Healthcare Law Attorneys in Texas

Health care is among the most heavily regulated industries in the United States. Medicare and Medicaid impose participation conditions, billing rules, and fraud enforcement; licensing boards can suspend or revoke a practitioner’s license; and privacy laws govern every patient record. Texas providers, from large hospital systems to independent practices and telehealth companies, work under overlapping federal and state rules, including HIPAA, the Stark Law, the Anti-Kickback Statute, and the Texas Medical Practice Act.

Texas added new rules in 2025. Senate Bill 1188 requires covered entities to keep electronic health records containing patient information physically in the United States or a U.S. territory, a requirement that applies to records stored on or after January 1, 2026, and allows a practitioner to use artificial intelligence for diagnostic purposes only if, among other conditions, the practitioner reviews all records created with AI consistent with Texas Medical Board standards, and requires the practitioner to disclose that use to patients (Health and Safety Code § 183.005). Senate Bill 1318 limits non-competes for physicians, dentists, nurses, and physician assistants. Both took effect September 1, 2025. See also the guides to cybersecurity and data privacy attorneys in Texas and employment law attorneys in Texas.

What Healthcare Law Attorneys Handle

Regulatory Compliance

Attorneys build compliance programs scaled to the organization, audit billing before government contractors do, structure physician compensation and leases under the Stark Law and Anti-Kickback Statute, and draft HIPAA and Texas privacy policies, including SB 1188 record storage and AI disclosure practices. Under SB 1188, civil penalties can reach $5,000 per negligent violation, $25,000 per knowing or intentional violation, and $250,000 when protected health information is knowingly or intentionally used for financial gain.

Audits and Investigations

Record requests from CMS contractors, OIG investigations, and inquiries from the Texas Attorney General’s Medicaid Fraud Control Unit call for a careful response. Attorneys manage document production, communicate with investigators, challenge statistical sampling and overpayment calculations, pursue administrative appeals, and defend False Claims Act allegations.

Licensing Board Defense

Complaints to the Texas Medical Board, the Texas Board of Nursing, and other boards put practitioners’ licenses at risk. Attorneys represent providers in informal settlement conferences, contested hearings, and appeals on standard of care, boundary, impairment, and criminal-history issues.

Transactions and Employment

Practice acquisitions, joint ventures, and physician employment agreements must satisfy fraud and abuse laws and, after SB 1318, Texas limits on health care non-competes. A physician non-compete must allow a buyout for no more than the physician’s total annual salary and wages, expire within one year after employment ends, cover no more than a five-mile radius from the primary practice location, and be clearly stated in writing. These limits apply only to covenants entered into or renewed on or after September 1, 2025 (SB 1318, Section 4).

How to Choose a Healthcare Law Attorney

Board certification. The Texas Board of Legal Specialization certifies attorneys in Health Law.

Provider-side focus. Health law includes patient, insurer, and provider work. If you are a provider, choose an attorney who regularly represents providers.

Transaction experience. Ask about recent practice sales, joint ventures, and employment arrangements and how the attorney handled Stark, Anti-Kickback, and non-compete issues.

Regulatory and agency experience. Ask about experience with the agencies involved in your matter, such as CMS contractors, OIG, HHSC, or the Texas Medical Board.

Texas Healthcare Law Attorneys

Weaver Johnston Nelson, PLLC

Location: Dallas, Texas (statewide practice)

Website: https://weaverjohnston.com

Phone: (214) 705-3515

Multiple attorneys at this Dallas-based firm hold Board Certification in Health Law from the Texas Board of Legal Specialization, an honor held by fewer than 100 attorneys statewide. Weaver Johnston Nelson is the only Texas law firm accredited by the Texas Medical Association to offer continuing medical education courses. The firm represents hospitals, surgery centers, physician groups, dental practices, and other healthcare providers across Texas.

Practice Focus: HIPAA compliance, Stark Law and Anti-Kickback Statute guidance, healthcare transactions and M&A, Medicare enrollment, payor audits and disputes, licensing board defense

Hendershot Cowart P.C.

