Health Care Law

Representation of hospitals and doctors has been part of our practice since the firm was formed in 1992. We have served as general counsel and local counsel to physicians, physician groups, management services organizations, general hospitals, specialty hospitals, long-term care facilities, and clinics. Our experience with specialty hospitals has primarily been with psychiatric hospitals and substance abuse treatment units and facilities.

Our experience in healthcare facility representation has included:

• Purchase of land and rezoning for facility development and expansion;

• Construction contracting and oversight;

• Structuring of ownership, administration, operation, and leasing;

• Licensing

• Administrative proceedings, including license revocation and administrative penalty appeals;

• Billing and coding;

• Insurance and collections;

• Contracting staff and physicians;

• Employee contracts;

• Credentialing

• Policies and procedures in employment, nursing, and other areas;

• Employee discrimination cases;

• Employee injury cases;

• Patient lawsuits;

• Competitive conflicts with competing facilities;

• Research; and

• Negotiation and sale of facilities.

We have also been privileged to represent many physicians and physician groups. That representation has given us experience in nearly every area and aspect of a physician’s practice. Some examples of those areas are:

• Licensing, including defending actions by the Texas Medical Board to limit or revoke licenses;

• Hospital privileges, including representation of hospitals and defense of physicians in actions to terminate privileges;

• Contracting with insurers and provider organizations;

• Defense of malpractice lawsuits;

• Practice group organization and structure;

• Patient records;

• Billing and coding; and

• Insurance disputes.

In addition to hospitals, specialty hospitals, facilities, physicians, and physician groups we can represent any healthcare providers and suppliers*, including:

• Home Health Companies;

• Hospice Companies;

• Surgical Centers;

• Pharmacies (Retail, Mail Order, Compounding, Specialty);

• Dialysis Clinics;

• Diagnostic Laboratories;

• EMT Providers;

• DMEPOS Manufacturers and Suppliers;

• Mental Health Providers (LCSW, LMFT, LCDC, LPC);

• Chiropractors;

• Audiologists;

• Podiatrists;

• Speech Pathologists;

• Occupational Therapists;

• Physical Therapists; and

• Dentists and Orthodontists.

*Please contact our office at 817-338-4500 if you do not see your specific provider type to inquire about services.

Health Care Compliance

Because the old adage “the best defense is a good offense” applies in healthcare, Cotten Schmidt, L.L.P. offers a full range of compliance-related services.  Whether your entity has little to no compliance program in place or whether you want to ensure your current program is efficient, we have custom compliance solutions to fit your entity’s needs.  We can design and implement a comprehensive compliance program tailored to your specific needs or assess the effectiveness of your existing compliance program and develop an improvement plan to achieve and maintain compliance according to your goals.

For smaller healthcare practices or entities lacking the resources to have an internal compliance officer or for those overloaded with compliance responsibilities and wanting to outsource some or all of their compliance functions, Cotten Schmidt, L.L.P. can help fill the gap with our full range of compliance-related services, including:

• Interpretation and Evaluation of Federal Healthcare Laws, Regulations, and Requirements;

• Drafting Codes of Conduct and Key Compliance Policies and Procedures;

• Creating and/or Delivering Compliance Training and Education;

• Creating, Implementing, and Maintaining an Internal Reporting System;

• Reviewing, Assessing, and Acting upon Regulatory Changes;

• Conducting Risk Assessments;

• Developing Auditing and/or Monitoring Plans;

• Conducting Internal Investigations;

• Reporting Compliance Activity to the Governance Board;

• Selecting and Working with an IRO for Testing and Monitoring;

• CIA Readiness and Reporting;

• Referral Source Arrangements and Due Diligence Reviews;

• CMS Self-Referral Disclosure Protocol;

• OIG Self Disclosure Protocol;

• OCR HIPAA Breach Notifications;

• Licensing, Credentialing, and Accreditation Issues;

• Sanctions Screening and Exclusion Evaluations for Employees, Vendors, and Agents; and

• Reimbursement Issues include Overpayments and Payor Audit Defense.

Health Care Enforcement Defense

If you are a target of a government inquiry, investigation, audit, or litigation, it is imperative that you get experienced representation as soon as possible to protect your rights. Criminal defense counsel is not enough, specialized enforcement defense is a necessity. Our team at Cotten Schmidt, L.L.P. consists of seasoned attorneys and a former federal prosecutor who understand the ins and outs of the government health care investigations and audits and can advise and represent you at every stage of the process, whether it is simply responding to a request for information, testifying at a Grand Jury proceeding, or litigating a complex fraud case.