Brown McCarroll Attorneys at Law

David W. Hilgers

Chair of the Firm

Austin

512-703-5739

dhilgers@brownmccarroll.com

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Legal Experience

David W. Hilgers is Chair of the Firm's Board and is a member of the firm’s Health Care Law Section.  He has practiced law for more than thirty-five years.  His primary focus is on health care, corporate, and administrative law.  Mr. Hilgers represents health care providers, including physicians, dentists, health systems, managed care organizations, long-term care facilities, multi-specialty groups, hospitals, hospital districts, and community mental health and mental retardation centers.

Specific Matters of Representation:

• Representing health care providers, including physicians, dentists, health systems, managed care organizations, long-term care facilities, multi-specialty groups, hospitals, hospital districts, community mental health and mental retardation centers, and health maintenance organizations
• Integrating health care delivery systems, interpreting and applying the Stark and Anti-Kickback statutes, HIPAA and privacy regulations, advising clients on the consequences of the emerging state and federal regulation of fee-sharing, self-referral, antitrust risks, and licensing of health maintenance organizations, home health care companies, non-profit health organizations, physicians, and other health professionals
• Negotiating provider contracts, including global capitation contracts and the development of managed Medicaid roll-outs
• Organizing independent practice associations throughout the State of Texas which have included groups with as few as three to over 250 physicians. Complex mergers, reorganizations, acquisitions, and the sale of physician practices are often involved
• Forming types of managed care fully integrated medical groups, physician practice management companies, and management services organizations
• Organizing and structuring ancillary service ventures including imaging centers, ambulatory surgery centers, and specialty hospitals

Education

• Doctor of Jurisprudence, with honors, The University of Texas School of Law, 1973
  • Order of the Coif
• Bachelor of Arts, with honors, Swarthmore College, 1969

Professional Licenses

• Attorney at Law, Texas, 1973

Prior Professional Experience

• Hilgers & Watkins, P.C., Associate, Director, and President, 1974-2003
  • Managing Director, 1979-1994
• Chief Justice Joe Greenhill of the Supreme Court of Texas, Briefing Attorney, 1973-1974

Practice Area

• Health Care

Speeches and Publications

• Physicians Post-PPACA: Not Going Bust At The Healthcare Buffet (Part 1 of 2), Physicians News Digest, March 15, 2012, Article
• PPACA and Physicians: For Better or Worse; Health Law Section, American Bar Association, Healthcare Reform Series, May 2010, Speech
• Integration: Perhaps Not What the Doctor Ordered!, 22^nd Annual Health Law Conference, The University of Texas School of Law, April 2010, Speech
• The Physician in the Brave New World: Challenges and Opportunities, 27th Annual National CLE Conference, January 2010, Speech
• Health Care Fraud and Abuse:  Practical Perspectives, 2^nd Edition, 2009 Cumulative Supplement, ABA Health Section; Co-author:  ”Legal Issues Surround Hospital and Physician Relationships”
• Physician—Whither Thou Goest: The Inexorable Policy Mandate, Physician-Legal Issues Conference, Health Law Section, American Bar Association, June 2009, Speech
• Physician as Employee, 26th Annual National CLE Conference, January 2009, Speech
• Foundations of Health Law:  HIPAA, Anti-Kickback, Stark, False Claims Tax, and Related Laws, The 18th Annual National Institute on Health Care Fraud, May 2008, Speech
• Physician Fundamentals, American Bar Association Physician Representation Teleconference, April 2008
• Bringing Physicians to the Table:  Legal and Regulatory Challenges of Physicians, DocTalk:  Politics & Policy of Medicine, March 2008, Article
• 2007 Healthcare Industry Update, Brown McCarroll Healthcare Highlights Seminar, Austin, El Paso, and Houston, September 2007, Speech
• Concierge Care:  An Overview of the Legal, Ethical and Social Issues, Brown McCarroll Health Law E-lert, May 2006, Article
• Risk & Reward, A “How-To” Guide to Choosing an MSO,  Texas Medical Association (Co-Author)
• Medical Group Management Association publications, Articles
• Hospital/Physician Relationships:  Adversaries by Nature; Partners by Necessity, American Health Lawyers Association Monograph, 2004
• Mr. Hilgers is a frequent speaker on health care for the American Health Lawyers Association, The University of Texas CLE, the American Bar Association, the Medical Group Management Association, and other organizations on issues of managed care, Medicaid, capitation contracts, and the formation of medical organizations.
• He was the 1995 Philip R. Overton Annual Lecturer in Medicine and the Law for the Texas Medical Association.

Professional Memberships and Activities

• American Bar Association
  • Section Officers Council:  Chair, Standing Committee on Continuing Legal Education, 2009-2011
  • Health Law Section:  Chair, 2009-2010; Chair-Elect, 2008-2009; Vice-Chair, 2007-2008
  • Health Law Section:  Vice Chair, Finance; Vice Chair, Sponsorship; Vice Chair, Coordinating Committee on Diversity; Vice Chair, ’10 Emerging Issues, 2009-2010
  • Health Law Section Council, 2002-2007
  • Health Law Section Council:  Budget Officer, 2005-2006; Program Chair, 2002-2005
  • Section Officers Council:  Vice-Chair Committee, Chair, 2007-Present
  • Section Officers Council:  Executive Committee, 2007-Present;        
    Liaison to CLE Committee, 2006-Present
• American Health Lawyers Association
• State Bar of Texas
• Texas Bar Foundation
• Austin Bar Association
• Texas Board of Legal Specialization, Health Law Exam Committee, 2002-2007

Honors

• AV® Preeminent ™ Peer Review Rated
  • AV® Preeminent ™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.
• Recognized as one of five in Health Law, “The Go-To Guide,” Texas Lawyer, 2007
• Best of Business Attorney, Health Care Law, The Austin Business Journal, 2005
• “Leading Lawyers in America,” Health Care Law, named by LawDragon 500, 2007
• “Leaders in Their Field,” Healthcare Law, Chambers USA, 2005 - 2011 Guides
• Nightingale’s Healthcare News’ Outstanding Physician Practice Lawyer of the Year, 2004
• Super Lawyer, Health Care Law, named by Law and Politics Media, Inc. and published in Texas Monthly, 2003-2011
  • "The Top 50", Central & West Texas Region, 2007, 2010, 2011
• Austin Business Journal, Best of the Bar, 2003
• Recognized in The Best Lawyers in America, 1999-2011
• National Registry of Who’s Who, Life Member

Community Involvement

• Texas Rio Grande Legal Aid
  • Board of Directors, 2002-present
  • President, 2008-present
  • Treasurer, 2003-2007
• The James Dick Foundation
  • Board of Directors, 1996-present
  • Executive Committee, 1996-present
• Planned Parenthood Federation of America, Inc.
  • Western Region Council, 2006-present
• Planned Parenthood of the Texas Capital Region
  • Board of Directors, 1998-2006
  • President, 2004
• Travis County Legal Aid, 1990-2002
• Recording for the Blind & Dyslexic, Inc.
  • Board of Directors, Austin Unit, 1983-present
  • National Board of Directors, 1986-1988
  • Chairman of Board of Directors, Austin Unit, 1985-1987
• St. Stephens School
  • President, Parents Association, 1994-1996
  • Board of Directors, 1995-1996
• The Pebble Project
  • Board of Directors, 1985-1991
  • President, 1989-1990
  • Childrens Alliance Bike-a-Thon, 1988-1990
• Swarthmore College
  • Alumni Council, 1987-1989
• Austin Community Nursery Schools
  • Board of Directors, 1979-1985
  • President, Board of Directors, 1982-1983