Evolution and Refinement: Recent Texas Legislative Efforts on Medical Records, Corporate Practice, and Other Issues


In This Presentation:

Question 1:

• If a physician complies with HIPAA, he or she has also complied with all requirements of Texas’ medical privacy laws.
• True
• False

Question 2:

• Employee training requirements under Texas law are stricter than under HIPAA.
• True
• False

Question 3:

• Under Texas law, all hospitals can employ physicians because they are exempt from Texas’ corporate practice of medicine prohibition.
• True
• False

The Corporate Practice of Medicine and Physician Employment in Texas

The CPOM Doctrine
• Texas, like most states, recognizes a prohibition on general business entities practicing medicine
• Concern is that only natural persons can be licensed to practice medicine and corporate employers will unduly influence physician employees’ professional judgment and interfere in the physician-patient relationship

• The practical effect of it is the prohibition of the employment of physicians by non-licensed persons or entities
• Many states have modified it or else rarely enforce it
• Some states allow employment by general corporations as long as physician control maintained (e.g., MS, SC, LA)
• Others retain the prohibition but lack active enforcement (e.g. NV)
• At least one state has a stricter standard (CA)

Please see full presentation below for more information.


LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jackson Walker | Attorney Advertising

Written by:


Jackson Walker on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.