Entries from December 2006 ↓

Hospital Administration or Physicians: Who Runs the Hospital?

Before I opened up my private law practice, I negotiated a physician-hospital joint venture. The administration-physician rivalry showed up during dinner with the hospital CEO and he made it pretty clear what his answer to this post’s title would be.

As the son of two physicians, I have a genetic bias but I do see both sides. Regardless, I believe enough law exists to prevent physician-hospital joint ventures that the rivalry becomes less of an issue getting the deal done and providing more medical services to the community.

CMS and the Magic 8-Ball

I’ve learned two truths in life. First, if you don’t like the weather in Texas, wait a minute. Second, if you don’t like the answer from CMS, hang up and call back.

It’s almost like the people on the front lines at CMS are issued Magic 8-balls instead of CMS compliance manuals. I understand healthcare law changes quickly, but isn’t that true for all areas of law? Of course, it may just be due to personnel resources. I can only imagine the sheer number of calls they receive each day. But wouldn’t it be more prudent to give healthcare practitioners no information and a referral to a healthcare lawyer as opposed to mixed-information?

Texas Eases Non-Compete Requirements

The Texas Supreme Court recently relaxed the requirements for non-compete covenants in Alex Sheshunoff Management Services, LP v. Johnson.

With Sheshunoff, employers are no longer required to provide an employee with confidential information and training at the same time the employee signs a non-compete agreement.

Thus, healthcare employers and employees should consider reviewing existing and future non-compete agreements with their counsel to assess enforceability.