Kennedy Attorneys & Counselors at LawKennedy Attorneys & Counselors at Law2026-07-24T14:03:24Zhttps://www.markkennedylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1604905/2022/01/cropped-favicon-32x32.pngOn Behalf of Kennedy Attorneys & Counselors at Law<![CDATA[What must a Texas hospice document for bereavement care?]]>https://www.markkennedylaw.com/?p=476532026-07-20T09:44:16Z2026-07-20T09:44:16Z1. Initial bereavement assessment
Your care team must complete the patient’s initial comprehensive assessment, including a review of initial grief-related needs, within five calendar days after the patient chooses hospice care. The team may include medical, nursing, social work and counseling staff.
The review must consider social, faith-based and cultural factors that may affect how they cope with the patient’s death. Examples include religious mourning customs, language barriers, cultural views on death or little support from family and friends.
2. Findings included in the plan of care
Include the assessment findings in the patient’s overall care plan. You must also consider those findings when developing the separate bereavement plan.
Records should identify the people who may need support and the needs revealed during the assessment.
3. Services and how often you will provide them
The written bereavement plan must state:
The kinds of services the hospice will offer
How often you will provide those services
Services may include counseling, support groups, calls, written materials or referrals based on each person’s needs.
4. Who will oversee the program
A qualified professional must oversee your hospice’s bereavement program. Document the supervisor’s education or experience in grief and loss counseling, along with their role in overseeing the program.
5. Support offered after the patient’s death
You must make bereavement services available for up to one year after the patient dies. Keep records of attempts to contact family members or caregivers, accepted or declined services, reassessments and changes in support.
Make documentation part of your compliance strategy
Bereavement records can reveal whether the hospice has clear procedures for assigning responsibilities, meeting deadlines and addressing gaps in care. A health care attorney can compare your policies, forms and staff procedures with Texas requirements and the federal Medicare Conditions of Participation, or Medicare compliance requirements. This review may help you identify inconsistencies before they become an issue during a survey, audit or regulatory investigation.]]>On Behalf of Kennedy Attorneys & Counselors at Law<![CDATA[What to know before partnering to open a practice]]>https://www.markkennedylaw.com/?p=476492026-07-20T08:46:04Z2026-07-02T09:33:37ZPartnership agreements carry hidden legal duties
Your partnership agreement serves as more than just a standard business document. In fact, it creates a safety framework that affects every single part of your practice. Specifically, the agreement must clearly define what each partner needs to do to follow the law. It should also outline who makes the final decision on legal matters and establish steps for fixing violations. Additionally, you should include rules for regular legal audits and staff training. Without these clear guidelines, you risk creating major confusion when legal issues pop up.
Financial arrangements must follow federal anti-kickback standards
When you design pay structures and split profits among partners, you enter a tricky legal territory. First, the Stark Law bans certain financial relationships between doctors and the businesses where they send patients. Similarly, Anti-Kickback Statutes stop deals that might unfairly influence where doctors refer patients. Consequently, you must design your partnership's finances to follow these rules:
Reflect fair market value: Pay partners what their services are actually worth on the open market.
Keep referrals separate: Never tie a doctor's pay to the number of patients they refer.
Keep clear records: Document a legitimate business purpose for every single payment.
Ultimately, these safeguards protect your practice from serious legal consequences and heavy fines.
Texas restricts corporate ownership of medical practices
Texas follows a rule called the corporate practice of medicine doctrine, which stops non-doctors from owning a medical practice or controlling medical decisions. This rule directly affects how you build your business, especially if you want to include business investors or managers who are not doctors. Because Texas law prohibits non-physicians from being partners in a medical entity, you must utilize a Management Services Organization (MSO) model to split clinical ownership from business operations. As a result, you must ensure that:
Doctors maintain total control through a 100% physician-owned entity.
Management contracts with outside investors do not hurt a doctor's independence.
Non-physician managers do not take profits based on the volume or value of medical treatments.
The business structure follows Texas laws for professional companies and management services.
Because of these strict rules, you face specific limits when you bring in business partners or look for outside money.
Buy-in and buy-out terms require legal planning
When partners join or leave your practice, the money moving around can trigger serious legal concerns. For this reason, your contract should address several key issues right from the start.
First, it should explain how leaving doctors will handle their ongoing patients.
Next, it must establish Texas-compliant non-compete rules that include required buyout provisions while respecting a patient's right to choose their own doctor.
