Houston Healthcare Regulatory Compliance Attorneys

Navigating a Complex Regulatory System in Texas

Healthcare is the most heavily regulated industry in the United States. Whether you're pursuing a healthcare business transaction, executing a contract, or establishing a compliance structure for your practice, you need experienced healthcare compliance attorneys to ensure you meet all regulatory requirements. Regulatory compliance is crucial because non-compliance can expose you to audits, investigations, and severe penalties that jeopardize your business and professional future. 

At Hendershot Cowart P.C., our Houston-based healthcare regulatory compliance lawyers have decades of experience counseling healthcare professionals and practices nationwide in state and federal regulatory compliance matters, including those related to the False Claims Act, Anti-Kickback Statute, Stark Law, HIPAA, and more. 

Schedule a consultation with our Houston healthcare regulatory compliance attorneys when you call (713) 561-5288.

Experienced Healthcare Compliance Attorneys and Regulatory Lawyers

With more than 100 years of collective experience, our healthcare compliance defense attorneys have the insight and resources to help clients in a range of regulatory matters, including: 

• Proactive regulatory compliance counsel and support 
• Drafting and implementing healthcare compliance plans 
• Healthcare transactions and start-ups 
• Medicare provider enrollment and compliance 
• Defense representation for audits, investigations, and alleged violations

We focus on preparedness – from ensuring that your healthcare business transaction is structured properly to ensuring that your practice stands up to the increasing scrutiny of state and federal regulators. Our services are utilized by providers throughout the U.S.

Compliance in Healthcare Transactions and Startups

Numerous regulatory requirements govern transactions and business dealings involving healthcare professionals and facilities. The Stark Law, fraud and abuse statutes, False Claims Act, anti-kickback laws, and other regulations all affect which parties can be involved in a transaction and how the transaction should be structured.

We regularly handle healthcare transactional matters involving:

• Joint ventures
• Establishment, purchase or sale of compounding pharmacies
• Investments by physicians
• Purchase of equipment and lease agreements
• Management services agreements
• Billing arrangements

Healthcare Compliance Lawyers: Drafting and Implementing Effective Healthcare Compliance Plans

As experienced healthcare compliance lawyers, we understand that a sound compliance program is the best preventative measure for any healthcare organization. With increased scrutiny from the Texas Attorney General, the Department of Health and Human Services' Office of Inspector General (OIG), Texas Department of Insurance (TDI), and other government agencies, having regulatory compliance attorneys on your side is essential. Even unintentional violations can lead to costly investigations, sanctions, penalties, and criminal prosecution.

Our compliance plan toolkit encompasses eight elements to help your organization consistently meet regulatory requirements:

1. Code of Conduct establishes an organization's commitment to regulatory adherence and clearly defines the mission and ethical standards for the entire workforce, from board members to hourly employees.
2. Written policies and procedures document your organization's Code of Conduct and policies and procedures related to compliance training, corrective action plans, disaster recovery plans, and internal controls. These written policies and procedures ensure that all employees have access and knowledge of the organization's compliance expectations.
3. A designated compliance officer (and/or compliance committee) – A dedicated compliance officer takes a lead role in ensuring that compliance remains an integral part of the organization, staying on top of new and relevant regulations and updating compliance plans and procedures as needed; oftentimes with the support of a committee. Your compliance officer should also oversee new employee compliance training and regularly audit records and review files to ensure that employees are adhering to protocols.
4. Training and education programs help ensure that employees are aware of the written policies and procedures and understand how to comply with them. A training program should detail who will receive training, how often, and, most importantly, monitor whether the training is effective.
5. Open lines of communication – Experts recommend an “open-door policy” to create a culture in which employees feel encouraged to speak up without fear of retribution or punishment. Written procedures and training should make it clear who employees can go to with compliance-related questions and concerns, and allow anonymous reporting.
6. Auditing and monitoring – Healthcare practice compliance plans should outline general audit guidelines and foster collaboration between at least one medically trained individual (i.e. nurse or physician) and administrative personnel. Conduct audits at least once per year, and review at least five or more medical records per federal payer, and five to 10 medical records per physician
7. Enforcement of disciplinary standards – Employees should be aware of the consequences for noncompliance with written policies and procedures, including the potential disciplinary actions (i.e. warnings, probation, demotion, suspension, etc.).
8. Corrective Action Plan – Building on your enforcement plan, a corrective action plan details a clear line of action from training to violation, from violation to enforcement, from enforcement to internal review. A corrective action plan not only helps identify the violation, but helps provide insights in why the violation occurred.

The Importance of Oversight in an Effective Healthcare Regulatory Plan

There needs to be some form of accountability as well as someone who oversees how records are being processed. Appointing a compliance officer to handle these things is highly recommended.

Your compliance officer should know the system in and out, and be able to effectively train new employees on the subject of how to follow protocols. They should also audit records and hold regular reviews of files to ensure that your employees are adhering to protocols and take measures to help iron out any problems that arise, either through retraining employees, making changes to outdated protocols, etc.

Audit & Monitor your Compliance Plan to Avoid Regulatory Investigations

We strongly encourage clients to actively audit and monitor healthcare compliance plans to ensure compliance on an ongoing basis. A thorough medical practice compliance plan should:

• Outline general audit guidelines, including procedures for reviewing compliance with coding, billing, and documentation requirements, on a concurrent (prior to submission) and/or retrospective (after submission) basis
• Prioritize federal programs when conducting audits and monitoring, and stay up to date with any changes in claims submission, OIG updates, and compliance guidelines.
• Compare audit results with benchmark data
• Establish guidelines to foster collaboration between at least one medically trained individual (i.e. nurse or physician) and administrative personnel
• Conduct audits at least once per year, and review at least five or more medical records per federal payer, and five to 10 medical records per physician

Speak With a Texas Healthcare Regulatory Compliance Attorney Today

As healthcare compliance lawyers who have earned national recognition for our work in healthcare and medical law and the defense representation of providers facing audits, investigations, and allegations of waste, fraud, and abuse, Hendershot Cowart P.C. has the requisite experience and resources to help medical practices establish clear and enforceable compliance plans. Our healthcare compliance defense attorneys help you effectively operate your practice, ensure compliance, and avoid risks of litigation or penalties. 

From tailoring compliance programs to addressing critical issues related to the Anti-Kickback Statute, Stark Law, False Claims Act, and other Texas healthcare fraud laws, our regulatory compliance attorneys focus on a comprehensive approach to compliance and proactive measures that protect providers.

Our Houston-based attorneys at Hendershot Cowart P.C. proudly serve clients throughout Texas and the U.S.

Call (713) 783-3110 to arrange an initial consultation with a healthcare regulatory compliance attorney at our firm, or fill out an online form to get started.