Michael L. Silhol

Michael L. Silhol

Attorney Profile

Top Rated Health Care Attorney in Dallas, TX

Silhol Law
 | 7557 Rambler Rd., Suite 1425, Dallas, TX 75231
Phone: 2147500238
Selected to Super Lawyers: 2014 - 2017
Licensed Since: 1999
Practice Areas:
  • Health Care (80%),
  • Business/Corporate (20%)
Languages Spoken:
  • English,
  • French,
  • Spanish
Attorney Profile

With over 25 years of experience, Michael Silhol has been guiding healthcare providers through an increasingly complex regulatory environment, allowing them to achieve their financial, operational and strategic goals.  Michael is Board Certified in Health Law by the Texas Board of Legal Specialization.  He was General Counsel at Radiologix, Inc., a publicly-traded national provider of diagnostic imaging services, and Parkland Health and Hospital System, one of the nation’s largest and most well-known public hospitals.   Michael also was the Vice President of Legal Operations for Triad Hospitals, Inc. and Operations Counsel for HCA, Inc.  

In 2013, Michael opened SilholLaw to provide legal advice and counseling to healthcare providers in transactional, operations, regulatory and compliance matters. He represents hospitals, imaging centers, physician groups, ambulatory surgical centers and hospitalist providers, among others.  Michael represents health care providers in transactions, operations and compliance-related matters. 

Michael is a 1985 cum laude graduate of the University of Wisconsin Law School, where he was a managing editor of the Wisconsin Law Review and elected to the Order of the Coif.  He is also a 1983 magna cum laude graduate of Vanderbilt University where was a member of Phi Beta Kappa. 

White Papers

  • Texas Changes Rules Regarding Delegation of Prescriptive Authority by Physicians (2013) - Texas has recently had a significant revision regarding the ability of physicians to delegate prescribing devices, drugs, and other controlled substances to advanced practice registered nurses (APRNs) and physician assistants (PAs). SB 406 substantially revises Chapter 157 of the Texas Occupations Code, which governs the authority of a physician to delegate certain medical acts, and expands the ability of APRNs and PAs to prescribe or order Schedule II controlled substances in certain practice settings. SB 406 also eliminates the old concept of “alternate” and “primary” practice site requirements and authorizes the use of a “Prescriptive Authority Agreement” (PAA) in order to delegate prescription writing authority to APRNs and PAs. The new statute increases to seven (from four) the number of APRNs and PAs to whom a physician can delegate prescribing authority, and provides an exception to that limit when the PAA is exercised in a facility-based practice or elsewhere. However, the new rules also have increased the continuing education requirements of APRNs who receive this delegation of authority and provide for substantial documentation requirements, as well as enforcement actions by the BON, the TMB, and the Texas Physician Assistant Board.   

  • 2013 Health Legislative Issues in Texas (2013) - The 83rd Texas Legislature that convened in 2013 went through three special sessions and passed over 1,400 bills. A large number of these bills are health-related and deal with Medicaid funding. Even though Texas has declined to participate in Medicaid expansion under the Affordable Care Act, the state is still working on its Section 1115 Medicaid waiver, disproportionate share funding and expansion of medical residency programs

  • Regulatory Issues in Telemedicine (2013) - As healthcare providers seek to lower costs and provide services in underserved areas, many are looking to technology and the growing use of telemedicine. Telemedicine is the remote delivery of healthcare services over a telecommunications infrastructure. With the advance of technology and the introduction of services such as Skype, Tango and FaceTime, it is relatively easy to establish a simultaneous video and voice connection with an individual in a remote location. However, recent disciplinary action taken against an Oklahoma physician who engaged in telemedicine demonstrates that providers should proceed with knowledge and caution in this area.

  • Physician Off-Label Marketing (2012) - As physician reimbursement decreases, physicians are increasingly looking to other means to replace lost income and control more of the healthcare dollar. From television infomercials to highway billboards, physicians are entering the world of marketing to build and sustain a medical practice.Part of the marketing by physicians involves describing the nature and benefits of off-label use of medical devices and drugs. But physicians need to be wary of the many restrictions surrounding off-label marketing. While these restrictions generally apply to manufacturers, it is important for physicians to understand the extent of these restrictions and how they may apply to them. The extent to which the prohibition against off-label marketing applies to physicians is ambiguous. This article explores the ways in which physicians may engage in off-label marketing of drugs and devices, while noting the restrictions that may apply to such practices.

