Physicians and health care other providers face numerous prohibitions against self-referrals and against making referrals in exchange for remuneration. The federal Anti-Kickback Statute is a criminal law that prohibits the knowing and willful payment of remuneration in exchange for referrals of services payable by federal health programs, which include health care services for Medicare or […]
While HIPAA does not in and of itself create a private cause of action, a growing body of cases in both federal and state courts outside of Texas suggests that a HIPAA violation causing clear harm to a plaintiff may support a lawsuit by providing grounds for some other private claim. Plaintiffs who have shown […]
Many people erroneously believe that non-competes are not enforceable against physicians in Texas. To the contrary, non-competes that are ancillary to or part of otherwise enforceable contracts generally are enforceable, provided that they meet certain statutory requirements. For example, these covenants must contain reasonable limitations as to time, geographical area, and scope of activity to […]
HIPAA-covered entities and their business associates are facing increased obligations to securely maintain and handle protected health information. A health care entity subject to HIPAA rules must ensure that its contracts with a business associate that may receive protected health information include statutorily required assurances that the business associate will appropriately safeguard the information. That is, […]
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