Frances Cuevas Morgan
Norton Rose Fulbright US LLP
Frances Cuevas MorganvCard
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Frances Cuevas Morgan is a senior associate in the Austin office and assists clients with regulatory, compliance, and transactional matters. Significant federal and state oversight of healthcare facilities, practitioners, and arrangements among referring parties creates many hurdles for businesses operating in the healthcare space. Frances primarily helps large healthcare systems navigate Medicaid reimbursement structures, risk assessment and compliance preparation, and aids her clients in determining proactive remedial measures or handling responses negotiations with the OIG and DOJ in the ongoing investigation context. She has also provided guidance to governmental entities, public-private collaborations, and physician groups on various regulatory issues, including federal program compliance, reimbursement, and telemedicine. In particular, Frances has advised hospital systems on their participation in Medicaid supplemental payment programs, including 1115 Waiver programs. In an ever-changing healthcare landscape, Frances strives to analyze complex legal and regulatory issues and work with clients to develop practical solutions and implementation plans with clients' business needs and goals in mind.
JD, with honors, Dean's Achievement Award for Academic Excellence, University of Texas School of Law, 2011
BA, cum laude, Political Science, University of Arizona, 2007
During law school, Ms. Morgan worked with the Immigration Clinic, representing clients from Central America and Africa in immigration court matters. She also served as the Business Director for the student organization Assault and Flattery and coordinated the UT law mentorship program.
- Texas State Bar
- Provided transaction support for the sale of privately held hospice and palliative care provider, including private equity ownership, to a national group for approximately $120 million.
- Performed compliance diligence and analysis following a major hospital system's acquisition of a national, independent physician group practice, including integration risk management.
- Analyzed proposed contractual arrangements for licensing, transfer of ownership, and sale of intellectual property rights for a sophisticated research and development laboratory.
- Advised a national healthcare system on its implementation of telehealth for psychiatric patients and prepared presentation on the evolving use of telemedicine in the provision of healthcare nationwide and the impact of ongoing litigation;
- Conducted compliance review of public and private hospitals' physician arrangements to ensure accurate Sunshine Act reporting, permissible arrangements with referring physicians under the Stark Law and the Anti-Kickback Statute, and adequate corporate governance controls.
- Assisted Academic Medical Centers in Texas, New York, and Oklahoma through various changes in the Medicaid reimbursement framework and to ensure teaching faculty and research agreements were compliant with federal and state requirements.
- Structured hospital-physician relationships to comply with Stark, AKS, the False Claims Act, state-specific prohibitions on the Corporate Practice of Medicine, and renegotiated non-competition, fee-splitting, white coat marketing, and space lease issues to bring hospitals and physicians into compliance.
- Performed a wide range of legal support while acting as de-facto general counsel to a Louisiana non-profit organization, including:
- Drafted contracts with vendors, employed physicians, PRN contractors, medical directors, call coverage agreements;
- Negotiated with commercial insurance companies for physician participation in both Managed Care and commercial insurance products;
- Coordinated benefits, billing and collections, wage issues, medical staff regulations and standards imposed by The Joint Commission;
- Applied for 501(c)(3) tax-exempt status and analyzed ongoing exemption issues in conjunction with tax counsel;
- Formed non-profit entities in various states, prepared corporate bylaws, resolutions of the board, consents, and conflicts of interest policies to ensure corporate compliance and advised on processes for continued compliance;
- Prepared reporting documents on behalf of private hospital systems, non-profit organizations, and physician groups to local hospital districts and counties regarding community impact of their public-private partnerships; and
- Drafted regulatory, statutory, and legislative updates for hospital systems regarding developments in the health law industry.
- Participated in the development and implementation of the Texas 1115 Waiver and provided continuing advice regarding the structure and purpose of Medicaid Supplemental Payment Programs to major hospital systems, including:
- Impact of provider taxes as a Waiver funding source;
- Implications of changes to the Texas Medicaid SDA rate methodology;
- Development, revision, and reporting of several providers' innovative projects developed in furtherance of the Waiver across the State; and
- Assisted a regional Anchor in the development of its Regional Healthcare Partnership Plan, and its ongoing reporting and administrative role.
- Texas Rising Stars, Thomson Reuters, 2018 - 2019
- Texas Young Lawyers Association
- American Bar Association Healthcare Group
- Dallas Association of Young Lawyers
- Junior League of Austin, Member
- Austin Children's Shelter, Volunteer
- Capital Area Food Bank, Volunteer