In the wake of the Federal Trade Commission’s recently failed attempt to ban non-compete agreements between employers and workers, individual states have once again taken up the mantle of further regulating and limiting their...more
6/30/2025
/ Contract Terms ,
Employee Rights ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Labor Reform ,
New Legislation ,
Non-Compete Agreements ,
Physicians ,
Popular ,
Regulatory Requirements ,
Restrictive Covenants ,
State Labor Laws
Texas imposes new limits on non-compete agreements with licensed physicians and health care professionals that takes effect September 1, 2025....more
6/23/2025
/ Contract Terms ,
Dentists ,
Employment Contract ,
Health Care Providers ,
Healthcare Workers ,
New Legislation ,
Non-Compete Agreements ,
Nurses ,
Physicians ,
Regulatory Requirements ,
Texas
With the FTC Ban on non-competes essentially dead in the Courts of Appeal, various states and agencies have taken up the mantle to further limit or expand the use of restrictive covenants for certain populations in 2025....more
5/7/2025
/ Amended Regulation ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Independent Contractors ,
NLRB ,
Non-Compete Agreements ,
Physicians ,
Restrictive Covenants ,
State Labor Laws
On June 13, 2023, Texas Governor Greg Abbott signed a major new patient safety bill into law that is intended both to reform the disciplinary authority of the Texas Medical Board (TMB) and to better protect patients from...more
6/29/2023
/ Health Care Providers ,
Healthcare ,
Healthcare Reform ,
Hospitals ,
Medical License ,
National Practitioner Data Bank (NPDB) ,
New Legislation ,
New Regulations ,
Patient Safety ,
Peer Review ,
Physicians ,
Regulatory Requirements ,
Texas
As mentioned in our earlier report, on November 20, 2020, The Department of Health and Human Services (HHS) Office of Inspector General (OIG) and Centers for Medicare & Medicaid Services (CMS) published two long-awaited final...more
Introduction -
A recent decision by a Texas Court of Appeals reaffirms several important principles regarding the medical peer review privilege: (1) communications arguably covered by the peer review privilege need not be...more
9/28/2020
/ Discovery ,
Email ,
Health Care Providers ,
Hospitals ,
In Camera Review ,
Medical Malpractice ,
Motion to Compel ,
Negligence ,
Peer Review ,
Physicians ,
Privileged Communication
Health care providers looking for long-awaited answers to new proposed rules changes governing physician self-referral arrangements may have to wait a bit longer. ...more
9/10/2020
/ Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Electronic Health Record Incentives ,
Final Rules ,
Health Care Providers ,
OIG ,
Physicians ,
Rulemaking Process ,
Self-Referral ,
Stark Law
To assist hospitals in credentialing physicians during the COVID-19 pandemic, the National Practitioner Data Bank (“NDPB”)—the federal clearinghouse for adverse action reports against physicians—has announced it is waiving...more
4/20/2020
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Eligibility ,
Enrollment ,
Fee Waivers ,
Fees ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Hospitals ,
Medicaid ,
Medicare ,
National Practitioner Data Bank (NPDB) ,
Physicians
The Houston Bar Association and the University of Houston Law Center Health Law & Policy Institute partnered to host the “Guidance on Health Care Fraud Enforcement and Compliance - A Conversation with HHS Counsel and Other...more
12/13/2019
/ Anti-Kickback Statute ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Fraud ,
Medicaid ,
Medicare ,
Motion to Dismiss ,
Physicians ,
Rulemaking Process ,
Stark Law
In an effort to modernize and clarify a statute that looms large in the minds of health care providers across the nation, the Office of Inspector General (OIG) of the Department of Health and Human Services (HHS) recently...more
11/22/2019
/ ACOs ,
Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Monetary Penalty ,
Comment Period ,
Department of Health and Human Services (HHS) ,
Electronic Medical Records ,
Health Care Providers ,
Healthcare Reform ,
Incentives ,
OIG ,
Physicians ,
Proposed Rules ,
Regulatory Requirements ,
Rulemaking Process ,
Safe Harbors ,
Stark Law ,
Telehealth ,
Value-Based Care
As part of a larger “Regulatory Sprint to Coordinated Care” the Centers for Medicare & Medicaid Services (CMS) of the U.S. Department of Health & Human Services (HHS) recently issued a proposed rule aimed at modernizing and...more
11/18/2019
/ Arms Length Transactions ,
Centers for Medicare & Medicaid Services (CMS) ,
Commercial Reasonableness ,
Department of Health and Human Services (HHS) ,
Equipment Rentals ,
Fair Market Value ,
Health Care Providers ,
New Guidance ,
Office Space ,
OIG ,
Physicians ,
Proposed Amendments ,
Public Comment ,
Self-Referral Disclosure Protocol ,
Stark Law ,
Suppliers
A recent editorial authored by two female doctors in the Canadian Medical Association Journal proclaims that, “in the era of #MeToo, it is time for physicians to acknowledge that the medical profession is not immune to...more
2/25/2019
/ #MeToo ,
Co-Workers ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Healthcare ,
Hostile Environment ,
Physicians ,
Sex Discrimination ,
Sexual Harassment