  • Fate of Health Reform is Uncertain After Supreme Court Oral Arguments (2012) - After three days of historic oral arguments before the U.S. Supreme Court, the fate of the Affordable Care Act (ACA), the momentous 2010 health reform law, is uncertain, given robust questioning of the ability of Congress to force individuals to purchase health insurance.

  • HIPAA Privacy and Security Audits Begin: Enforcement Measures May Follow (2012) - The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services has begun the pilot phase of HIPAA privacy and security audits of health care providers, health insurers and health care clearinghouses (“covered entities”) to assess HIPAA compliance efforts.

  • Texas Health Care Providers and Insurers Face New Mandates and Increased Penalties Regarding Electronic Health Records (2011) - Texas health care providers and insurers face new mandates and increased penalties over the use of electronic health records (EHR) as a result of HB300, which was passed in the 2011 Texas legislative session and signed into law by Governor Perry.The Texas legislation expands privacy rights of patients beyond that contained in federal HIPAA legislation and regulation. The new law, which is not effective until September 1, 2012, is designed to better ensure the security and privacy of protected health information (PHI) that is exchanged via electronic means. However, the law will also increase mandates on covered entities (health care providers and health insurers), grant new enforcement authority to a variety of state agencies, establish standards for the use of EHR, and increase penalties for the wrongful electronic disclosure of PHI, including creating a new felony for the wrongful accessing or reading of EHR via electronic means. With the recently increased federal enforcement activity regarding patient privacy, covered entities in Texas can expect similar enforcement action from state agencies as well

  • About Michael Silhol

    Admitted: 1999, Texas

    Professional Webpage: www.lawsilhol.com

    Honors and Awards:

    • Awarded 2009 Best Corporate Counsel by the Dallas Business Journal for work done on behalf of the successful 2008 bond election for the Dallas County Hospital District's issuance of $742 million in general obligation bonds to build a replacement facility for Parkland Memorial Hospital, Best Corporate Counsel, Dallas Business Journal, 2009

    Special Licenses/Certifications:

    • Board certified in health law by the Texas Board of Legal Specialization

    Bar/Professional Activity:

    • Member of the Board of Directors of the American Health Lawyers Association, 2007

    Pro bono/Community Service:

    • Member of the Board of Directors of AFS-USA, Inc, the world's oldest and largest intercultural exchange program.

    Scholarly Lectures and Writings:

    • On March 23, 2010, President Obama signed into law the most sweeping health care legislation since Medicare was enacted in 1965.The Patient Protection and Affordable Care Act1 (the “Act”) seeks to transform the American healthcare delivery system through a variety of cutting-edge initiatives and by amending a series of existing laws. The law has been described as allowing the “biggest transformation of government since World War II”2 in its effort to provide increased healthcare coverage to millions of Americans while also seeking to control the spiraling cost of healthcare.The law will impact hospitals and health systems in numerous ways as it seeks to achieve the two goals of increased coverage and controlling costs. Hospitals will face increased demands for primary and preventive care from an increasing number of patients. At the same time, hospitals will see reimbursement changes, increased reporting requirements relating to quality outcomes and experimentation with new payment models. The result of these changes, assuming the Act is implemented,3 will be an increased drive toward integration of hospitals and healthcare systems as they, along with physicians and other providers, react to this massive transformation of the U.S. healthcare delivery system., Author and speaker, Driving Provider Integration: Implications for Hospitals and Health Systems of the Patient Protection and Affordable Care Act, American Health Lawyers Association, Health Care, 2010

    Educational Background:

    • B.A., Vanderbilt University, magna cum laude, Phi Beta Kappa, 1983

    Industry Groups

  • Health Care
  • Office Location for Michael L. Silhol

    7557 Rambler Rd., Suite 1425
    Dallas, TX 75231

     

    Michael L. Silhol:

    Last Updated: 5/22/2017

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