Texas Health Care Law Blog

As someone working with one or more of the over 100 Health and Human Services programs across the U.S., it’s important that you understand the body that regulates your work. Under the U.S. Department of Health and Human Services, the Office of Inspector General’s mission is to protect the integrity of department’s programs as well as the health and welfare of program beneficiaries.

Health care professionals are entrusted with the well-being of their patients through many services that people need when faced with poor health and medical situations. But, sometimes, even health care professionals and the executives who lead their agencies aren’t always on the straight and narrow.

A relevant and recent example relates to a federal fugitive from Texas who stole millions of dollars in a Medicare fraud scheme in which he and his associates preyed on vulnerable people such as the elderly, disabled and homeless.

The medical field is constantly improving; new discoveries, better practices and technological advances allow you to provide the best modern healthcare for your patients. Recently, the health industry has explored the chemical THC, found in cannabis, as a possible treatment for some illnesses.

In fact, Texas has begun to dispense the first doses of medical marijuana to some epileptic patients. This event follows a long and difficult debate between its potential health benefits and the danger for substance abuse. Texas legislators, therefore, have taken a cautious approach within the Compassionate Use Act.

For a physician, navigating regulation and compliance is vital to operating a successful practice. By adhering to the correct legal guidelines, you can alleviate much of the anxiety and risk that comes with a failure to comply. Certain laws and regulations--such as the Stark Law--carry strict penalties as they deal with Medicare and Medicaid. A better understanding of laws like these can go a long way to running a legally sound practice.

For its part, the Stark Law is a statute aimed at preventing kickbacks through the use of federal health care programs. Essentially, it dictates that a physician cannot refer Medicare or Medicaid patients for "designated health services" to entities--or immediate family members--with which they have financial ties. While the Stark Law is complicated and riddled with exceptions, there are a few basic elements to be grasped at the outset.