Houston Healthcare & Medical Law Attorneys
Texas Healthcare Attorneys Who Build Practices – and Defend Them When It Counts
Most healthcare law firms either help you structure your practice, or they help defend it when the government shows up. Since 1987, Hendershot Cowart P.C. has done both – from forming your practice and negotiating your first employment agreement, to defending your license, fighting a federal investigation, and recovering what third-party payers owe you.
Healthcare providers face a legal environment unlike any other. The same federal statutes that govern how you structure your practice can become the basis of a government investigation. The employment agreement you sign today shapes what you can do five years from now. The billing arrangement that makes business sense can trigger a federal audit.
At Hendershot Cowart P.C., our healthcare attorneys have been navigating that environment for nearly four decades. We understand that healthcare isn't just about regulations – it's about building something you've worked your entire career for, and protecting it when the stakes are high.
From your first physician contract to a Medicare audit or Texas Medical Board complaint, Hendershot Cowart P.C. has been counsel for Texas healthcare providers since 1987.
Health & Medical Law Practice Areas
- Ambulatory Surgery Centers
- Billing Agreements & Health Care Compliance
- Billing for Services Not Rendered
- Compounding Pharmacies
- Corporate Practice of Medicine Doctrine
- Cryotherapy Clinics
- Eliminating Kickbacks in Recovery Act (EKRA)
- Fair Market Value Compensation
- Federal False Claims Act Violations
- Fraud Investigations
- Freestanding Emergency Centers
- Healthcare Litigation
- IV Hydration Therapy Clinic or Mobile Unit
- Ketamine Clinics
- Laser Hair Removal
- Management Services Agreements
- Medical Contracts
- Medical Practice Set-Up
- Medical Spas
- Medicare/CMS Audits or Requests for Information
- Non-Solicitation Agreements
- Physician Agreements
- Physician Non-Compete Agreements
- Professional License Defense
- Regulatory Compliance
- Space & Equipment Leases
- Stark/Anti-Kickback Statute/False Claims Act
- Starting a Direct Primary Care (DPC) Practice
- Telemedicine
- Texas HHS-OIG Self-Disclosure
- Third Party Payors
What Sets Us Apart
Most Healthcare Law Firms Handle Transactions or Defense. We Handle Both – and Have Since 1987.
At Hendershot Cowart P.C., we've represented Texas physicians, healthcare entrepreneurs, and healthcare businesses through every stage of the practice lifecycle. Whether you're signing your first physician employment agreement, launching a med spa under Texas's corporate practice of medicine rules, or responding to a notice you weren't expecting – we're the firm you won't outgrow.
Our approach: We tell you what's happening, what your options are, and what we recommend – in plain language, without the jargon. And we move quickly, because most of the matters clients bring us have a deadline attached.
Healthcare Law Representation from Formation Through Defense
Our team of healthcare lawyers regularly advises physicians, providers, and healthcare enterprises on a variety of legal and regulatory matters.
Medical Contract Review and Negotiation
Most professionals who call us about a contract dispute wish they had called us before they signed. We review, draft, and negotiate healthcare contracts so you know what you're agreeing to – before you're bound by it.
We routinely negotiate, draft, and review:
- Physician employment agreements and independent contractor agreements
- Physician non-compete agreements and non-solicitation agreements – including enforceability review for physicians, PAs, and NPs considering a job change or new practice
- Medical director agreements
- Space and equipment leases
- Mobile diagnostic testing agreements
- Billing agreements and management services agreements
- Compensation agreements, bonus structures, and buy-in arrangements
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 a contract that serves your interests now and doesn't create exposure later.
Starting or Restructuring a Healthcare Practice
Whether you're a physician leaving employment to open your own clinic, an NP or PA ready to practice independently, or a healthcare entrepreneur partnering with a physician – the decisions you make at startup determine your compliance exposure for years to come. We help you get the structure right the first time.