Finally, it should use fair math to value the business.
In addition to those steps, you need a clear plan to split up legal costs during these ownership changes.
Talk about legal investments before you sign
Partners often argue over how much money to spend on legal software, staff training and legal support. Therefore, before you officially lock into a partnership, discuss your legal philosophy openly. Ask your potential partners about how much risk they are willing to take, their past experiences with law enforcement and their willingness to spend money on preventing problems. In the end, these tough conversations will reveal whether you share the same core values about running a safe, lawful practice.
Building your practice on solid ground
Legal compliance forms the foundation of any successful multi-physician partnership in Texas. However, trying to manage these complex rules without help can lead to expensive mistakes and missed opportunities. Fortunately, a strong legal team can help you handle these challenges. With the right guide, you can build a strong practice that protects your patients and reflects your professional values.]]>On Behalf of Kennedy Attorneys & Counselors at Law<![CDATA[What physicians should know before signing a hospital employment contract]]>https://www.markkennedylaw.com/?p=476442026-05-29T15:51:53Z2026-05-29T15:51:13ZSigning a hospital employment contract is one of the most consequential decisions you will make as a physician. The terms you agree to today can shape your income, your autonomy and your ability to practice for years to come.
How Texas law governs non-compete clauses
Texas restricts physician non-compete agreements under Tex. Bus. & Com. Code § 15.50. A valid covenant must be reasonable in scope and duration. Courts generally limit geographic restrictions to within five miles of your primary practice location and cap the post-employment period at one year. The agreement must also include a buyout clause at a reasonable price. Critically, the covenant cannot prevent you from treating a patient during an acute illness after your employment ends. Key terms to review in any non-compete clause include:
Geographic scope: Confirm the radius matches the statutory limit.
Duration: One year is generally the enforceable maximum.
Buyout amount: The figure must be reasonable and clearly stated.
Acute care carve-out: This patient protection must appear in writing.
Understanding these limits can help you identify language that may not hold up in court.
What to know about malpractice tail coverage
Tail coverage protects you from claims filed after you leave a position. If your policy is claims-made rather than occurrence-based, you will need tail insurance when your employment ends. This cost can range from $20,000 to $100,000 or more. Your contract should clearly state who pays for it.
How compensation structures work
Many hospital contracts start with a guaranteed base salary. After one to two years, your pay may shift to a work Relative Value Unit (wRVU) model tied to productivity. You should confirm the conversion rate, the bonus thresholds and whether those figures align with benchmarks for your specialty and region.
Understanding termination and call obligations
Most hospital contracts allow termination without cause with a 60- to 90-day written notice period. Contracts requiring longer notice periods can restrict your flexibility. For-cause terminations should include a cure period so you have time to address issues before the hospital ends your employment. Call obligations should be explicitly capped, with clear language on whether additional compensation applies above a set threshold.
Speaking with a healthcare attorney before you sign
Contract language that appears standard may carry significant risk. An attorney familiar with Texas healthcare law can help you identify terms worth negotiating. Speaking with a lawyer may clarify how these rules apply to your situation ]]>On Behalf of Kennedy Attorneys & Counselors at Law<![CDATA[Responding to a hospice whistleblower complaint in Texas]]>https://www.markkennedylaw.com/?p=476392026-04-29T06:27:01Z2026-04-29T06:27:01ZA whistleblower complaint can put your hospice operation under immediate legal scrutiny. Texas and federal law impose strict obligations on employers who receive these reports.
Stop and secure before you act
Your first priority is to avoid retaliation.Texas Health and Safety Code § 161.134 prohibits hospice employers from suspending, terminating or disciplining an employee for reporting a legal violation. The law creates a 60-day presumption. If you discipline a reporting employee within that window, Texas law presumes the action was retaliatory and shifts the burden of proof to you.Preserve all relevant records right away. Secure emails, billing files and patient documentation tied to the complaint. Limit access to senior leadership and your compliance officer.
Identify what the complaint involves
Not every complaint carries the same legal risk. Review the report carefully to understand its focus. Common categories include:
Patient care: Neglect, abuse or safety concerns.
Billing: Suspected Medicare or Medicaid fraud.
Licensing: Regulatory noncompliance or documentation gaps.
Each category triggers different legal obligations and may involve different agencies. Knowing the complaint type early shapes how you respond.
