Penny Hobbs chairs our Health Law Practice Group and represents a broad range of healthcare industry clients. She also practices employment law and transactional law. She offers the unique perspective and practical experience she gained in a twenty-year career as a nurse combined with a master's degree in business. She is a certified mediator and trained arbitrator. Outside of the office, Penny chairs the Health Law Section of the State Capital Group. She is a frequent speaker at health law seminars. Penny has been listed in The Best Lawyers in America in the area of Healthcare Law. Representative Experience · Representing clients in complex healthcare transactions, such as mergers and acquisitions, asset purchases, development of integrated delivery systems, development of ambulatory surgery center, development of provider networks, and unwinding of relationships. · Representing healthcare clients in negotiating and drafting contracts such as management agreements, managed care provider contracts, employment agreements, and administrative services agreements for self-funded plans. · Advising clients on effect of state and federal regulation on transactions, such as effect of prohibition against the corporate practice of medicine, Starks I and II, Medicare fraud and abuse provisions, and Medicare and Medicaid reimbursement provisions. · Advising institutional clients on effect of state and federal laws and regulations, including the corporate practice of medicine, Starks I and II, Medicare fraud and abuse provisions, and Medicare and Medicaid reimbursement provisions and EMTALA, on relationships with providers, such as evaluating hospitals' relationships with physicians and recommending changes if any and drafting and negotiating emergency room coverage agreements. · Assisting physicians and medical groups to incorporate practices and to comply with state and federal laws and regulations governing the delivery of medical services, including the corporate practice of medicine, Starks I and II, Medicare fraud and abuse provisions, and Medicare and Medicaid reimbursement provisions and EMTALA. · Representing physicians and medical groups on a variety of matters, including drafting and reviewing employment agreements between physicians and medical groups, termination of such agreements, enforceability of noncompetition agreements, and reviewing and negotiating emergency room coverage agreements and medical director agreements. · Advising clients on effect of state and federal regulation on business operations and on development of procedures to implement laws, such as insurance laws governing provider credentialing, utilization review, quality assurance, and appeal and complaints, and ERISA claims and appeals rules, preemption and HIPAA privacy requirements. · Representing institutional and individual clients in investigations and contested and uncontested matters before various state agencies such as Texas Department of Insurance, Office of the Attorney General, Board of Medical Examiners, Board of Pharmacy, Board of Nurse Examiners, and Texas Department of Health, among others. · Representing healthcare clients in state and federal litigation and alternative dispute resolution proceedings, including responding to Civil Investigative Demands and resulting litigation, class action litigation, commercial and government claims payment disputes, breach of contract disputes, tort claims and injunctive relief from state agency rule-making. · Advising large national health maintenance organization and several physician practice management organizations on day-to-day issues. · Representing insurance companies and agents in regulatory filings with the Texas Department of Insurance for certificates of authority, change of control, mergers and acquisitions, holding company transactions, service area contractions and expansions, health insurance and health maintenance organization certificates and policies, annuities, health care provider contracts. Advocating on behalf of clients with the Texas Department of Insurance regarding the merit and legal authority for product filings. · Representing insurance companies, health maintenance organizations and agents in compliance matters before the Texas Department of Insurance. · Assisting health care companies regulated by the Texas Department of Insurance in developing and implementing policies and procedures to comply with regulatory requirements. · Monitoring insurance legislation and advising clients on effect and interpretation. Assisting clients in preparing testimony for public hearings