Located in downtown Dallas, the award-winning attorneys at Farrow-Gillespie Heath Witter provide legal services to businesses and individuals.
From business formation, to employment contracts and physician non-competition agreements, to mergers and acquisitions, FGHW assists health care professionals in every aspect of their businesses.
FGHW assists employers, physicians, and health care businesses to comply with statutory and regulatory government requirements, such as HIPAA, the ACA, anti-kickback, and other state and federal laws.
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 […]
Texas law generally prohibits the practice of medicine by any corporation, entity, or non-physician individual. The “corporate practice of medicine” doctrine forbids a physician from entering into an agreement with a non-physician under which the non-physician would in any way control the physician’s medical practice. Based on this doctrine, non-physician individuals and entities generally cannot […]
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, in a vendor […]
HIPAA, HITECH, and state laws all impact the responsibilities of health care providers and their business associates regarding the treatment and disclosure of confidential medical and health records. HIPAA, HITECH, and state laws all impact the responsibilities of health care providers and their business associates regarding the treatment and disclosure of confidential medical and health […]
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 […]
The Affordable Care Act is a federal statute that creates new responsibilities for employers. Employers who have fewer than 25 “full-time equivalent” employees can qualify for a small business health care tax credit if they pay at least 50% of the employees’ health insurance premium costs and offer coverage through the Small Business Health Options […]
Federal Stark law applies alongside anti-kickback law to create strict civil penalties for any physician who makes a “self-referral.” Specifically, the law bars a physician from referring a Medicare or Medicaid patient to receive any designated health care service from any person or entity with which the physician has a financial relationship. This relationship could […]
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 […]
The U.S. Department of Health and Human Services, Office for Civil Rights (HHS-OCR), has recently entered into another HIPAA settlement, emphasizing yet again the government’s focus on the HIPAA Security Rule. The settlement highlights that health care entities cannot merely adopt HIPAA policies but that they must actually implement and follow those policies in practice […]