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Our Attorneys » Diane T. Carter
Diane T. Carter
Partner
Legal Experience
Diane Carter has over 20 years of legal experience representing a variety of clients transacting business in the health care industry. Her clients include physician practices, hospitals, ambulatory surgery centers, rehabilitation facilities, managed care organizations, non-profit health care organizations, independent practice associations (IPAs), and management companies. Ms. Carter advises these clients on corporate, transactional, regulatory, and compliance matters. Ms. Carter is Board Certified in Health Care Law by the Texas Board of Legal Specialization and certified in Health Care Compliance by the Health Care Compliance Association.
Specific Matters of Representation
- Organizing and structuring joint ventures including hospitals, ambulatory surgery centers and imaging centers in numerous states including Texas, Arizona, Alaska, Florida, New Mexico and New York
- Interpreting and analyzing compliance with federal and state anti-fraud and abuse statutes and applicable regulations, and the Stark statute and regulations
- Advising clients regarding the formation, merger, and acquisition of medical groups and facilities
- Advising and assisting clients in obtaining licensure to operate in Texas as a health maintenance organization, third party administrator, and utilization review agent
- Reviewing and negotiating agreements between payors and providers
- Advising and assisting clients in obtaining Texas State Medical Board certification as non-profit health care organizations
- Representing hospital districts and the formation of health maintenance organizations for participation in Medicaid Managed Care and the Children’s Health Insurance Program
- Advising providers on the application of antitrust laws
- Creating management companies for managing medical practices and other health care providers
Education
- Doctor of Jurisprudence, The University of Texas School of Law
- Bachelor of Business Administration, The University of Texas at Austin
Professional Licenses
- Attorney at Law, Texas, 1991
- Texas Board of Legal Specialization, Health Care Law, Board Certified
- Certified in Healthcare Compliance (CHC), 2006
Prior Professional Experience
- Hilgers & Watkins, P.C., Associate and Director, 1991-2003
Speeches and Publications
- Avoiding Pitfalls in Medical Office Leasing Webinar, July 2011
- Accountable Care Organizations & ASC, TASCS State of the State Conference, January 2011, Speech
- How to Prepare Your ASC for an Acquisition, TASCS 2010 Annual Conference, November 2010, Speech
- ASC-Hospital Joint Ventures & HOPD Trends, TASCS 2010 Annual Conference, November 2010, Speech
- RACS, MICS, ZPIC and Other Four Letter Words, September 2010, Webinar
- Hot Topics in Risk, Compliance and Legal Issues Affecting Your Practice, CCMGMA Conference, May 2010, Speech
- Avoiding the "HEAT": Compliance Programs for Small Practices, HCCA Conference, Dallas, April 2010, Speech
- From RACs to Red Flags: New Legal Challenges for Medical Practices, TGMA 2009 Fall Meeting, September 2009, Speech
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Stark II, Phase
- Physician Joint Ventures: Here Today - Gone Tomorrow? American Bar Association, Health Law Section, 9th Physician-Legal Issues Conference, June 2008, Speech
- Health Law: 2007 Highlights, Texas Bar Journal, January 2008, Article
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- National Provider Identifier (NPI): What Is It?" SynerImages 3rd Annual Rehabilitation Business Strategies Seminar, January 2007, Speech
- Medicare Prescription Drug Coverage, Texas Bar Journal, February 2006, Article
- Emerging Principles in Pay-for-Performance, Brown McCarroll Health Law E-Alert, January 2006, Article
- Health Law: Year in Review, Texas Bar Journal, January 2006, January 2007, Article
- JCAHO Proposes Major Changes to Medical Staff Credentialing and Privileging Standards, Brown McCarroll Health Law E-Alert, December 2005, Article
- Proposed Rules under Workers’ Compensation Health Care Network Act Published in the Texas Register, Brown McCarroll Health Law E-Alert, September 2005, Article
- CMS Advisory Opinion Concludes that Stock Ownership of Charitable Organization is not Ownership or Investment Interest under Stark Law, Brown McCarroll Health Law E-Alert, September 2005, Article
- OIG Proposes Regulatory Standards Relating to Safe Harbor for Donations and Loans Provided to Section 330-Funded Health Centers, Brown McCarroll Health Law E-Alert, July 2005, Article
- MEDICARE ISSUES NEW RULES: New Prescription Drug Benefits and Improved Medicare Health Plans, Brown McCarroll Health Law E-Alert, January 2005, Article
- Administrative Law Judge Upholds FTC’s Complaint against Physicians for Price Fixing, Brown McCarroll Health Law E-Alert, November 2004, Article
Professional Memberships and Activities
- American Bar Association
- American Health Lawyers Association
- Health Care Compliance Association
- State Bar of Texas, Health Law Section
- State Bar College
- Travis County Women Lawyers Association
- Austin Bar Association
- Austin Health Lawyers Group
Honors
- “Leaders in Their Field,” Healthcare Law, Chambers USA Guide, 2011
Community Involvement
- Leadership Texas, Class of 2003