Health & Medical Law

We Assist Physicians and Healthcare Providers With Fraud Defense, Medical Contracts, Litigation, and Transactions

At Hendershot Cowart P.C., we understand that healthcare isn't just about regulations – it's about building successful practices and protecting what you've worked so hard to create. Our Houston healthcare lawyers combine deep regulatory knowledge with comprehensive business law experience to serve medical professionals throughout Texas and across the United States.

Whether you're launching a practice, facing a regulatory investigation under the Stark Law or False Claims Act, or planning your next strategic move, we provide the focused legal counsel that healthcare providers need to thrive in today's complex environment. With over 100 years of combined healthcare law experience, we don't just keep you compliant – we help your healthcare business succeed.

Health & Medical Law Practice Areas

Health Law Attorneys Serving Professionals and Businesses Across the U.S.

Protecting Healthcare Providers with Sound Legal Counsel Since 1987

At Hendershot Cowart P.C., our Houston healthcare lawyers have over 100 years of combined experience advising, consulting, and representing physicians, healthcare businesses, and medical facilities with a wide range of legal needs.

Our team of Houston medical attorneys regularly advises physicians, providers, and healthcare enterprises on a variety of legal and regulatory matters:

Medical practice setup, mergers, and acquisitions. We help you establish your medical practice or clinical laboratory in compliance with fraud and abuse laws, such as the Stark Law, Anti-Kickback Statute, the False Claims Act, EKRA, and the prohibition against the Corporate Practice of Medicine.
Regulatory compliance. We establish individualized compliance plans for healthcare entities, including practices, clinics, freestanding emergency centers, ambulatory surgery centers, med spas, pharmacies, and hospitals.
Medical contracts, including physician employment agreements. We review, draft, and negotiate the terms of medical contracts and employment agreements for physicians, practice owners, and other healthcare professionals.
Healthcare litigation. As in any industry, breach of contract claims, partnership disagreements, and employment disputes will arise in healthcare-related enterprises as well. Our litigation attorneys unite our healthcare and business law experience to guide you through complex claims and lawsuits unique to the healthcare industry, such as medical practice split-ups, MSO or DSO disputes, physician employment agreement claims, and more.
Licensure and medical license defense. We defend medical professionals facing allegations and disciplinary actions against their Texas professional licenses. We also advise clients on credentialing and peer review proceedings at hospitals and for managed care plans.
Third-party payors / prompt payment of claim. We have successfully brought claims in court and in arbitrations to enforce the provisions of the Texas Prompt Payment of Claims Act.
Regulatory audits and investigations. We regularly defend against investigations, audits, and claims of Medicare, Medicaid, and TRICARE fraud; Stark/Anti-Kickback Statute violations; Federal False Claims Act violations; prescription fraud; RAC audits; UPIC audits; Novitas audits; TDI audits; MCO audits; OIG investigations; Civil Investigative Demands; and more.
Telemedicine and telehealth counsel. We advise healthcare clients on structuring a telemedicine or telehealth practice in compliance with state and federal regulations, including Texas’s prohibition against the Corporate Practice of Medicine. We also provide responsive intervention, risk mitigation, and defense against telemedicine fraud investigations.

We Counsel All Types of Healthcare Providers and Medical Businesses, including:

Individual physicians and corporate executives
Physician practices and medical groups
Hospitals, clinics, and healthcare systems
Long-term care providers
Medical device manufacturers
Durable medical equipment (DME) companies
Diagnostic facilities
Clinical testing laboratories
Reference labs
Ambulatory Surgery Centers
Pharmacies, compounding pharmacies, pharmacists, and technicians
Freestanding Emergency Centers
IV hydration clinics and mobile IV hydration units
Ambulance services
Concierge and direct primary care physician practices
Medical spas
Management Services Organizations (MSOs)

Helping Clients With a Wide Range of Legal Needs

New Practices, Mergers and Acquisitions

From entity selection to contractual agreements, we help medical and health care professionals create a foundation and policy-driven structure to handle compliance measures, business and employment relationships, liabilities, and proactive systems that reduce risk and exposure to health care fraud. This includes:

Choice of entity, structuring partnerships, and establishing rights and duties of stakeholders
Buy-in arrangements and buyout formulas
Compensation plans, bonus structures, non-compete agreements, confidentiality agreements, and exit strategies
Compliance plans with Texas law against the corporate practice of medicine
Employment, management, independent contractor and other medical professional-related agreements
Licensing, credentialing and peer review proceedings
Protection and defense against billing practice audits and violations, including Medicare, Medicaid and TRICARE fraud, Stark and Anti-Kickback Statute violations, Federal False Claims Act violations, RAC audits, UPIC audits, Novitas and Qlarant audits, TDI audits, and more
Managed care transactions
Regulatory compliance, corporate compliance and risk management
Space and equipment leases
Tax exemption considerations

Defense Against Healthcare Fraud Investigations, Audits, and Violations

Our attorneys represent medical professionals and healthcare facilities in all types of health care fraud matters. If you know you are being investigated for potentially fraudulent activity, we will provide the strategic, aggressive defense necessary to protect your interests or career.

