Texas Legal Counsel For Stark Law, Anti-Kickback Statute And Texas Patient Solicitation Act
Due to extensive regulation at the state and federal level, any transactions involving physician-owned entities should be carried out only after securing the services of experienced health care counsel. At The Law Offices of Alejandro Mora, PLLC, we have an in-depth understanding of the Stark Law, Anti-Kickback Statute, Texas Patient Solicitation Act, the prohibition on the corporate practice of medicine, and all other laws, rules and regulations that govern physician business ownership. We utilize this knowledge to help individual providers, hospitals, health care facilities, MSOs and health care entrepreneurs understand exactly how these restrictions affect their businesses.
Experienced Attorney With Proven Stark Law Guidance
Our Houston-based firm focuses the majority of its practice on health care law, allowing us to stay at the forefront of health care regulation issues.
Under the leadership of attorney Alejandro Mora, we have successfully helped many clients throughout Texas understand their obligations under:
- The Stark Law: The federal Stark Law prevents doctors from referring patients to another entity for designated health services (DHS) under certain circumstances. Specifically, the physician cannot make the referral if the physician or a member of his or her immediate family is a part of a financial relationship with the entity to which the physician is making the referral. Exceptions to this rule exist, and an experienced Stark Law attorney can help you determine whether an exception applies to your situation.
- Anti-Kickback Statute: This federal statute imposes criminal penalties on anyone who improperly offers to exchange anything of value to encourage or induce a referral of business from a federal healthcare program.
- Texas Patient Solicitation Act: This state law is often referred to as Texas’ Stark Law, as it regulates physician referrals at the state level.
- Prohibition on the corporate practice of medicine: The corporate practice of medicine is a legal doctrine which generally prohibits corporations, entities or individuals, such as non-physicians, from practicing medicine.
Violation of these and other related regulations can result in enormous fines, withheld reimbursement for services rendered and even prison time. As such, avoiding these severe penalties through careful planning and working with a trusted attorney should be the first thing you consider when pursuing transactions involving physician-owned entities.