before legislative committees and public hearings for Texas Department of Insurance rule making. · Regularly serves as a mediator and arbitrator for health care cases. · Defending against wrongful termination claims in state and federal court including all forms of exceptions to the at-will employment doctrine, such as claims of violation of federal and state antidiscrimination laws, retaliatory discharge claims and whistleblower claims. · Representing respondents in responding to state and federal agency charges of discrimination. · Representing respondents before other state agencies such as the Texas Workforce Commission, Texas Education Agency, and the Texas Workers' Compensation Commission. · Acting as independent investigator for sexual harassment claims. · Counseling employers on general personnel questions and employee benefit issues. · Preparing personnel manuals, employee handbooks, and employment contracts. · Representing employers in administrative appeals of adverse employment decisions. · Reviewing employment contracts for employees. · Defending employee depositions in third-party actions. · Training employers and employees on sexual harassment in the work place. Activities · American Health Lawyers Association · American Bar Association, Health Law Section · State Bar of Texas; Health Law Section, Employment Law Section · State Capital Group, Chair of the Board (2011-2012) · Texas Board of Legal Specialization; Member of the Health Law Exam Commission · Austin Bar Association; ADR Section (Treasurer 2007-08) · American Health Lawyer Association Dispute Resolver Panel · Brackenridge Ethics Committee, Member Presentations & Publications · Co-author and Speaker, Managing More "Managing" in Managed Care, 2011 Texas Health Law Conference, Austin, TX , October 2011 · Speaker, Legislative Healthcare Update, Texas Medical Auditors Association 2009 Conference, Healthcare and Billing Update: A Celebration of Auditing, San Antonio, Texas, September 18, 2009 · Author, New Form I-9 Required Beginning April 3, 2009 · Speaker, Developments Following 1999 IOM Medical Errors Reports, Austin Health Lawyers Association, October 2008 · Speaker, To Err is Human - Continuing to Err is Not: Industry Impact and Super Human Response, Texas Association of Health Plans 2008 Annual Texas Managed Care Conference and Trade Show, October 2008 · Speaker, Human Resource and Legal Issues Related to an Aging Workforce in a Rapidly Changing Environment, 2008 Human Resources/Benefits Conference, Texas Electric Cooperatives, Austin, Texas, May 2008 · Speaker, Changes in Federal and State Laws That Clear the Way for Improving Health Through Wellness Programs, Austin Health Lawyers, August 2007 · Speaker, Top Ten Things You Should Know About Employment Law, Texas Consumer Finance Association's Annual Convention, June 2007 · Speaker, ERISA and Shane Litigation Update, 2006 Annual Texas Managed Care Conference and Trade Show, Texas Association of Health Plans, October 2006 · Speaker, Failing to Properly Handle Medical Certifications and Failing to Place the Employee in an Alternative Position When Available, Avoiding The FMLA's Landmines: Top 10 FMLA Traps and How to Avoid Them in Texas, Lorman Education Services, June 2006 · Speaker, Advanced ERISA Issues, 2005 Annual Texas Managed Care Conference & Trade Show, Texas Association of Health Plans, September 2005 · Speaker, Health Law Update, 2004 Leadership Conference,Texas Nurses Association/Foundation, September 2004 · Author and Speaker, Leaves of Absence, Practical Applications of Employment Law, Sterling Education Services, Inc, May 2004 · Author and Speaker, Wage and Hour Basics-More Important Now Than Ever, Practical Applications of Employment Law, Sterling Education Services, Inc., May 2004 · Author and Speaker, Managed Care Liability Update: Cause, Effect, and Evolution, 15th Annual Health Law Conference, April 2003 Professional Background · The University of Houston Law Center, J.D. 1990 (magna cum laude, Order of the Barrons; Order of the Coif; Research Editor, Houston Law Review) · The University of Houston, M.B.A. 1990 (Dean's Honor List) · The University of Texas Health Science Center at Houston, B.S.N. 1986 (summa cum laude) · Ottawa Civic Hospital School of Nursing, G.S.N. 1973 · Admitted to Practice: Texas; United States Court of Appeals for the Fifth Circuit; United States District Courts for the Eastern, Northern, Southern, and Western Districts of Texas · Board Certified, Health Law, Texas Board of Legal Specialization (Board Certified, Health Law, Texas Board of Legal Specialization) |