Brandon S. Kulwicki

About Brandon

Brandon Kulwicki’s practice is dedicated primarily to operational, regulatory and transactional health law; health care risk management and administration; and litigation regarding all aspects of health care including medical malpractice. He works with and provides legal representation and advice to large hospital systems and physician practice groups throughout Texas and nationally with regard to various regulatory, compliance matters; fraud and abuse matters including Stark Law and the Anti-Kickback Statute; advising providers and facilities regarding peer review and credentialing matters; and HIPAA and other privacy issues.

Brandon has significant experience working with hospital systems concerning end-of-life decision-making processes and advising medical ethics committees; risk management work concerning mental and behavioral health decision-making processes including arranging appropriate patient placement and transfer, emergency court intervention, and EMTALA issues.  He works closely with medical staff and in-house counsel in obtaining Temporary Restraining Orders and injunctive relief concerning appropriate patient placement and treatment decisions to facilitate appropriate levels of medical care while ensuring the health care facilities resources are used for their highest and best purposes.

He works extensively with physician contracts including negotiating covenants not to compete, physician recruitment agreements, physician-hospital consulting arrangements and many others. Extensive contract work related to hospital supply chain, revenue cycle functions and hospital-based clinical research.  Brandon was responsible for a complete upgrade of privacy policies for a large West Texas hospital system including drafting and negotiating all business associate agreements for the facility. He has extensive experience practicing before the Texas Medical Board, Texas Board of Nursing, Texas State Board of Dental Examiners, Texas Board of Chiropractic Examiners including preparing responses, attending informal settlement conferences and handling matters before the State Office of Administrative Hearings; supervising selected areas of litigation including locating, selecting and retaining expert witnesses, drafting briefs, motions, pleadings and discovery requests and responses; and representing physicians and other health care providers before the court of appeals and at trial, hearings, depositions and mediation.