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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.

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

Surprise Billing Rules Garner More Legal Action - 02/10/2023

Pressure is mounting on federal authorities with several legal actions now aiming to stop what physicians and hospitals say is an unfair arbitration process outlined in rules implementing the No Surprises Act, legislation passed in 2020 to address surprise medical bills.

Texas Administrative Code: Medical Disclosure Forms - 10/07/2022

Texas Administrative Code: Medical Disclosure Forms

Informed Consent - 10/07/2022

Informed Consent

How to Respond to a Subpoena - 10/07/2022

How to Respond to a Subpoena

Do Appointments Establish a Patient-Physician Relationship? - 10/07/2022

When a new patient makes an appointment with my office, does that establish a patient-physician relationship between the patient and me?

Who Can Consent to Immunization of Minors? - 09/28/2022

Who in Texas can consent to immunization of minors?

Copy Fees for Mental Health Records - 09/28/2022

Do Texas Medical Board rules regarding fees for copying medical records apply to mental health records? TMA’s newly updated, free white paper answers this question about fees and more.

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.

Picking the Right Battles: TMA Stands Up for Medicine in the Courts - 06/29/2022

When a big point of legal contention arises – “big” meaning impactful for Texas physicians and their patients – the Texas Medical Association responds big. That’s been the case for decades, including in the courts. 

Dulling the Pain of Future Damages: High Court Ruling Addresses Periodic Payments - 05/31/2022

Texas Supreme Court decision carries new implications for periodic payment of future medical expenses.

Surgeon’s Multimillion-Dollar Defamation Award Tossed by Texas Supreme Court - 05/16/2022

The Texas Supreme Court has nullified a $6.4 million jury verdict for a Houston cardiothoracic surgeon in his lawsuit alleging defamation and business disparagement by Memorial Hermann Hospital System.    

Legal Legacies: TMA General Counsel Rocky Wilcox Retires After 42 Years of Service - 05/01/2022

After nearly five decades of service to organized medicine, Rocky Wilcox, the man behind TMA’s storied history of advocating for physicians and their patients through the legal and legislative systems is retiring. But the legacy he leaves behind has put physicians in Texas – even across the nation – on solid legal ground.

These Workplace Posters Should Be on Your Walls - 10/28/2021

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 - 08/20/2021

The Finer Points of Professional Courtesy

TMA Argues to Overturn Physician Dispensing Ban - 07/15/2021

Two Texas physicians are taking on the state’s general ban on physicians dispensing medications out of their offices, now with support from the Texas Medical Association for their argument that the prohibition does more to protect pharmacies than patient care.

Dispensing With Reason? Overturning State Ban on Providing Drugs From Physician Offices - 07/03/2021

Only a handful of states effectively ban physicians from dispensing medications out of their offices. Texas is one of them. Two Texas physicians have taken their case to the courts, arguing that the ban is unconstitutional because it does more to protect pharmacies than it does to protect patients. And TMA is lending its support to that argument.

Ruling Could Promote Frivolous Lawsuits, TMA Tells Texas Supreme Court - 06/13/2021

A recent appeals court decision could weaken a key piece of Texas’ 2003 medical liability reforms meant to cut frivolous lawsuits off at the head. In a friend-of-the-court brief filed last week, TMA and Texas Alliance for Patient Access (TAPA) tell the Texas Supreme Court that the law narrowly limits the amount of discovery – the exchange of information in a court case – before the person suing must produce an expert report. And there’s good reason for that, the groups say.  

Livelihood on the Line: Surgeon Sues Hospital over Alleged Disparagement, Malicious Peer Review - 06/10/2021

San Antonio cardiothoracic surgeon sues hospital over alleged disparagement, malicious peer. In less than two years, San Antonio cardiothoracic surgeon J. Marvin Smith III, MD, says his distinguished surgical career spanning about five decades was effectively wiped out.

Hospital Asks for Expedited Trial in Fort Worth Life-Sustaining Treatment Case - 04/30/2021

Believing that court-mandated, life-sustaining treatment is causing harm to a child in its care, Cook Children’s Medical Center in Fort Worth is attempting to resolve a highly publicized court case as quickly as possible.

Medicine Trains Its Sight on Scope Expansions - 04/01/2021

A court decision siding with chiropractors is the latest of many scope tests in the legislature and the law.

Outrageous Overreach Medicine Fights Broad Documentation Requests - 02/27/2021

When Andrew Indresano, MD, got a subpoena in January 2019, he found it “a little shocking” and “really invasive.” The Fort Worth orthopedic surgeon wasn’t even part of the personal-injury lawsuit for which he was being asked to produce a backward-looking swath of documents.