Texas Healthcare-Law Attorneys Protects Your Rights
Legislation related to Tort Reform and federal bureaucratic injection into health care – and its evolving application through case law – continually transform the delivery of health care and its effect on patients. Understanding your rights and responsibilities requires ongoing education and generally requires consultation with those who understand the law. With more than 45 combined years of experience in the application of laws to health care, the lawyers at Friend & Associates are able to provide clients and potential clients with insight and direction.
Each situation and case is unique, so that legal evaluation for determination of how the law applies, or whether a claim exists depends upon the acumen and experience of the attorney. Preferably you want an attorney who has experience in both the medical and legal parameters, and has represented both sides of a claim.
Health Care Providers Need Early Legal Defense Against Regulatory Violations.
Providers are focused on physical and procedural aspects of application of evidence based medical treatments, and protocols as well as their effect on patients. They are not trained in application of the law or the mechanics of maneuvering through the regulatory process, especially when addressing licensing issues.
Regulatory and Licensing boards retain attorneys to determine whether violations against the provider exist, and apply the law to the facts against the nurse, therapist, physician or other provider. The Board attorneys and investigators are “not seeking justice for the licensee”… They are not “neutral”. Therefore, the odds are stacked against the Providers who attempt to navigate the regulatory procedures and defend him or herself against a complaint or allegations of regulatory violations. Unfortunately, many do not learn that until after the time has past under regulatory procedures for them to provide effective defenses, and, the provider has directly or indirectly conceded to penalties, suspension and supervision which are career altering.
Health Care is governed not only by statues that are inacted by legislatures, but by copious administrative regulations published by licensing and governing agencies that have become exponentially complex, and continually evolve because of the present bureaucratic environment. They weave into the regulator scheme, both civil and criminal penalties. The following are examples of law that affects medical providers:
- PPACA — Patient Protection and Affordable Care Act
- HIPAA — Health Insurance Portability and Accountability Act
- HITECH — Health Information Technology for Economic and Clinical Health
- Medicaid — Texas States and Regulatory – Administrative Codes
- Medicare – Federal Statutes and Federal Administrative Regulations
- Pharmaceuticals and prescriptions – State, Federal Civil and Criminal statues and regulations
- Licensure and safety – State, Federal Civil and Criminal statues and regulations
- Business and billing practices State, Federal Civil and Criminal statues and regulations
- Employment and Whistleblower statutes State, Federal Civil and Criminal statues and regulations
Patients’ rights in the healthcare system
Patients are granted in all areas of health care and are applicable to all health care providers. Remedies are provided to Patients when a Provider, insurance company or a other medical professional do not comply with those rights. The remedies very and may be effectuated through administrative regulatory procedures or through litigation. The include
Rights under federal and Texas laws, such as PPACA, HIPAA, Hospital and Rehabilitation and Long-term and nursing-home care statues and regulations are complex, and may include violations of privacy rights or malpractice claims.