Attorneys

Joyce McLaughlin

Joyce B. McLaughlin specializes in health law, representing everything from large hospitals to small businesses.

Joyce practices health law addressing issues related to hospitals, physicians, and other health care providers.  Joyce has extensive experience in health law related to hospitals, physicians, and other health care providers on a wide range of operation, regulatory, and transactional issues.  She represents health care facilities and health care providers in licensing and regulatory matters before a variety of state and federal agencies. 

She is Board Certified in Health Law by the Texas Board of Legal Specialization and is a Member of the State Bar of Texas Health Law Section and served on the Governing Council of the Health Law Section.  Joyce was in-house counsel for five years for a hospital system, in addition to being in private practice.  She is immediate past President of the South Texas Society of Healthcare Risk Managers, a member of the American Health Lawyers Association, and the Austin Health Lawyers Association.

Representative Experience

  • Counseled numerous hospital and small physician practices on operational and regulatory issues, including compliance with Stark and Anti-kickback statutes
  • Developed policies and procedures in compliance with HIPAA regulations on Privacy for hospitals and physician practices
  • Structured physician recruitment agreements and physician contracts and agreements with hospitals and hospital districts
  • Developed numerous hospital and hospital district policies and procedures
  • Advised hospitals on EMTALA obligations ad represent hospitals in correcting EMTALA
  • Assisted small physician practices with organization for practice start-up
  • Continuing counsel for organizations and operations relating to teleradiology
  • Assisted numerous hospitals in formation of Non-profit Health Organizations (“501(a)”)
  • Assisted hospitals in responding to actions by licensing agency Department of State Health Services
  • Represented physicians in licensing issues before Texas Medical Board
  • Represented nurses in licensing issues before Board of Nursing

Qualifications

  • State Bar of Texas (admitted 1990)
  • Board Certified, Health Law by Texas Board of Legal Specialization
  • Member, American Health Lawyers Association
  • Member, Austin Health Lawyers Association
  • Member, South Texas Society of Healthcare Risk Managers

Education

  • Southern Methodist University School of Law (J.D., cum laude, 1990, Order of the Coif)
  • Angelo State University (M.A., 1980)
  • University of Texas (M.S., 1971)
  • University of Texas (B.S., summa cum laude, 1970)

Honors

  • Order of the Coif (Top 10%), Southern Methodist University
  • Special Projects Editor, Journal of Air Law & Commerce (1988-1990)
  • 1989 Outstanding Student Paper on Consumer Law from SMU, submitted for State Bar of Texas Competition
  • Air Law Symposium cash scholarship for outstanding contribution to journal (Spring 1990)
  • Selection as Student Member of SMU Faculty Search Committee for Director of SMU Law Library
  • Phi Beta Kappa
  • Alpha Lambda Delta
  • Phi Alpha Theta (President, 1978-1980)

Select Presentations/Publications

  • Advertising “Board Eligible” Creates Trouble for Texas Physicians, Physicans News Digest, April 2012.
  • “Emergency Department "Central Log": Is a Handwritten Copy Required?,” Becker's Hospital Review, April 2012.
  • “Text Message Use Among Providers Raise HIPAA Concerns,” Becker's Hospital Review, August 11, 2011
  • Meaningful Use: What it Means for Your Hospital, South Texas Society of Healthcare Risk Managers, March 2011
  • Health Care Reform Adds Requirements for Physicians, Physicians News Digest, March 2011
  • “Advance Directives” – Webinar for the Texas Hospital Home Health Association, June 24, 2010
  • “Starting, Maintaining, and Terminating Your Medical Practice” to Williamson County Medical  Society, with Erin Thrash, Esq., November, 2009
  • “Legal Update for Home Health,” Texas Hospital Home Health Association, 2008 Education Conference, June 3, 2008
  • “Compliance Review,” White County Medical Center, Arkansas, December 17, 2007
  • “New Facility Licensing Rules from Texas Department of State Health Services” presentation at Texas Health Law Conference, October 2, 2007, sponsored by Texas Hospital Association and State Bar of Texas
  • “Minor Consent:  Legal Interpretation and other Consent Issues,” Texas Association of Rural Health Clinics, 2006 Annual Education Clinic,  August 8, 2006
  • “Medicare Part C and D” presentation to Northwest Texas Hospital Association Annual Conference, July 14, 2006
  • “2006 Health Law Trends” presentation at Glen Rose Medical Center Board of Directors Retreat, Glen Rose, Texas, June 22, 2006
  • “Physician Employment – Overview” presentation February 23, 2006
  • “Case Study:  Administrative Law for Nursing Centers” presentation at Texas Advanced Paralegal Seminar, September 21, 2005  
  • TORCH Medical Staff Issues Seminar with other firm members, September 21, 2004
  • “Board Governance after Sarbanes-Oxley” presentation at Annual Conference of TAHSA (Texas Association of Homes and Services for the Aging), Houston, Texas, May 24, 2004
  • “HIPAA and State Law Preemption” all-day seminar with Kenda Dalrymple for Lorman Seminars, in Austin, May 5, 2004
  • TORCH “Physician Recruitment Seminar” with other firm members, April 29, 2004
  • “Negotiating Employment or Recruitment Contracts” presentation to graduating Family Practice Residents at conference sponsored by Texas Academy of Family Physicians; March 14, 2004
  • TORCH “Nurse Peer Review” seminar with Jennifer Claymon, February 24, 2004
  • TORCH “EMTALA” seminar with other firm members, Sept. 29, 2003
  • ABasics of Employment Law@  presentation to Texas Health Care Association meeting, Lakeway Inn, Austin, Texas, July 17, 2003.
  • AHIPAA and State Law Preemption@ all-day seminar for Lorman Education Services, Austin, Texas, May 28, 2003 and September 4, 2003.
  • AHIPAA: Records and Reality, or What Goes on When Ordering Business and Medical Records@  presentation to the Legal Assistants Division of the State Bar of Texas, May 7, 2003.
  • ANegotiating Your Employment Agreement@ presentation given to the Texas Association of Family Physicians Conference, in Round Rock, Texas, March 8, 2003.
  • AHIPAA and the Business Associate Agreement@ all-day seminar for Lorman Education Services, Houston, Texas, February 28, 2003.
  • AHIPAA Requirements for Group Health Plans@ presentation given to Concho Valley Human Resources Association, November 15, 2002.
  • AHub-bub over HIPAA:  Business Compliance with HIPAA Regulations@ published in the Health Care Directory Section of the Austin Business Journal, August 2002.
  • ABasics of Hospital Contracting@ speech and paper given to the West Texas Seminar for Small Hospitals, sponsored by Jackson Walker at Angelo State University, San Angelo, Texas, May 13, 2002.
  • AVicarious Liability:  Enlarging the Target@  speech given to the South Texas Society of Healthcare Risk Managers, Austin, Texas March 8, 2002.
  • "Overbooking and Denied Boarding:  Legal Developments in the Last Decade," Journal of Air Law and Commerce, Vol. 54, No. 4, 1135-83 (copy furnished on request); Fifty-Five Year Index, Journal of Air Law and Commerce, published V. 55, 1991
  • "New Requirements Imposed by the Americans with Disabilities Act," State Bar Section Report: Health Law, Winter 1991-92, p. 2-4

Professional and Community Activities

  • Past Member, State Bar of Texas Health Law Section Council
  • Member, Austin Health Lawyers Association Speaker’s Committee (2009)
  • Board of Directors, South Texas Society of Healthcare Risk Managers (July 2002; President 2007-2010)
  • Board of Directors, Manos de Cristo (2005-2008)
  • Member, Shepherd of the Hills Presbyterian Church