About Us
Biography
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, and has maintained this certification since 2002.
He has practiced exclusively in health law, primarily representing the provider community. This practice has spanned more than three decades focused on the interests of individual physicians and physician groups, hospitals, and other licensed facilities including 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.
Hospital Law Practice
For-profit, non-profit tax exempt and governmental facilities and related foundations, and affiliated physician groups
- Professional service agreements
- Medical equipment leases
- Medical office space leases
- Business & Commerce Code)
- Physician practice acquisition agreements
- Medical staff bylaws and rules and regulations
- Hospital-physician joint venture development and offerings
- Medical staff credentialing and peer review actions (including hearing officer role); Health Care Quality Improvement Act;
- Development of non-profit health corporations for physician employment and employment agreements including restrictive covenant issues (Texas Business & Commerce Code)
- 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
- Texas Occupations Code
- Physician Recruitment and Income Guarantee Assistance agreements
- Employment agreements for senior and junior group physicians
- 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)
- Professional Service and Medical Director agreements with facilities (hospitals, surgery centers, nursing homes, home health agencies and other licensed facilities)
Imaging Centers and Ambulatory Surgery Centers
- Review joint venture investment opportunities
- Prepare professional service agreements
- Development of startup ventures including entity formation, joint venture offerings, private placement memorandums
Compliance
- State and federal antitrust review (Statements of Antitrust Enforcement Policy in Health Care)
- Adherence to state corporate practice of medicine requirements
- 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)
- 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 licensure (Texas Health & Safety Code, Texas Administrative Code), Joint Commission accreditation and Medicare Conditions of Participation
Practice Areas
- Hospital Law
Professional Associations
- State Bar of Texas Health Law Section liaison on specialty certification in health law to the Texas Board of Legal Specialization since 2002.
- Board Certified in Health Law since inception 2002.
- Texas Board of Legal Specialization examination coordinator for health law specialty certification since 2008.
- Member of Dallas Bar Association Health Law Section and former and founding chair (1997), Member of State Bar of Texas
- University of North Texas Dallas College of Law adjunct faculty in health law 2015-2016.
- Health Law Section and former Section chair (2001) and member of the American Health Lawyers Association and American Bar Association.
- University of North Texas Health Science Center Institutional Review Board, Member, 2010 to 2019
Our Areas of Expertise
Hospital Law
We advise on professional service agreements, leases for medical offices and equipment, medical staff bylaws, credentialing, and joint venture development.
Physician Law Practice
We can help in preparing documents related to professional associations, ownership agreements, employment contracts, and non-competition covenants.
Patient Rights and Compliance
We make certain that HIPAA rules are followed, as well as EMTALA and state patient transfer laws. We also provide guidance on Stark and Anti-Kickback.
Telemedicine and Telehealth
We keep track of the latest state and federal rules to guide you through this growing field in healthcare service.
Committed to Your Success
Max Maxwell Law Practice, P.C. does more than offer legal advice. We devote ourselves to comprehending your specific targets and challenges, creating tailored remedies, and advocating for your best interests.
Leadership and Recognition
Our team is headed by Max Maxwell, a health law expert certified by the Texas Board of Legal Specialization. He has extensive experience and a deep understanding of the healthcare sector. Max participates actively in legal circles, performing the duty of liaison for specialty certification in health law and holding leadership positions with various health law organizations.
Contact Us Today
For a reliable legal companion who knows the healthcare industry well, get in touch with Max Maxwell Law Practice, P.C. We are located at 5339 Spring Valley Rd., Dallas, Texas 75254. Reach us by phone at (972) 226-9700 or by email at max@maxhealthlaw.com.
