Practice Areas
- Appellate Law
- Arbitrations
- Business Services/
Real Estate - Civil Litigation
- Commercial Litigation
- Construction Law & Litigation
- Employment Law
- Estate Planning & Probate
- Government Litigation
- Health Law
- Insurance Regulatory & Litigation
- Long Term Care &
Retirement Housing - Personal Injury Law
- Product Liability
- Professional Liability
Practice Areas
Health Law
Davis & Wilkerson’s Health Law Practice Group provides advice and counsel to health care entities, regarding a wide range of legal issues, such as operational issues, regulatory compliance, and transactions. Our clients include governmental, nonprofit and for-profit hospitals, physician practices and rural health clinics across the State of Texas, from the Panhandle to the Valley. The Health Care Group also represents individual health care professionals before state licensing boards, including the Texas Medical Board, the Texas Board of Nursing, the Texas State Board of Pharmacy and the Texas State Board of Dental Examiners.
Davis & Wilkerson serves as general counsel to the Texas Organization of Rural & Community Hospitals, a nonprofit association which acts as the voice, principal advocate, and leadership organization addressing the special needs, issues, and contributions of the state's rural and community hospitals. Members of the Health Law Practice Group speak regularly on various health care subjects to health care entities and trade associations, including the Texas Organization of Rural & Community Hospitals, the Texas Healthcare Trustees, the Texas Hospital Home Health Association, the Northwest Texas Hospital Association, and the Texas Association of Rural Health Clinics.
Regulatory Compliance
- Advice and counsel on compliance with state and federal statutes and regulations, including Texas licensure requirements, Medicare conditions of participation, physician self-referral (Stark), anti-kickback, EMTALA and HIPAA
- Representation of health care entities and professionals with respect to Medicare and Medicaid provider issues, including exclusion, administrative sanctions and civil money penalties
Operational Issues
- Advice and counsel to hospitals (governmental, non-profit and for-profit) regarding operational, medical records confidentiality, medical staff, physician recruitment and employment issues
- Preparation and review of hospital organizational documents (governing body and Medical Staff bylaws) and operational policies and procedures.
- Preparation and implementation of compliance plans
Transactions
- Preparation and review of contracts, including physician recruitment agreements, emergency room coverage agreements, anesthesia coverage agreements, management agreements, and billing agreements
- Representation of health care entities and practitioners in structuring partnerships and joint ventures, mergers and acquisitions
Governmental Entities
- Advice and counsel to governmental entities regarding compliance with state statutes, including the Texas Open Meetings Act, Texas Public Information Act (Open Records), Texas Public Funds Investment Act, nepotism, and conflicts of interest
Non-Profit Organizations
- Advice and counsel to nonprofit organizations regarding compliance with IRS requirements and Texas tax exemption requirements
- Preparation of applications for 501(c)(3) exemption from federal income tax and state sales and use and ad valorem taxes
- Representation of nonprofit entities before appraisal district review boards
Legislative and Governmental Issues
- Representation of health care industry trade associations and health care entities with respect to regulatory matters before various state and federal regulatory agencies, including the Texas Department of State Health Services (DSHS), the Texas Department of Aging and Disability Services (DADS), and the Centers for Medicare and Medicaid Services (CMS)
- Representation of health care industry trade associations and health care clients at the Texas Legislature with respect to legislative bills affecting health care
- Assistance of special law hospital districts with respect to revising and updating their enabling legislation
Representative Transactions
- Structured MRI joint venture between hospital and physician group to comply with Stark and anti-kickback laws
- Drafted Medical Staff and Governing Body Bylaws for more than 25 hospitals
- Represented and advised hospitals in Medical Staff termination and credentialing matters
- Negotiated sale and purchase of Rural Health Clinic by hospital
- Prepared self-insurance plan and trust agreements for professional and general liability for hospitals
- Drafted asset purchase agreement for acquisition of durable medical equipment business
- Represented hospital in the sale of hospital facilities
- Negotiated hospital licensing applications and related compliance issues
- Prepared application for 501(c)(3) exemption from federal income tax for hospital foundation
