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The Weekly Dose
Bexar County Medical Society
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Appellate decision may affect your employment agreement
By
John K. Wisniewski
BCMS
CEO/Executive Director
In Texas, physician noncompetition
agreements must contain buyout provisions to be enforceable.
Historically, many have read the statute to require that the
buyout clause either provide for a specific payment amount or
arbitration. The working theory has been that, if the
contract states a specific buyout
amount, the courts will enforce it; however, the Court of Appeals in
Beaumont recently interpreted the statute differently.
In Sadler Clinic Association, PA,
v. Hart, the court held that, even if the agreement provides a
specific buyout amount and does not provide for arbitration, courts
may
order the parties to arbitrate the
amount if the physician claims it is not "reasonable" at
the time he or she departs. In so holding, the court "presume(d)
that
the parties contracted with
knowledge of the statute's arbitration provision."
To learn more, click here.
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SAVE THE
DATE
Affordable Care Act:
Where are we now?
Presented by
San Antonio Metropolitan
Health District
6 p.m.-9 p.m.
Thursday, Aug. 8
Trinity University
Stieren Theater
For information,
call 207-2156
or send an email.
To register online,
click here.
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TRENDING TOPICS
SA Metro Health Announces
Drop in Obesity Rates
BCMS physicians
attend press conference,
participate in RoTenGo demo
By Mary E. Nava, MBA
BCMS Chief Governmental and
Community Relations Officer
Mayor Julian Castro and San
Antonio Metro Health Director Thomas Schlenker, MD, led an exciting
press conference July 31 at Collin Garden Park to announce new data
from the Behavioral Risk Factor Surveillance Surveys showing that
the obesity rate in San Antonio and Bexar County fell dramatically
between 2010 and 2012, from 35.1 percent to 28.5 percent.
What is significant is that this
translates into 70,000 adults moving from the obese category to the
healthier weight category as referenced in the Body Mass Index
(BMI) weight categories.
To read the full news release
from the City of San Antonio, click here.
To read Metro Health's brochure
on the Chronic Disease Prevention Program targeting obesity in
Bexar County, click here.
Mayor Castro recognized the
physicians in the audience, thanking them for leading the effort to
educate patients on these health issues. Physicians in
attendance representing the BCMS Executive Committee and Public
Health and Patient Advocacy Committee, included: BCMS
President-elect Ashok Kumar, MD; Suresh Dutta, MD; Vincent Fonseca,
MD; Robert Luedecke, MD; and Robert P. Trevino Jr., MD. Drs.
Fonseca, Kumar and Dutta took to a couple of rounds of RoTenGo to
demonstrate physician commitment to the community of the importance
of getting out and exercising in order to maintain a healthy
lifestyle.
Also last week, Dr. Vince Fonseca
was interviewed by KSAT-TV 12 and 550 AM KTSA Radio on the BCMS
cardiometabolic initiative. Click here to
watch the Channel 12 interview.
For local discussion on this and other public health
topics, or to learn more about the BCMS public health initiative,
which targets the prevention and control of cardiometabolic
diseases, consider joining the BCMS Public Health and Patient
Advocacy Committee by contacting Mary Nava at mary.nava@bcms.org.
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IN THE SPOTLIGHT
DON'T
BE LEFT BEHIND: The Texas Prompt Pay Act
By Paul L. Sadler
You had better believe your
competition is already engaged in "it."
"It" is the "pursuing
of rights" under the Texas Prompt Pay Act.
Currently, all across Texas,
hospitals, physicians groups and pharmacies are joining the fight to
hold health insurance companies more accountable for late payments,
delayed payments, and unreasonable denial of undisputed claims.
The laws under Texas Prompt Pay can
now help medical practices and hospitals stop the delay and deny
practices of health insurance companies. Recent court rulings have made
it clear that health insurance companies can be forced to pay fines and
penalties if properly submitted claims were not paid
timely.
Specifically, submitted claims that were filed
electronically that were not paid within 30 days for hospitals and
doctors and within 18 days for pharmacies, over the last four years,
may qualify under this law. If insurance claims were paid late to your
practice over the last four years, a penalty may now be owed on each
and every late paid claim.
The determination of the dollar
amount due is a minimally invasive process utilizing a person in your
billing department. The damages sought under the Prompt Pay Laws cannot
be collected through a collection department or a billing service
company. To determine your organization's specific damages, a Data
Analysis Specialist will be retained to produce a damage model for your
practice. There are at least two companies providing this service
through the attorney you select.
If it is not happening in your
office, chances are your competitor is already pursuing their claims.
Don't be left be left behind. Learn more about Texas Prompt Pay today.
Paul L. Sadler is a board-certified
lawyer in appellate and injury law, licensed in Texas and Louisiana,
with CarabinShaw Law Firm, San Antonio.
For a confidential
consultation, call Paul Sadler at 210-222-2288
or email psadler@carabinshaw.com.
This information is
sent on behalf of a valued BCMS Circle of Friends sponsor at the
PLATINUM level, but it is not an endorsement. Donations from Circle of
Friends sponsors help keep down the cost of dues and allow BCMS to
continue to provide quality service to its members. The society
continues its pledge to you and only will involve itself in services
and programs that benefit you, the member, and your patients.
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About The Weekly Dose
The Weekly Dose is a service of the Bexar
County Medical Society.
Some of the suggestions conveyed may not be applicable to
your practice today,
but the goal is to offer information over time that returns value
in excess
of the cost of your membership.
If you would like to recommend future topics to share with
your colleagues,
please submit them to the BCMS executive director at john.wisniewski@bcms.org.
All rights reserved. Unauthorized use prohibited.
Copyright © 2013
Bexar County Medical Society, San Antonio, Texas.
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