Investigate with a neutral party
Assign someone without a direct connection to the allegations to lead the review. This could be an internal compliance officer or outside legal counsel. Conduct interviews, review records and document every step. A thorough investigation protects your organization if the matter reaches a state or federal agency.If the review confirms a significant billing violation, consult your attorney about voluntary disclosure to the Office of Inspector General or Texas Health and Human Services.
Speak with a healthcare attorney early
A hospice whistleblower complaint can involve the False Claims Act, state retaliation statutes and Medicare regulations at the same time. An attorney experienced in healthcare law can help you understand how these overlapping rules apply to your situation. For guidance on how these obligations may affect your practice, consider speaking with a lawyer who handleshealthcare business matters. ]]>On Behalf of Kennedy Attorneys & Counselors at Law<![CDATA[What happens when the OIG audits your Dallas practice]]>https://www.markkennedylaw.com/?p=476232026-04-01T05:15:12Z2026-04-01T05:15:12ZThe Office of Inspector General (OIG) recovered $95.7 million from Texas healthcare providers in early 2026. This means your Dallas practice could face an audit at any time. Missing documentation during an audit may cost you more than money, potentially ending your ability to participate in federal healthcare programs.
New documentation requirements
Federal healthcare programs have strict documentation standards. The False Claims Act holds providers liable for submitting claims without proper supporting records. Auditors can find billing errors based on missing files even when you actually provided the services.The Centers for Medicare and Medicaid Services (CMS) finalized new rules in March 2026. These rules require secure electronic timestamps for audit submissions. Practices still using paper logs or faxes may face penalties, with Dallas area providers in Medicare or Medicaid facing closer review under these new rules.
Common documentation failures that trigger penalties
The OIG's 2026 Work Plan targets specific gaps in your records. Healthcare practices may face consequences when auditors find issues like:
Electronic signatures that look the same across all patient files
Weak records for office visits billed on the same day as a procedure
Billing codes that do not match what your records show
Missing proof of 20-plus minutes spent on chronic care management
Each of these gaps can lead auditors to say you billed incorrectly. Physicians made up 17% of Texas cases in Q2 2026, with many facing penalties for these exact documentation problems.
How artificial intelligence (AI) targets your practice
The OIG now uses computer programs to find practices with unusual billing patterns. These programs compare your billing to other North Texas practices. If your billing is much higher than average, the system flags your practice for a detailed review of your records.
How compliance programs protect against audit exposure
Healthcare practices without formal compliance programs face greater risk during OIG audits. The February 2026 Industry Segment-Specific Compliance Program Guidance requires practices to demonstrate active internal self-audits performed within the last 12 months. Generic compliance manuals no longer provide sufficient protection.
Why legal guidance matters for OIG audits
OIG audits involve complex federal rules that healthcare providers rarely encounter in daily practice. A skilled healthcare compliance attorney can review your documentation practices and identify areas of potential legal risks. The documentation you create today becomes the evidence that either protects or exposes you tomorrow.]]>On Behalf of Kennedy Attorneys & Counselors at Law<![CDATA[Common types of Medicare fraud to watch out for in Texas]]>https://www.markkennedylaw.com/?p=476192026-02-26T15:28:57Z2026-02-26T15:28:57ZWhat is Medicare fraud?
Medicare fraud is the intentional deception of the Medicare program by providers or individuals to receive payment without authorization. Bear in mind that Medicare is a federal program, which means federal law drives most enforcement, even when the conduct occurs in Texas.
Under 42 United States Code Section 1320a-7b(b), it is against the law to offer or receive payment to induce referrals for services that federal healthcare programs provide. This discourages fraud in health care benefit programs such as Medicare.
Examples of Medicare fraud schemes in Texas
Many scams start with phone calls, online ads or offers of “free” items. If someone pressures you to share your Medicare number or promises something for nothing, you should pause and verify the source. Some common examples of fraud include:
Billing for services you never received. You see charges for office visits, lab tests, therapy or home health services that you did not receive or ask for.
Unnecessary equipment or supplies. A caller pushes braces, genetic tests, catheters or diabetic supplies you do not need, then bills Medicare after a brief or nonexistent consultation.
Upcoding. A provider bills Medicare for a more complex or expensive service than the one you actually received.
Kickbacks. Someone offers you cash, gift cards or other benefits in exchange for your Medicare number or for using a specific clinic, lab or supplier.
Sham telehealth visits. A short call, or no call at all, leads to claims for telehealth services or to orders for equipment and tests.
