Health Law Board Certification by the TBLS

To become board certified in health law, the attorney must show substantial involvement and special competence in Texas health law. 

The attorney must show that a minimum of 35% of his or her time is spent practicing health law in Texas during each year of the 3 years immediately preceding application. 

The attorney must show specific tasks he or she has performed in Texas health law. When evaluating experience, TBLS may take into consideration the nature, complexity, and duration of the tasks handled by the attorney.

The attorney must have handled as lead counsel or in a primary capacity, several of the categories listed below in order to sufficiently demonstrate expertise in Texas health law within the 3 years immediately preceding application by performing the following tasks:

1. counseling clients and educating clients which may include trade associations;
2. advising or counseling clients with respect to the establishment or modification of procedures, practices, forms, programs, or transactions to comply with laws in those areas as they relate to health law; or
3. representing clients in preparation of claims handled through mediation, arbitration, or litigation.

Health care law topics include:

1. Health care antitrust;
2. Fraud and abuse/referral prohibitions;
3. Health care contract issues;
4. Managed care and managed care organizations;
5. Risk management/quality assurance/utilization review/patient safety;
6. Licensure and certification;
7. Patient rights; 
8. State licensing and federal COPs;
9. Medical staff/professional rights;
10. Physicians practice issues;
11. Reimbursement and coverage (state and federal);
12. Finance including tax/tax exemptions;
13. Administrative proceedings;
14. Hospital/institutional operations;
15. Mental health;
16. Drugs, devices, and IRBs;
17. Business organizations, mergers and acquisitions;
18. Labor and employment law;
19. Health information technology, privacy, confidentiality, and the HIPAA security and privacy;
20. Governmental entities/political subdivisions; and
21. Long term care.

To become board certified in health law, the attorney must have handled as lead counsel or in a primary capacity, several of the categories listed below in order to sufficiently demonstrate an expertise in Texas health law within the 3 years immediately preceding application by:

1. counseling clients and educating clients which may include trade associations;
2. advising or counseling clients with respect to the establishment or modification of procedures, practices, forms, programs, or transactions to comply
   with laws in those areas as they relate to health law; or
3. representing clients in preparation of claims handled through mediation, arbitration, or litigation.
   1. Health care antitrust;
   2. Fraud and abuse/referral prohibitions;
   3. Health care contract issues;
   4. Managed care and managed care organizations;
   5. Risk management/quality assurance/utilization review/patient safety;
   6. Licensure and certification;
   7. Patient rights;
   8. State licensing and federal COPs;
   9. Medical staff/professional rights;
   10. Physicians practice issues;
   11. Reimbursement and coverage (state and federal);
   12. Finance including tax/tax exemptions;
   13. Administrative proceedings;
   14. Hospital/institutional operations;
   15. Mental health;
   16. Drugs, devices, and IRBs;
   17. Business organizations, mergers and acquisitions;
   18. Labor and employment law;
   19. Health information technology, privacy, confidentiality, and the HIPAA security and privacy;
   20. Governmental entities/political subdivisions; and
   21. Long term care.

According to Section XVI of Part II of the TBLS standards for attorney certification, the term "health law" is defined as: 

• dealing with federal, state, and local law, rules and regulations, and other jurisprudence
• affecting the health care industry and health care patients
• deals with the operational, regulatory, and transactional legal issues arising from the application of these laws, rules, and regulations
• for:
  • patients
  • health care providers
  • health care vendors
  • entities which pay for health care services
• the relationships among providers, payors, vendors, and patients in the health care industry
• delivery of health care services.