Brenda Strama has been practicing healthcare law for more than 30 years, representing hospitals, academic medical centers, hospital districts, clinical research organizations, blood banks, organ procurement organizations, accrediting agencies and other healthcare entities regarding operations, transactions, risk management, and regulatory issues. Her major practice areas include medical staff issues, peer review hearings, health information confidentiality (HIPAA), physician-hospital relationships, healthcare contracts, clinical research, and EMTALA.
Representative Experience
General
Brenda has served as outside counsel to several health systems and other healthcare entities; represented blood banks and organ procurement organizations on multiple regulatory, risk management, and operational issues and served as an expert witness on issues related to corporate practice of medicine, piercing the corporate veil, and peer review.
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- Brenda represented a large National Cancer Institute clinical research organization regarding conflicts of interest and operational issues, as well as clinical trial contracts with pharmaceutical companies; also represented this clinical research organization in its merger with two other NCI clinical research organizations.
- Represented blood banks and hospitals in transfusion-associated HIV/AIDS cases and a variety of HIV/AIDS and hepatitis issues.
- Represented an organ procurement organization from original organization to designation as an OPO by Medicare and continued representation in regulatory, litigation, and business matters; Brenda also represents other organ procurements organizations and the Donate Life Registry.
- Since 1996, Brenda has served as legal counsel for the creation of an accreditation organization for cellular therapy and assisted in the development of cellular therapy standards and accrediting procedures. This representation has continued for more than 20 years.
- Expert witness for a hospital regarding piercing the corporate veil issues related to the actions of a Texas Certified Nonprofit Organization (referred to as a 501(a) organization) wherein the hospital was the sole member.
Peer Review and Credentialing
Effective peer review and credentialing is critical to the provision of quality healthcare. Disciplinary actions are part of the peer review process and can lead to complex litigation and significant damages if not handled properly. Brenda has represented many clients regarding physician hospital relationships, medical staff bylaws, peer review hearings, and physician termination litigation.
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- Brenda has conducted numerous peer review hearings in multiple states and represented the hearing committee and hearing officer in multiple peer review hearings;
- Provided litigation support to hospitals in lawsuits brought by physicians excluded from the medical staff, including Poliner v. Texas Health Systems, 537 F. 3d 368 (5th Cir. 2008, cert denied).
- Counseled numerous clients on the reporting requirements of the National Practitioner Data Bank.
- Acted as an expert witness on Health Care Quality Improvement Act and National Practitioner Data Bank requirements in cases brought by physicians against a hospital for termination of privileges.
- Drafted medical staff bylaws, credentialing policies and professional staff rules and regulations for numerous hospitals and physician practices.
- Drafted numerous briefs and policies on the Texas peer review privilege.
Health Information Privacy
Federal and State laws protect the confidentiality of health information through a complicated network of laws. Complying with these laws is critical to protecting both patients and healthcare providers. Brenda created a broad-based client consortium consisting of healthcare providers and employer-sponsored health plans, for the purpose of complying with the security and privacy standards of the Health Insurance Portability and Accountability Act of 1996. She managed an extranet devoted to HIPAA compliance documents and information.
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- Created a template policy manual for Privacy and Security for consortium members, accompanied by explanations and forms.
- Customized HIPAA policies and procedures for hospitals, physician practices, employee benefits plans, and other HIPAA covered entities.
- Defended clients in response to HIPAA investigations by the U.S. Department of Health and Humana Services.
Licensure, Survey and Certification
Brenda has successfully counseled numerous clients in defense of investigations, including representation of numerous healthcare providers defending clients from prospective termination from the Medicare or Medicaid programs based on alleged violations of EMTALA, the Medicare conditions of participation, state licensing requirements, and alleged HIPAA violations.
Hospital Districts
Brenda has acted as counsel to Texas hospital district clients regarding mergers or sale of the district’s hospital, Open Records and Open Meeting questions, management agreements, and intergovernmental transfers.
Professional Qualifications & Education
Honors and Affiliations
Brenda received the Outstanding Achievement Award from The Travis County Women Lawyers’ Association and Foundation in 2014.
Greater Austin Community Schools Coalition, Healthcare, 2016 to present
Chair: Success By Six Leadership Council, United Way Capital Area, 2010 – 2013
Chair: Health Law Section, Texas Bar Association, 2001- 2002
Health Law Exam Commission of the Texas Board of Legal Specialization
Appointed: Member of Texas Attorney General’s Task Force on HIPAA Preemption
Listed: Chambers USA: America’s Leading Lawyers for Business in healthcare law, 2005-2007; The Best Lawyers in America in healthcare law, 2003-2007; “Texas Super Lawyers” in healthcare law, Texas Monthly, 2003-2015
Vice Chair: Credentialing and Peer Review Committee, American Health Lawyers Association, 1995 - 2003
Editor: The AIDS Epidemic and Local Government Liability, (American Bar Association 1993); Author: “The National Practitioner Data Bank: Has it Accomplished its Objectives?” Health Lawyers News, February 2002 (American Health Lawyers Association)
Editor: Vinson & Elkins Healthcare Legal Update
Planning Committee Member and Speaker: University of Texas Annual Health Law Conference (23 years)
Speaker: numerous professional development programs and seminars
Board of Directors: University of Houston Law School Alumni, 1999 – 2003.
March of Dimes, Gulf Coast Chapter
United Way Capital Area, Women’s Giving Network, 2004 – 2019
Texas Bar Foundation, Life Member since 2015
Education and Professional Background
Beatty Bangle Strama PC, 2008 – Present
The University of Texas System Office of General Counsel 2007 -2008
Vinson & Elkins LLP, 1984 – 2006; Partner 1992 – 2006
Georgetown University School of Foreign Service, B.A. in government, history, and economics, 1962
University of Houston Law Center, J.D. cum laude, 1984 (Order of the Coif)
Admitted to practice: Texas, 1985
