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Get Legislative Update: Texas Corporate Practice Of Medicine Doctrine
Need to tackle physician shortages in many states rural areas. Some state legislators in California and Texas introduced legislation this year that would have allowed hospitals to directly hire doctors against long-standing state laws aimed at preventing corporate interference with the practice of medicine. California and Texas are among only a handful of states that have vibrant Corporate Practice of Medicine (CPOM) statutory schemes in place. Such a statutory scheme generally holds that onl.
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Parklands FAQ
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The Texas Medical Practice Act, or Texas Occupations Code, Title 3 Health Professions, is where the state statutes are written that govern the practice of medicine and define the limits and responsibilities of medical practice in Texas.
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In Texas, non-MDs generally cannot own or operate a medical practice due to strict regulations embodied in the Corporate Practice of Medicine Doctrine (CPOM).
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Some states--California, Texas, Ohio, Colorado, Iowa, Illinois, New York and New Jersey--preclude hospitals from employing physicians to provide out-patient services. These states legislate what is known as the corporate practice of medicine doctrine.
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In addition to federal laws such as the Anti-Kickback Statute (AKS) and False Claims Act (FCA), there are also a number of health care laws enforced by the state of Texas – including the Corporation Practice of Medicine (CPOM) doctrine.
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Texas Administrative Code. (a) Corporate Practice of Medicine Doctrine. The corporate practice of medicine doctrine is a legal doctrine, which generally prohibits corporations, entities or non-physicians from practicing medicine.
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In addition to federal laws such as the Anti-Kickback Statute (AKS) and False Claims Act (FCA), there are also a number of health care laws enforced by the state of Texas – including the Corporation Practice of Medicine (CPOM) doctrine.
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CPOM laws are regulations that prohibit standard corporations (or other non-physician entities) from practicing medicine or employing practicing physicians. The primary goal of these laws is to ensure that medical decisions are made solely based on patient care and not influenced by corporate interests.
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In Texas, PAs can become minority owners of a medical practice, whether an entity organized as a corporation, a professional partnership, a professional association, or a professional LLC, with the purpose of providing services that fall within the scope of practice of those practitioners.
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