Legal

TMA Considers Next Steps in Split Victory Over Payment Calculations in Surprise-Billing Arbitrations - 11/15/2024

After winning half the battle when the federal government dropped its appeal of two major components of the Texas Medical Association’s lawsuit early on, TMA is considering next steps after an appeals court upheld a portion of federal rules governing qualifying payment amount calculations in surprise-billing disputes that medicine says conflict with federal law and unfairly favor health plans.

High Court Decision Brings Favorable Wind for Physician Experts - 11/04/2024

The Texas Supreme Court has sided with the Texas Windstorm Insurance Association – and by extension, with medicine – in a case that impacts physicians who testify as expert witnesses in their own defense.

With FTC Rule in Limbo, Texas Legislature to Reconsider Noncompetes - 09/20/2024

Amid a pair of conflicting court rulings – one of which blocked a Federal Trade Commission (FTC) final rule banning most noncompete clauses – the Texas Senate is pondering related legislation for the upcoming session that could impact a significant number of physicians statewide.

Risk Management - 08/15/2024

Practice e-Tips on Risk Management

TMA Wins Appeal Upholding Its Challenge to Skewed Federal Surprise Billing Rule - 08/05/2024

A federal appeals court handed a victory to medicine affirming the district court’s decision to strike down federal provisions that run counter to Congress' intent for implementing a key piece of the No Surprises Act: to operate an arbitration process that does not skew dispute resolutions and unfairly advantage health plans. Read more.

More Work Needed to Protect Texas Physicians - 06/28/2024

Following the Texas Medical Board’s newly adopted rules on abortion ban exceptions, the Texas Medical Association continues its advocacy for physicians performing abortions to treat a medical emergency under the state’s overlapping abortion laws.

TMB Proposed Rules on Abortion Ban Exceptions Invite TMA Opposition - 05/14/2024

The Texas Medical Board (TMB) recently released proposed rules intended to clarify exceptions to the state’s overlapping abortion laws. But TMA argues the proposal could exacerbate physician confusion, administrative burden on practices, and patient care delays. Read more.

Seeking Balance: TMA Opposes Feds' Implementation of the No Surprises Act - 04/09/2024

The Texas Medical Association supported the patient protections in the federal No Surprises Act but also knew from the beginning that the law's payment arbitration provisions were flawed and could give insurers an advantage.

RICO Settlements: TMA's Leadership Against Payer Abuses Resulted in Relief, Reform - 04/09/2024

Back in 2001, the Texas Medical Association and the other plaintiffs alleged the nation’s major health plans had conspired to delay and reduce payments to clinicians and hospitals; the resulting lawsuits, brought under the federal Racketeer Influenced and Corrupt Organizations Act (RICO), represented a watershed moment in TMA history.

Exceptional Circumstances: TMA Advocates “Legislative Clarity” Amid State Abortion Bans - 03/05/2024

TMA advocates “legislative clarity” amid state abortion bans.

Noncompete Concerns Spark Ongoing TMA Advocacy, Resources - 09/19/2023

The Texas Medical Association continues to receive reports of physician concerns over noncompete agreements, underscoring medicine’s ongoing legislative and regulatory advocacy efforts to strike a balance that works for physician employers and employed physicians alike.

Practice E-Tips on Legal Topics - 07/20/2023

TMA Practice E-Tips on Legal Topics

Fighting Back: Practice Wins Court Battle Over Defamatory Online Reviews - 06/20/2023

One practice’s recent legal battle epitomizes physicians’ worst nightmares when it comes to online reviews. Here’s an extreme but glaring real world example, straight from the documents in a lawsuit that Austin Eye first filed in October 2017 over

TMA Asks AMA to Stay Out of Affordable Care Act Suit - 05/02/2023

Leaders of the Texas Medical Association on Tuesday publicly objected to the American Medical Association’s plans to get involved in a high-profile federal lawsuit — filed in Texas — challenging the constitutionality of the Affordable Care Act.

TMA Analyzes FTC Proposed Ban on Noncompetes - 03/09/2023

The interplay between federal and state efforts to ban noncompete agreements remains unclear as Texas Medical Association experts analyze a proposed Federal Trade Commission (FTC) rule on the matter.

Pay Now or Pay Later? Supreme Court Adds Clarity Around Negligence Awards - 07/29/2022

Case by case, courts are clarifying a piece of Texas’ tort reform law that’s meant to keep physicians from paying part of a medical negligence award in one prohibitive and devastating gulp.

“Black Robes, Not White Coats”: Can Courts Compel Unproven Treatments? - 06/29/2022

COVID-19 patients and their families have involved judges and attorneys in an effort to compel physicians to treat the disease in unproven ways, against their medical judgment. And in some cases around the country, patients’ families have been successful in getting a court order to do so. The Texas Medical Association’s Committee on Patient-Physician Advocacy, while not directly involved in such cases, has a keen interest in making sure physicians can exercise their medical judgment.

Contract Do’s and Don’ts: How to Negotiate From a Place of Strength - 06/29/2022

By leaning on Texas Medical Association resources and their own health care attorney, physicians can gain confidence and better negotiate favorable terms to secure their economic success.

How to Start a Medical-Legal Partnership - 06/29/2022

Medical entities can join forces with legal entities to form medical-legal partnerships (MLPs), and these partnerships are helpful for patients whose conditions are worsened by social determinants of health.

Picking the Right Battles: TMA Stands Up for Medicine in the Courts - 06/29/2022

When a big point of legal contention arises – “big” meaning impactful for Texas physicians and their patients – the Texas Medical Association responds big. That’s been the case for decades, including in the courts. 

Supreme Court Sides With Physician’s Push to Clear National Practitioner Data Bank Record - 06/14/2022

In a major victory for medicine, a Texas Supreme Court decision has paved the way for physicians exonerated of wrongdoing to fully clear their names in the National Practitioner Data Bank (NPDB), the federal clearinghouse that records certain adverse or disciplinary actions taken against health care workers.

Dulling the Pain of Future Damages: High Court Ruling Addresses Periodic Payments - 05/31/2022

Texas Supreme Court decision carries new implications for periodic payment of future medical expenses.

Surgeon’s Multimillion-Dollar Defamation Award Tossed by Texas Supreme Court - 05/16/2022

The Texas Supreme Court has nullified a $6.4 million jury verdict for a Houston cardiothoracic surgeon in his lawsuit alleging defamation and business disparagement by Memorial Hermann Hospital System.    

AMA Honors TMA Attorney With Lifetime Achievement Award - 05/04/2022

The American Medical Association (AMA) has honored Donald P. “Rocky” Wilcox, vice president and general counsel of the Texas Medical Association (TMA), with the Medical Executive Lifetime Achievement Award. The award honors a medical association executive who has contributed substantially to the goals and ideals of the medical profession.

Legal Legacies: TMA General Counsel Rocky Wilcox Retires After 42 Years of Service - 05/01/2022

After nearly five decades of service to organized medicine, Rocky Wilcox, the man behind TMA’s storied history of advocating for physicians and their patients through the legal and legislative systems is retiring. But the legacy he leaves behind has put physicians in Texas – even across the nation – on solid legal ground.