Larry “Max” Maxwell
Larry “Max” Maxwell is a member of the State Bar of Texas and is Board Certified in Health Law by the Texas Board of Legal Specialization. He has practiced exclusively in health law, primarily representing the provider community. This practice that has spanned more than three decades focuses on the interests of physicians (individuals and groups), hospitals and other licensed facilities such as independent diagnostic testing facilities, nursing homes, home health agencies and durable medical equipment suppliers. He is currently retained general counsel for Texas hospitals operated by a national hospital system. His non-hospital practice counsels an array of health service professionals in their practice settings and enterprises that serve health service professionals. These are described in the areas of health law practice below.
AREAS OF HEALTH LAW PRACTICE
Hospital Law Practice
For-profit, non-profit tax exempt and governmental facilities and related foundations, and affiliated physician groups
- Professional service agreements
- Medical office space leases
- Medical equipment leases
- Medical staff bylaws and rules and regulations
- Medical staff credentialing and peer review actions (including hearing officer role); Health Care Quality Improvement Act;
- Hospital-physician joint venture development and offerings
- Development of non-profit health corporations for physician employment and employment agreements including restrictive covenant issues (Texas Business & Commerce Code)
- Physician practice acquisition agreements
- Patient rights including consent, advance directives, durable power of attorney for health care decisions
- Federal Emergency Medical Treatment and Active Labor Act (“EMTALA”) and Texas Indigent Care and Treatment Act; Patient transfers
Physician Law Practice
Counseling solo and group physician practices
- Preparation of documents for professional associations, professional limited liability companies and partnerships and professional corporations
- Development of ownership interest documents (shareholder agreements, PLLC membership interest agreements, buy-sell agreements)
- Employment agreements for senior and junior group physicians
- Physician Recruitment and Income Guarantee Assistance agreements
- Professional Service and Medical Director agreements with facilities (hospitals, surgery centers, nursing homes, home health agencies and other licensed facilities)
- Texas Occupations Code
Imaging Centers and Ambulatory Surgery Centers
- Development of startup ventures including entity formation, joint venture offerings, private placement memorandums
- Review joint venture investment opportunities
- Prepare professional service agreements
- Regulatory compliance review for Stark, Anti-Kickback, False Claims and Civil Monetary Penalty statute (Safe Harbors, OIG Advisory Opinions, Special Fraud Alerts, Physician Referral Law Exceptions, Federal Elements and Guidance for Compliance Programs, Federal Sentencing Guidelines)
- Adherence to state corporate practice of medicine requirements
- Health Insurance Portability and Accountability Act (“HIPAA”) and Health Information Technology and For Economic and Clinical Health Act” (“HITECH”) privacy review and review and preparation of business associate agreements
- State and federal antitrust review (Statements of Antitrust Enforcement Policy in Health Care)
- State licensure (Texas Health & Safety Code, Texas Administrative Code), Joint Commission accreditation and Medicare Conditions of Participation
- State Bar of Texas Health Law Section liaison on specialty certification in health law to the Texas Board of Legal Specialization since 2002.
- Texas Board of Legal Specialization examination coordinator for health law specialty certification since 2008.
- University of North Texas Dallas College of Law adjunct faculty in health law since 2015.
- University of North Texas Health Science Center Institutional Review Board member since 2010.
- Board Certified in Health Law since inception 2002.
- Member of Dallas Bar Association Health Law Section and former and founding chair (1997), Member of State Bar of Texas Health Law Section and former Section chair (2001) and member of the American Health Lawyers Association and American Bar Association Health Law Section.