Location: Houston, Texas (national practice)

Website: https://www.hchlawyers.com

Phone: (713) 528-8793

With more than 100 years of collective experience, this Houston firm has earned national recognition for healthcare compliance defense. The attorneys represent providers facing audits, investigations, and allegations of waste, fraud, and abuse from the Office of Inspector General, Texas Attorney General, and private insurers. They develop compliance programs and defend providers when those programs face scrutiny.

Practice Focus: Healthcare regulatory compliance, False Claims Act defense, Anti-Kickback and Stark Law compliance, HIPAA implementation, audit defense, fraud investigations

Jackson Walker LLP

Location: Houston, Dallas, Austin, San Antonio (statewide)

Website: https://www.jw.com

Phone: (713) 752-4200

This Texas-based firm’s healthcare practice represents research institutions, academic medical centers, hospitals, health systems, physicians, and healthcare enterprises throughout the state. The team advises on transactional matters, regulatory compliance, and operational issues including Medicare revocations, Stark repayments, reimbursement appeals, and HIPAA breaches. Their attorneys include former in-house counsel who bring practical operational perspective.

Practice Focus: Healthcare transactions and joint ventures, compliance program development, Medicare and Medicaid reimbursement, HIPAA breach response, provider licensing, managed care contracting

Costs and Fees

Compliance programs and transactions are often priced as fixed fees for a defined scope or billed hourly. Audit defense, investigations, and licensing board matters are usually billed hourly, often with a retainer, and the total depends on whether the matter resolves informally or goes to a contested hearing. Ask for a written estimate.

Frequently Asked Questions

What triggers a Stark Law violation?

The Stark Law prohibits a physician from referring Medicare patients for designated health services to an entity with which the physician, or an immediate family member, has a financial relationship, unless an exception applies (42 U.S.C. § 1395nn). Problems arise when compensation is not fair market value, when an arrangement does not meet every element of an exception, or when the compensation formula includes the physician’s referrals as a variable so that pay rises or falls with referral volume or value (42 C.F.R. § 411.354(d)(5)). Even technical noncompliance can require repayment.

How quickly must we respond to a HIPAA breach?

Covered entities must notify affected individuals without unreasonable delay and no later than 60 calendar days after discovering a breach of unsecured protected health information (45 C.F.R. § 164.404), unless a law enforcement official requests a delay (§ 164.412). If a breach involves 500 or more individuals, HHS must be notified at the same time as the individuals, and if more than 500 residents of a single state or jurisdiction are affected, prominent media outlets serving that area must also be notified (§§ 164.406, 164.408). Smaller breaches are logged and reported to HHS within 60 days after the end of the calendar year. Texas law separately requires notice to the Texas Attorney General no later than 30 days after determining that a breach occurred if it involves at least 250 Texas residents (Business and Commerce Code § 521.053).

Can the Texas Medical Board suspend my license during an investigation?

Yes. A three-member disciplinary panel of the Board must temporarily suspend or restrict a license if it determines from the evidence that the physician’s continuation in practice would be a continuing threat to the public welfare. The panel can act without notice or hearing if the Board immediately notifies the physician and schedules a hearing before a disciplinary panel for the earliest possible date after 10 days’ notice of hearing (Occupations Code § 164.059). Engaging counsel early lets the physician respond to the evidence before the panel acts.

Sources

• HIPAA breach notification: 45 C.F.R. § 164.404; § 164.406; § 164.408; § 164.412
• Stark Law: 42 U.S.C. § 1395nn; 42 C.F.R. § 411.354
• Texas: Occupations Code § 164.059; Business and Commerce Code § 521.053; Senate Bill 1188 (2025), enrolled text; Senate Bill 1318 (2025), enrolled text

Disclaimer: This directory is provided for informational purposes only and does not constitute legal advice, endorsement, or recommendation of any attorney or law firm. Information about attorneys and law firms was compiled from publicly available sources and may not be current or accurate. We make no representations or warranties about the qualifications, experience, or quality of any attorney listed. Always verify attorney credentials with the State Bar of Texas, confirm current contact information, and conduct your own due diligence before hiring legal counsel. No attorney-client relationship is created by use of this directory.