on the matter.

OIG: Physicians Incorrectly Billing for End-of-Life Care Planning - 01/05/2023

Advance care planning (ACP) services were meant to give patients the opportunity to choose the care that is right for them at the end of their lives or during medical crises that could render them unable to make personal health decisions.

Graphic Warnings on Cigarette Packs Face Ongoing Legal Challenge - 09/09/2022

A court order – once again – has upheld enforcement of the Food and Drug Administration’s rule that cigarette packs must contain more colorful and graphic health warnings. The new deadline for implementing the rule, per the court order, is Oct. 6, 2023.

Pay Now or Pay Later? Supreme Court Adds Clarity Around Negligence Awards - 07/29/2022

Case by case, courts are clarifying a piece of Texas’ tort reform law that’s meant to keep physicians from paying part of a medical negligence award in one prohibitive and devastating gulp.

“Black Robes, Not White Coats”: Can Courts Compel Unproven Treatments? - 06/29/2022

COVID-19 patients and their families have involved judges and attorneys in an effort to compel physicians to treat the disease in unproven ways, against their medical judgment. And in some cases around the country, patients’ families have been successful in getting a court order to do so. The Texas Medical Association’s Committee on Patient-Physician Advocacy, while not directly involved in such cases, has a keen interest in making sure physicians can exercise their medical judgment.

Contract Do’s and Don’ts: How to Negotiate From a Place of Strength - 06/29/2022

By leaning on Texas Medical Association resources and their own health care attorney, physicians can gain confidence and better negotiate favorable terms to secure their economic success.