This session will provide a broad overview of physician-related issues and how a board might collaborate with their legal counsel or with the medical staff. We will discuss the non-profit health organization structure, Texas’ restrictions on the corporate practice of medicine, restrictive covenants and non-compete clauses in physician employment contracts, and disciplinary actions against physicians. Our session is aimed at board members who desire a working knowledge of these issues when these discussions reach the board level.
Registration Pricing
Member: $75
Non-Member: $125
Registration includes unlimited connections per registered facility.
Who should watch:
Hospital and health system board members, trustees, executive leaders, and governance professionals who want a working knowledge of physician-related legal issues, employment structures, and oversight responsibilities to support informed decision-making and collaboration with legal counsel and medical staff.
Learning Objectives:
- Explain the legal doctrine of the Corporate Practice of Medicine (CPOM) and its implications for hospital governance in Texas.
- Describe the structure and role of Non-Profit Health Organizations (NPHOs) in physician employment and oversight.
- Identify key legal considerations in physician contracts, including restrictive covenants, non-compete clauses, and recent regulatory developments.
- Understand the board’s role and limitations in physician oversight, credentialing, and disciplinary actions, including reporting requirements to the Texas Medical Board and the National Practitioner Data Bank.
- Recognize how legal cases and legislation (e.g., Quantum v. Hospital Internists of Austin, HB 1998) shape board responsibilities and potential liabilities in physician-related matters.
Continuing Education:
American College of Healthcare Executives
By attending the From Hiring to Oversight: Navigating Physician Challenges Webinar, offered by Texas Healthcare Trustees, participants may earn up to 1.0 ACHE Qualified Education Hours toward initial certification or recertification of the Fellow of the American College of Healthcare Executives (FACHE) designation.
Certified Healthcare Trustees and Leaders Education
The Texas Healthcare Trustees designates this continuing certified healthcare trustee and leader education activity for up to 1.0 contact hours. For more information about the CHTL program, please contact THT at 512-465-1015.
Speakers
Cesar Lopez, J.D., Attorney and Counsel, Cesar J. Lopez, Healthcare Law, Austin
Cesar J. Lopez is a healthcare attorney with over fifteen years’ experience helping clients navigate state and federal legal, policy and regulatory issues. The former VP of Legal for the Texas Hospital Association and its 500 members, Cesar has helped resolve countless issues for healthcare providers ranging from large, multi-campus hospital systems to individual providers seeking advice or starting their own practice.
A native Texan, Cesar obtained his JD from Albany Law School and began his career as a litigator for a South Texas law firm before obtaining a master’s in health law from the University of Washington. Cesar is an educator and problem solver who enjoys working with clients to find solutions and avoid issues before they arise.
Adam Pena, J.D., Associate Attorney, Nichols Weitzner Thomas LLP, Houston
Adam Pena is an Associate Attorney at Nichols Brar Weitzner & Thomas, a boutique health law firm specializing in healthcare regulatory compliance and corporate matters. His work primarily focuses on navigating complex healthcare regulations and supporting clients in corporate legal issues within the healthcare sector.
Before joining the firm, Adam held several academic and clinical roles, including Associate Professor in the Center for Medical Ethics and Health Policy at Baylor College of Medicine, and Project Manager and Clinical Ethicist at Houston Methodist Hospital System. His educational background is extensive, holding a Master of Laws in Health Law and a Juris Doctorate from the University of Houston Law Center, as well as a Master of Arts in Theology and a Master of Arts in Bioethics from Case Western Reserve University Medical School.