Donna Clark advises healthcare providers on issues concerning US federal laws governing the relationships between physicians and other healthcare providers, and the entities to which they refer patients. Donna has practiced healthcare law exclusively for nearly 35 years and is intimately familiar with the potential issues healthcare providers may encounter, as well as the solutions available to them.
Donna also advises on structuring joint ventures and contractual relationships in compliance with laws governing referral relationships, including the federal and state Anti-Kickback Statute and Stark Law, and assists in investigations when problems arise. In 2021, Chambers USA noted Donna as “the go-to for Stark and Anti-kickback matters” and that clients “think very highly of her.”
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.
University of Houston Law Center, 1983, J.D., with honors
Texas Womans University, 1980, M.S., Maternal Child Health Nursing
University of Florida, 1974, B.S., with high honors
Awards and Affiliations
Named, Modern Healthcare’s “Largest Healthcare Firm” (2016–2021)
Band 1, Healthcare, Texas, Chambers USA (2020, 2021)
Ranked, Healthcare, Texas, Chambers USA (2011–2020)
Recognized, Health Care Law, Houston, The Best Lawyers in America (2006–2022)
Lawyer of the Year, Health Care Law, The Best Lawyers in America (2013, 2016, 2018)
AV Preeminent rated by Martindale-Hubbell
Recognized, Texas Super Lawyers (2007–2020)
Recognized, Top 100 Houston, Super Lawyers (2010, 2012)
Recognized, Top 50 Women in Texas, Super Lawyers (2009–2012)
Recognized, 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