You can reduce the risk of becoming a victim to Medicare fraud by reviewing your Medicare Summary Notice and comparing it to the care you receive. If you find mismatching or incorrect charges, you can report to Medicare or the HHS Office of Inspector General.
In Texas, Medicare fraud often involves false billing, unnecessary equipment schemes, upcoding, kickbacks and sham telehealth claims. You can help protect yourself by keeping your Medicare number to yourself, reviewing your statements carefully and reporting suspicious activity to the relevant agencies and authorities as soon as possible.]]>On Behalf of Kennedy Attorneys & Counselors at Law<![CDATA[What you need to address in a healthcare-related lease]]>https://www.markkennedylaw.com/?p=476132026-01-12T16:43:08Z2026-01-12T16:43:08Zkickbacks, so let’s look at what you can do to ensure you abide by federal regulations while protecting yourself as fully as possible.
Achieving federal compliance when renting medical space
You can still rent space from a hospital system, but you have to do so carefully. This means understanding the federal requirements and how to effectively navigate them. Here’s what you should be prepared to do in these circumstances:
Put the lease agreement in writing.
Ensure that all parties have signed the agreement.
Include a detailed description of the premises to be leased.
Make sure that the leased premises is reasonable in its size and location.
Include a term that specifies that the property is only to be used by the lessee.
Confirm that the rental price was set in advance.
Ensure that the rental price is fair market value.
Avoid any language that ties rental rates and charges to expected referrals.
Be able to specify how the lease is commercially reasonable even if it didn’t involve healthcare entities.
On their face, these steps may seem simple enough. But the fact is that there can be challenges here. For example, what would be considered fair market value under the circumstances?
The fair market value determination
Defining fair market value can be tough. Essentially, fair market value is based on the price paid in bona fide transactions of similar type in the area. So, one way to find fair market value is to conduct market research, looking for similar properties that have rented in the recent past for similar purposes. This may be challenging to do depending on your circumstances, though, which is why it might be helpful to secure expert assistance with developing your lease agreement. Otherwise, if you try to determine fair market value on your own, then you could wind up settling on a rental rate that results in the federal government questioning the lease arrangement.
Don’t let non-compliance with federal rules and regulations disrupt your business
There are several rules and regulations to navigate when operating in the medical industry. You have to competently address each of them if you don’t want to land in hot water with the government. We know that dealing with the intricacies of your business can be challenging, but you can work with a legal professional to ensure that your interests are protected and that your business can thrive.]]>On Behalf of Kennedy Attorneys & Counselors at Law<![CDATA[Five ways to defend against workplace discrimination claims]]>https://www.markkennedylaw.com/?p=476122025-12-15T21:22:30Z2025-12-15T21:22:30Z
Carefully reading the complaint: The initial pleading in your workplace discrimination case should clearly lay out the allegations against you. By carefully reading them, you’ll gain a better sense of what your company is accused of and where you may be able to find weaknesses in the claimant’s case.
Investigating the accusations: If the claimant made allegations prior to filing their legal claim, then your company may have already conducted an investigation into the matter. But with a lawsuit filed, it may be a good idea to revisit the alleged facts to determine for yourself what’s true and what isn’t.
Assessing your motivations: Simply because you took an adverse employment action against the claimant doesn’t mean that your company engaged in discriminatory practices. In fact, there may have been compelling business reasons for taking the action you did. For example, there may have been better qualified candidates for a promotion, or the claimant may have engaged in wrongdoing in the workplace that justified their dismissal. Gather evidence of these legitimate intentions so that you can directly counter the claimant’s assertions.
Re-investigating the claimant: Even if the action taken by your company appears, on its face, to be discriminatory in nature, you might still be able to defeat a claim if you later uncover evidence that warrants the action taken. For example, if you discover after the filing of the claimant’s legal action that they had stolen from the company, then your initial intentions don’t matter as much. So, once a claim has been filed against your company, be sure to delve deep into the claimant’s actions while they were with your business to determine if there’s evidence you can use to your advantage.
Assessing credibility: The claimant may have multiple witnesses lined up to testify against your company, or they might rely on just their own accounts in hopes of securing a win. Either way, you need to assess the credibility of the claimant and their witnesses to see if there’s a way to attack the reliability of their testimony. This is often accomplished by deposing anticipated witnesses and pointing out inconsistent statements to show that their account of events can’t be trusted.