We counsel physicians, practice owners, healthcare entrepreneurs, and healthcare businesses on:
- Entity selection, partnership structuring, and ownership agreements, including buy-in arrangements, buyout formulas, and exit strategies
- Compliance with Texas's prohibition against the corporate practice of medicine
- Management Services Organization (MSO) and Dental Services Organization (DSO) structures
- Mergers, acquisitions, and practice transitions, including managed care transactions
- Compliance with the Stark Law, Anti-Kickback Statute (AKS), False Claims Act (FCA), EKRA, and other federal fraud and abuse laws
- Regulatory compliance programs for practices, clinics, hospitals, ambulatory surgery centers, pharmacies, med spas, and other healthcare entities
- Telemedicine and telehealth practice structuring under state and federal law
- Direct primary care (DPC) practice formation and compliance
- Medical director agreements and clinical supervision arrangements for non-physician-owned practices
- GLP-1, weight loss, and aesthetics clinic structuring under Texas law
Healthcare Litigation
Business disputes happen in healthcare just as they do in any industry, and they often start the same way – a partner stops cooperating, a contract doesn't get honored, or someone walks out and immediately starts competing. The intersection of regulatory law and commercial litigation, however, makes these disputes more complex – and more consequential.
Our healthcare litigation attorneys handle:
- Physician employment agreement disputes
- Medical practice splits and partner disputes
- MSO and DSO disputes
- Breach of contract and partnership disagreements
- Employment disputes within healthcare organizations
- Enforcement of Texas Prompt Payment of Claims Act provisions against third-party payors, including claims for principal, fees, and penalties
We have brought successful claims in Texas courts and arbitrations to recover what healthcare providers are owed under the Prompt Payment Act – a practice area few Texas healthcare law firms actively pursue.
Defense Against Government Investigations and Audits
Many Texas healthcare providers receive their first audit notice on a Friday afternoon. By Monday, they're already behind. If your practice receives an audit notice, an OIG subpoena, or a Civil Investigative Demand, what you submit first – and how quickly you respond – matters more than almost anything else in the process.
We defend healthcare providers and healthcare businesses in all types of federal and state healthcare fraud investigations and audits, including:
- Medicare, Medicaid, and TRICARE fraud allegations
- Stark Law (self-referral) investigations
- Anti-Kickback Statute (AKS) violations
- Federal False Claims Act (FCA) violations
- OIG investigations and subpoenas
- Civil Investigative Demands (CIDs)
- RAC (Recovery Audit Contractor) audits
- UPIC (Unified Program Integrity Contractor) audits
- Novitas and Qlarant audits
- Texas Health and Human Services (HHSC) audits
- Texas Attorney General's Medicaid Fraud Control Unit (MCFU) investigations
- Texas Department of Insurance (TDI) audits
- MCO audits
- Compounding pharmacy fraud matters
- Prescription fraud allegations
- Medicare billing privilege revocations and appeals
- Medicare exclusion proceedings
- Violations of the 60-day rule
Most providers we work with aren't fraudulent. They're nurses, physicians, and business owners doing their best in a complex billing environment. We help them respond correctly, protect their billing privileges, and – when possible – avoid repayment demands altogether.
Even if you have been told you are not the target of an investigation, contact an attorney before providing any information. Investigators frequently question individuals and businesses before formally opening an investigation. What you say in those early conversations can shape everything that follows.
Professional License Defense
A single complaint – even one based on false or incomplete information – can trigger an investigation that takes months to resolve and follows you for the rest of your career. Whether you received a letter from the Texas Medical Board, are preparing for a hearing, or want to get ahead of a situation before it escalates, we handle every step of the process.
