Your Texas Healthcare Lawyers
Ready to start a business? We can streamline the process by drafting a complete suite of corporate formation documents, including certificates of formation, operating agreements, buy-sell agreements and more. We can even help clients apply for Employer Identification Numbers (EIN’s) from the Internal Revenue Service (IRS).
We can help you medically integrate your chiropractic practice using one single business entity that you manage and control. And the company can be structured to allow you to keep up to 100% of retained earnings and the proceeds of an eventual clinic sale. We can also convert older “dual entity” practices into new, streamlined “single-entity” practices that provide these advantages.
We can draft employment agreements for associate doctors, chiropractic assistants, massage therapists, physical therapists, nurse practitioners, physician assistants, physicians, and other healthcare providers. We also provide customized non-disclosure and non-compete agreements to suit each client’s unique needs.
Doctors of Chiropractic face a litany of regulatory hurdles, including Stark law and federal and state anti-kickback statutes. We have years of experience navigating state and federal regulations and liaising with government agencies. Let us walk you through the tangled web of bureaucracy by ensuring regulatory compliance for your small business.
Legal Research and Opinions
Have a burning legal question? We may not have the answer, but we can perform legal research and offer advisory opinions to your small business. If we can’t help, we’ll find an attorney who can.
Stuck in a contract dispute with a business or individual? We may be able to save you valuable time and money by quickly resolving your dispute without litigation. We are trained negotiators ready to fight for your fair treatment.
Legal Services For Texas Healthcare Businesses
If you’re a health care professional interested in starting your own clinic or business, doing so can be a daunting task.
Starting a business is hard enough on its own, let alone when you have to contend with the additional laws imposed on the healthcare industry. At Massingill Attorneys & Counselors at Law, we have years of experience helping medical professionals with their businesses.
Starting Your Health Care Business
Actually filing the formation documents is only one step in the process of getting your business up and running. Our health care attorneys also assist you with a number of other matters relevant to new and existing business owners.
Governing Documents and Employee Agreements
Whether you’ve formed an LLC, corporation, or other business entity, you’ll also need certain governing documents. LLCs, for example, are based around an operating agreement that defines the rights of each member; corporations, on the other hand, use articles of incorporation and bylaws.
Even if it isn’t right away, you may need to hire one or more employees or associates. If that’s the case, having a rock solid employment agreement in place can protect you and your business. In addition to covering the general terms of employment, it’s usually a good idea to include both non-compete and non-disclosure clauses in your employment contracts. Texas healthcare business attorneys familiar with the sensitive information involved in health care businesses can draft strong employment agreements tailored to your specific practice.
Dispute Resolution and Legal Advice
As you operate your business, you may encounter disputes with other businesses, your employees, or customers. Regardless of who the complaint comes from, dealing with a business dispute can be difficult. Hiring an attorney to handle the dispute for you takes some of the stress out of the situation. Our medical business lawyers aim to resolve disputes quickly without litigation.
What’s more, we’re always happy to answer any legal questions you may have. Even if we don’t know the answer right away, we will research your question and provide you with an advisory opinion.
General Business Legal Services
We can also help your health care business with the suite of general small business services. These include:
- Assistance with mergers, acquisitions, selling your medical practice, and other transactions;
- Contract drafting, negotiations, and review;
- Strategic human resources planning;
- Assistance obtaining any required licenses or permits; and
- Protecting your brand and other intellectual property.
Whether you’re starting out on your own for the first time or looking to shore up an established business, our Austin healthcare lawyers can help you.
Special Considerations for Health Care Businesses
As a health care business, you may be subject to additional laws that don’t apply to other businesses. However, knowing what these laws are and how to comply with them can be difficult.
Medical integration is something that all healthcare professionals in Texas should be familiar with. In 2017, Texas Governor Greg Abbott signed SB 679 into law. This bill eliminated the obstacles preventing doctors of chiropractic in the state from running a business directly with a Texas licensed physician. Prior to this law, doctors of chiropractic and licensed doctors of medicine were required to maintain “dual entity” businesses that separated the two practices.
Now if you are interested in starting a new business, we can help you form a single entity practice. This model allows you to retain control and manage your business the way you want. Our Texas healthcare attorneys can also help you convert an older dual entity business into a single entity.
Compliance with Stark Law and Anti-Kickback Statutes
Fraud in the health care industry costs the United States billions of dollars each year. As a result, there are many state and federal laws that impose restrictions and penalties on health care businesses to reduce fraudulent activity.
The Stark Law is a federal law that prohibits doctors from referring patients to another provider if the doctor is personally or financially related to that provider. This law is sometimes referred to as a “self-referral” law and applies widely to health care businesses in the United States. There are many exceptions to this law. A health care business attorney can advise you on which ones may apply to your situation. The federal Anti-Kickback Statute serves a similar purpose. This law makes it illegal to knowingly exchange payment for referrals.
Our experienced attorneys can help you determine which laws are relevant to your practice and make sure you stay compliant.
Explore Healthcare Law Articles & FAQ
- Medical Office Compliance Plan: A Primer for Healthcare Business Owners (9/10/2021)
- Physician Employment Contracts and Your Healthcare Business (6/18/2021)
- How to Sell a Medical Practice in Texas: Step by Step Guide (4/1/2021)
- How to Buy a Medical Practice in Texas [Step by Step] (3/24/2021)
- Texas Chiropractors: Protect Your Practice During the COVID-19 Pandemic (3/24/2020)
- Texas Stem Cell Law Update (10/15/2019)
- Sex and Subluxation: A Legal Guide for Texas Chiropractors (3/29/2018)
- Employment Law Basics: Tips for the Entrepreneurial Doctor (12/15/2016)
- Starting a Business: Tips for the Entrepreneurial Doctor (9/7/2016)
We Are Texas Healthcare Lawyers
Massingill Attorneys & Counselors at Law provides high-quality legal representation to health care professionals across the state of Texas. As an attorney with the Texas Chiropractic Association, Joshua Massingill is deeply familiar with issues facing doctors of chiropractic in the state. Contact us or give us a call at 512-410-0343 to schedule a consultation.