Mergers and acquisitions (or “M&As”) are legal and business processes that join two companies under one operation. M&As may reduce or remove competition, increase profits, reduce administrative overhead, and can combine the best aspects of former marketplace competitors. M&As are particularly prevalent in the home medical equipment industry (“HME”). Since 2010, there has been a […]
Selling or buying mineral rights is a legal transaction that requires a real estate deed specifically outlining the types of mineral rights being transferred. State laws generally control these transfers. All parties must be aware of laws and regulations regarding the sale of mineral rights and should have experienced legal assistance during the process. Proving […]
The Food and Drug Administration (FDA) is responsible for regulating food, drugs, and medical devices. This responsibility enables the organization to create regulations, enforce safety standards, and issue recalls. The administration can also release guidelines to help medical device manufacturers confront cybersecurity threats. Hackers exploit companies, governments, and systems because there are gaps in security […]
Physicians should know the basics of complying with the Stark law. Although this law was originally passed in 1989, it has continued to be expanded. The regulations under the Stark Law can be tough to keep up with, but understanding the basics is essential for any healthcare practice. What is the Stark Law? The Stark […]
Whether this is your first or fifth business acquisition, this type of transaction can be an emotional and exhilarating experience. For many people, purchasing a business is the culmination of a lifelong dream. For others, it is a strategic acquisition that will make a current business more competitive for the future. Regardless of whether you’re […]
Selling a business is not as simple as a handshake and a nod. There are multiple steps, any one of which could derail the entire process and expose you to litigation. The closer you get to selling your business, the higher the likelihood you could be subjected to litigation if the sale falls through. However, […]
The Stark Law is a federal law that prohibits doctors from engaging in “self-referrals.” A self-referral occurs when a doctor orders a designated health service that is payable by Medicaid or Medicare and that service is provided by an entity with which the physician has a financial relationship. For example, unless an exception to the […]
Choosing to sell your pharmacy is an important decision. Your business is the culmination of years of work and sacrifice. It is an understandably difficult choice to make, but one that all business owners will likely face. Whether you are selling because you received an offer you cannot refuse or you are moving on to […]
Violations of the Health Insurance Portability and Accountability Act (“HIPAA”) are serious offenses that will likely result in heavy fines. If an employee compromises a patient’s private health information, your facility must follow guidelines for reporting that violation. However, it is possible to catch violations before they happen. If a patient’s protected health information (such […]
Those who work in healthcare have to know every aspect of their jobs, but must also handle the additional responsibility of protecting the privacy of patients. If an employee’s actions result in a HIPAA violation, it will not only affect that employee, but also potentially jeopardize the entire organization. Healthcare facilities can face severe penalties […]
The attorneys at Brown & Fortunato, P.C. are licensed by the Supreme Court of Texas. Some of the Attorneys are licensed in other states as noted in the attorney profiles. Except where noted, they are not certified by the Texas Board of Legal Specialization.
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