We represent healthcare providers before:
- Texas Medical Board (TMB)
- Texas Board of Nursing (TBON)
- Texas State Board of Pharmacy
- Texas Health and Human Services Commission (HHSC)
- Texas State Board of Examiners of Professional Counselors
- Hospital peer review proceedings
- Texas Department of State Health Services (DSHS), including EMT license complaints
- Texas Behavioral Health Executive Council (BHEC/TBHEC)
- Texas Department of Licensing and Regulation (TDLR)
Your response to board requests for information is a critical part of your defense – and drafting it without an attorney is one of the most common mistakes providers make. We step in immediately, manage the timeline, and make sure nothing you submit is used against you.
Compliance Programs
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 regulatory 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 and written policies and procedures
- Training and education programs
- Internal communication lines and reporting structures
- Auditing, monitoring, and enforcement procedures
- Regulatory requirements for healthcare-related transactions, including joint ventures, equipment purchases, billing arrangements, and management agreements
- Designation of a Corporate Compliance Officer and compliance committee structure
Telemedicine and Telehealth
Texas law imposes specific requirements on the practice of telemedicine – including the corporate practice of medicine prohibition, prescribing limitations, and informed consent requirements. We counsel healthcare clients on structuring a telemedicine or telehealth practice in compliance with state and federal law, and we provide responsive defense against telemedicine fraud investigations when they arise.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 713-783-3110 today!
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What can a healthcare attorney review or negotiate for my practice?
The healthcare attorneys at Hendershot Cowart P.C. review, draft, and negotiate physician employment agreements, non-compete and non-solicitation provisions, medical director agreements, space and equipment leases, billing and management services agreements, and compensation structures – before you're bound by terms that could limit your options later.
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What should I consider before starting or restructuring a healthcare practice in Texas?
Texas law restricts who can own and operate a medical practice under the corporate practice of medicine doctrine. Before starting or restructuring a practice, providers should address entity selection, ownership structure, Management Services Organization (MSO) or Dental Services Organization (DSO) arrangements, and compliance with the Stark Law, Anti-Kickback Statute, Texas’s prohibition against the corporate practice of medicine, and other state and federal fraud and abuse laws.
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What should I do if my practice receives a request for medical records, Medicare audit notice, or OIG subpoena?
Contact a healthcare attorney before submitting any information, even if you're told you're not the target of an investigation. What you submit first, and how quickly you respond, plays a major role in how an audit or investigation unfolds – including RAC, UPIC, and Texas HHSC audits and medical review requests, OIG subpoenas, and Civil Investigative Demands. Failing to respond to medical document requests by the deadline (usually 30 days) can lead to overpayment determinations, Medicare payment suspensions, revocation of billing privileges, and potential False Claims Act liability. Getting a healthcare attorney involved early often determines whether a matter stays civil and administrative or escalates toward criminal referral.
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What happens if I receive a complaint from the Texas Medical Board or another licensing board?A single complaint can trigger a months-long investigation. Providers facing a Texas Medical Board, Texas Board of Nursing, or other licensing board matter should have an attorney review and help draft any response, since what's submitted early in the process is a critical part of the defense.
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What types of healthcare business disputes does Hendershot Cowart P.C. handle?
The firm represents healthcare providers and businesses in physician employment disputes, medical practice splits and partner disputes, MSO and DSO disputes, breach of contract claims, and enforcement actions under the Texas Prompt Payment of Claims Act against third-party payors.
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Does Texas regulate telemedicine and telehealth practices?
Yes. Texas law imposes specific requirements on telemedicine and telehealth practices, including corporate practice of medicine restrictions, prescribing limitations, and informed consent requirements. Healthcare attorneys can help structure a compliant telemedicine practice and defend against telemedicine fraud investigations.
To Us, Every Case is Personal
Real Stories, Real Results, Real Advocacy
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I was provided with sage legal advice from Keith Lefkowitz, and then paralegal Rebecca Cepeda helped me set up my PLLC with the Secretary of State... I strongly recommend Keith and Rebecca to help with a medical practice set up. I look forward to working with them for my future legal needs.- B.
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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.
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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.
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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!
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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.
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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.
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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!
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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.