Related services and key industries
Biography
Donna Clark has over 35 years of experience advising healthcare providers on a variety of regulatory, corporate, compliance and contracting issues, with a concentration relating to the federal and state laws governing the relationships between physicians and other healthcare providers, and the entities to which they refer patients, including the federal Anti-kickback Statute and the Stark Law.
Donna advises a wide spectrum of healthcare providers, including physicians, hospitals and hospital systems, laboratories, medical device manufacturers, and pharmaceutical companies, with respect to structuring contractual and ownership relationships in compliance with laws governing referral relationships, and assists in investigations and enforcement actions when problems arise. Donna also assists healthcare providers in conducting compliance reviews of contractual and ownership relationships and in submitting self-disclosures to the federal government when such relationships are out of compliance.
In 2021, Chambers USA noted Donna as "the go-to for Stark and Anti-kickback matters" and that clients "think very highly of her."
Professional experience
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- MS, maternal child health nursing, Texas Womans University, 1980
- BS, with high honors, University of Florida, 1974
- Texas State Bar
- Worked with a large academic medical center and outside consultant developing a new compensation plan for employed faculty physicians to ensure that the new compensation plan complied with Stark Law requirements for compensating employed physicians. Documented the revised plan in Physician Employment Agreement templates, which varied by specialist. Worked with in-house counsel to address physician issues with the revised plan.
- Obtained an advisory opinion from the Office of Inspector General for a state medical school approving the donation of a medical office building by a for-profit hospital to the medical school for use as a family practice residency clinic.
- Assisted large dermatology group in establishing practice guidelines in conformance with state medical practice prohibitions during coronavirus (COVID-19) pandemic.
- Conducted a multistate review for a national corporation establishing physician joint venture healthcare entities. Review included identification of state-specific fraud and abuse and licensure laws. Provided advice concerning the structuring of joint venture entities in compliance with state and federal laws related to fraud and abuse, including Stark Law and the Anti-Kickback Statute.
- Assisted several large hospital physician groups in addressing physician compensation strategies in compliance with Stark and Anti-Kickback Law COVID -19 waivers.
- Conducted compliance reviews relating to physician relationships at several academic medical centers and large hospital systems. Provided guidance in identification of financial relationships to review, and reviewed them for compliance with Stark Law and the Anti-Kickback Statute. Advised the client on revision of noncompliant relationships and provided self-disclosure guidelines. Advised the client on structuring new contractual relationships in compliance with the referral laws.
- Assisted a hospital system with the sale of dialysis facilities to a national dialysis company.
- Recognized for Healthcare, Texas, Chambers USA, 2011-2024
- Legal 500 US, Recommended Lawyer, Healthcare: Service providers, The Legal 500, 2023
- Legal 500 US, Recommended Lawyer, Education, The Legal 500, 2023
- The Best Lawyers in America, Houston: Lawyer of the Year, Health Care Law, Best Lawyers, 2013, 2016, 2018 and 2025
- The Best Lawyers in America, Health Care Law, Best Lawyers, 2006–2025
- Recognized as AV Preeminent rated by Martindale-Hubbell
- Recognized by Texas Super Lawyers, 2007–2020
- Included in Top 100 in Houston, Super Lawyers, 2010 and 2012
- Included in Top 50 Women in Texas, Super Lawyers, 2009–2012
- Recognized as one of Houston's Top Lawyers in Health Law, H Texas Magazine, 2010
- Member, American Health Lawyers Association
- Member, American Bar Association: Health Law Section
- Past Chair, State Bar of Texas Health Law Section
- Adjunct professor in healthcare fraud and abuse, University of Houston Law Center