Even if you have been told you are not the target of the investigation, you should still contact an attorney. The Office of Inspector General (OIG) and Attorney General's (AG) office commonly question individuals and businesses before launching an investigation against them. By doing so, investigators can obtain admissions that may lead to investigations and severe consequences, including penalties such as fines, exclusion from Medicaid and Medicare, and other career-shifting effects.

We Are Prepared to Represent You in Any Fraud-Related Matter, Including:

Anti-Kickback Statute (AKS) violations
Civil investigative demands
Compounding pharmacy fraud
Texas Department of State Health Services audits
Federal False Claims Act violations
Fedderal and state Department of Health & Human Services investigations
OIG investigations/subpoenas
Medicare and Medicaid fraud
Novitas, Qlarant audits
RAC (Recovery Audit Contractor) audits
Stark Law violations (self-referral)
Texas Department of Insurance (TDI) audits
TRICARE fraud
Violations of the 60-day rule
Unified Program Integrity Contractors (UPIC) audits
Medicare exclusions
Medicare billing privilege revocations and appeals

Professional License Defense

Your license is your livelihood. Whether you need to obtain a medical license or your license is under investigation, our medical license defense attorneys have the administrative knowledge and experience to help.

We Represent Healthcare Providers of All Types In:

Licensing and credentialing matters
Peer review and licensure hearings
Texas Medical Board hearings
Texas Board of Nursing issues
Texas State Board of Pharmacy matters
Texas Health and Human Services audits or investigations
Texas Department of State Health Services license complaints (EMTs)

We have extensive experience with complaints to the Texas Medical Board and other licensing boards. Your prompt response to requests for information from licensing boards is a critical part of your defense. We will handle every step of the process, from the moment you suspect the board is examining your licensure.

Compliance Plans and Regulatory Compliance Issues in Healthcare

Numerous regulatory requirements govern transactions and business dealings involving health care professionals and facilities. Our Houston health and medical law attorneys regularly assist our clients with individualized compliance programs for all types and sizes of health care entities, including practices, clinics, hospitals, medical groups, ambulatory surgery centers (ASCs), pharmacies, diagnostic testing facilities, durable medical equipment (DME) entities, and more.

Our healthcare attorneys can create a comprehensive compliance plan that addresses:

Code of conduct
Written policies and procedures
A designated Corporate Compliance Officer (and compliance committees)
Guidelines for training and education programs
Communication lines
Enforcement plan
Procedures outlining auditing and monitoring

We can also advise on the regulatory requirements associated with healthcare-related transactions, such as:

Purchase of equipment
Joint ventures
Establishment, purchase or sale of compounding pharmacies
Investments by physicians
Lease agreements
Management agreements
Billing arrangements

Medical Contracts – We Negotiate, Draft, and Assess:

We have extensive experience in establishing unique compensation plans, buy-in arrangements, bonus structures, exit strategies and buyout formulas. In any situation, our goal is to create a means for you to accommodate growth in your practice or to replace retiring physicians.

Third-Party Payers / Prompt Payment of Claims

Whether from third-party payers or direct payment, medical practices, hospitals, and other medical businesses need to receive fair and full payment for services rendered. When this does not occur, you need a powerful advocate to help you obtain the funds you are due.

We have successfully brought claims in courts and arbitrations to enforce the provisions of the Texas Prompt Payment of Claims Act on behalf of clients and have handled complex collection-related matters involving:

Third-party payor agreements
The collection of principal, fees and, when appropriate, penalties
ERISA (Employee Retirement Income Security Act) issues
Assignment of benefits
Recoupments
Breach of contract
In network/out-of-network payment issues

Hendershot Cowart P.C. is a recognized Texas leader in health care and business law. If you require proven legal assistance, we encourage you to request an initial consultation to learn more about our services and how we can leverage our experience for your benefit. Call (713) 783-3110 for an initial consultation

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To Us, Every Case is Personal

Real Stories, Real Results, Real Advocacy

I have worked with Trey and the team there multiple times. They are attentive, great to work with, and I'm glad to know I always have top-notch legal representation

- B.B.
Great people to work with! Keith helped us through our appeal step by step and was able to get our business up and running again.
Anton was my attorney for a ceases desist letter. He was absolutely amazing, responded extremely quickly and the response he wrote for me was phenomenal. Super happy with this law firm!
Highly recommend the firm and Philip in particular; I greatly appreciate the firm for the invaluable assistance with the legal matters we engaged it to address. Philip Racusin's expertise, attentiveness, responsiveness, and professionalism have been exceptional, and I don't believe we could have navigated this challenging situation without his support.
Outstanding firm. The team was efficient and provided good legal & business advice. Particular compliments to Trey Hendershot and Bryan Tehrani - I recommend them and will bring other matters to the firm for their assistance.
After many attempts at resolving my legal issue, Bryan and the team at Hendershot Cowart were able to resolve my problem. The team was kind and prompt in all aspects. Thank you!
Underground Service greatly appreciated the work and knowledge provided by Hendershot Cowart P.C. We were able to navigate legal processes very smoothly and in a timely manner to keep our company in good standing.
Bryan, I really appreciate your hard work put forth for getting us through our sale. You did an amazing job communicating the understandings we needed through the transaction. Thank you.

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