A haphazardly thrown together workplace discrimination defense can leave you facing the possibility of a bad outcome. By being diligent and thorough, you’ll hopefully find a path forward that protects your interests and secures a brighter future for your company.]]>On Behalf of Kennedy Attorneys & Counselors at Law<![CDATA[Third-Party Risks Healthcare Providers Can’t Afford to Ignore]]>https://www.markkennedylaw.com/?p=476112025-11-28T10:51:08Z2025-11-28T10:51:08ZHIPAA and third-party risk
The Health Insurance Portability and Accountability Act (HIPAA) controls how providers (aka Covered Entities) work with other vendors that handle electronic protected health information (ePHI). Providers must sign Business Associate Agreements (BAAs) with every vendor. The BAAs will require vendors to follow HIPAA’s Privacy and Security Rules when handling ePHI.
It is important for all parties involved to know that shared liability exists. This means that if a vendor causes a breach, the provider can face regulatory review and penalties under the Health Information Technology for Economic and Clinical Health (HITECH) Act.
Enforcement trends 2025–2026
The U.S. Department of Health and Human Services’ Office for Civil Rights (HHS OCR) are increasing audits and penalties for providers that lack proper risk analysis or fail to oversee vendors. Proposed HIPAA Security Rule changes would require encryption, multi factor authentication and yearly audits. You may face fines, corrective action plans and damage to your reputation if you fail to comply.
Emerging technologies and vulnerabilities
Telehealth platforms, artificial intelligence (AI) tools and cloud services can improve care. Unfortunately, they also introduce new risks. As a provider, you must keep an eye on these systems for security gaps, biased algorithms and compliance failures. Regular testing, simple audits and clear vendor rules help spot problems before they hurt patients.
Additional strategies to reduce third-party risk
Here are extra steps that go beyond vetting and contract terms. They help lower your exposure and speed recovery if something goes wrong:
Limit vendor access and require cyber insurance.
Keep independent backups and test breach response.
Train vendor staff and enforce secure offboarding.
Require rapid breach notification and a clear incident contact.
Together, these strategies reduce risk for your business and shorten downtime.
Protect your practice
Healthcare providers who manage third-party risks proactively safeguard patients, operations and finances. Consulting an attorney experienced in healthcare businesses can protect you from legal disputes and issues that can affect your operations. Do not wait until it is too late. The best time to protect your practice is now.]]>On Behalf of Kennedy Attorneys & Counselors at Law<![CDATA[The Future of Prescription Drug Pricing Regulations]]>https://www.markkennedylaw.com/?p=476102025-11-28T09:57:16Z2025-11-28T09:57:16ZUpcoming laws that reshape pricing in 2026
Federal oversight expands in 2026 via the Inflation Reduction Act (IRA), which starts Medicare drug price negotiations and tougher transparency rules. The Centers for Medicare & Medicaid Services (CMS) will enforce new pricing-reporting duties.
At the state level, Texas is increasing Pharmacy Benefit Manager (PBM) reporting through SB 1236. More upcoming bills will aim for even greater transparency. These shifts will increase compliance pressure. Fortunately, if you strengthen internal systems now, you are more likely to avoid legal issues than those who wait.
Market forces that push prices higher
Inflation, supply chain issues and drug shortages drive prices up. These pressures make contracts harder to manage and increase stress on reimbursement. A Texas healthcare attorney can help you understand payment terms that shift with these market conditions.
Technology that changes compliance expectations
The Federal Trade Commission (FTC) and the Texas Department of Insurance (TDI) now use artificial intelligence (AI) tools to spot pricing problems and PBM irregularities. You can stay ahead if you run your own internal audits with similar tools because audits reveal issues before regulators do.
Post-pandemic policy trends that still affect pricing
COVID-19 changed the way Texas handles healthcare costs. Expired waivers, tighter oversight and new reimbursement rules all shape today’s pricing environment. Providers who follow these trends adjust more quickly to upcoming 2026 rules.
Enforcement lessons from 2025 and early 2026
Regulators have increased scrutiny of inaccurate price reporting and PBM misconduct, and courts now expect clear, consistent records. Providers who fail to comply risk audits, fines and regulatory penalties. In serious cases, violations can trigger lawsuits or enforcement actions that may disrupt operations.
Why proactive planning matters
Texas providers who update systems now place themselves in a stronger position when 2026 rules take effect. Early legal planning with experienced healthcare lawyers will allow you to review contracts as you tighten reporting processes and adjust to federal and state reforms that grow more complex each year.]]>