The Weekly Dose           Bexar County Medical Society

Week of Aug. 4, 2013 

Vol. 2, No. 47

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.





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.




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






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



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




Circle of Friends web logo 



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.





 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

All rights reserved. Unauthorized use prohibited.

Copyright 2013
 Bexar County Medical Society, San Antonio, Texas.




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