Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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A person may not, under section 573.021 of the Health and Safety Code, be taken to the Austin State Hospital, or similar treatment facility, by private conveyance arranged for by the mental health facility that conducted the preliminary examination of the personGA-0909
A prescription drug, medicine, or other remedy at a fee-rate that is negotiated by contract, a workers’ compensation insurance carrier may pay forGA-0828
A prescription drug, medicine, or other remedy at negotiated fee rates, a workers’ compensation health care network may contract to pay forGA-0828
Abortion facility may not use either a prerecorded telephone message or a one-way conference call to furnish the information required to be provided to a patient by section 171.012, Health and Safety CodeGA-0802
Abortion facility that must be licensed under chapter 245, a facility performing a medical abortion within the scope of subsection 245.002(1) is an In the presence of a physician, Texas statutes do not require a patient to ingest drugs provided to the patient with the intent to induce an abortionGA-0803
Acupuncture, chiropractor may not practice without appropriate license (Superseded by statute as noted in Tex. Att'y Gen. Op. No. DM-471 (1998))DM-0415
Air ambulances, preemption of state statute and regulations on price by Airline Deregulation Act of 1978 for air ambulances providing interstate transportationGA-0684
Ambulance service, exemption from competitive bidding requirement by commissioners court after it has requested and rejected bidsJC-0136
Barring of employment to persons convicted of certain offenses in certain facilities serving the elderly or disabled is validJM-1237
Chemical dependency benefits, provision of under certain group health insurance contractsJM-1270
Data sets containing individually identifiable health information, the Texas Health Care Information Council is not authorized to provide the Texas Department of Health withGA-0083
Data, Health Care Information Council's release of is not subject to fee provisions in chapter 552 of the Government Code if it is public-use or provider-quality dataJC-0469
Emergency medical services or First Responder services within the boundaries of a hospital district, municipality may expend tax funds to provide through its fire departmentJC-0420
Emergency medical treatment of a local jail detainee, Texas Health and Safety Code section 773.008(2) does not, independent of any other statutory authority or procedure, authorize a court to order emergency medical treatment of a local jail detaineeGA-0855
EMS personnel recertification, authority of Department of Health to require examination forDM-0263
Exemptions from immunizations required by the Department of State Health Services, private schools are not required to, but may acceptGA-0420
Federal preemption of certain Texas Department of Insurance bulletins regarding health reimbursement arrangementsKP-179
Funding and provision of health care services covered by Medicaid; 2 models, the traditional model and the managed care modelGA-1089
Funding and provision of health care services covered by Medicaid; 2 models, the traditional model and the managed care modelGA-1089
Health benefit plan, pursuant to chapter 1501 of the Texas Insurance Code a self-funded plan of a political subdivision does not constitute aGA-0327
Health care information council, whether person with an ownership in utilization review agent is eligible to serve onLO97-023
Health-maintenance organization, referral program in which enrollees receive services of single health-care service providers at a discount in exchange for fee is notJM-1167
HIV health services planning council or HIV care consortium, applicability of Open Meetings Act toLO95-036
HIV testing for professional boxers, Department of Licensing and Regulation may not by rule requireJC-0201
Home health agency license application, requirements for business entitiesDM-0205
Hospital district, ambulance service, whether required to provideGA-0472
Hospital district, physician contractGA-0472
Hospital facility at separate location, whether must be separately licensedDM-0369
Indigent health care services invoices in excess of amount budgeted for that purpose, whether unconstitutional debtGA-0652
Inmate's medical expenses, county, not hospital district, liable for when inmate not indigentDM-0413
Investment arrangement offering certain health care services, physician's authority to participate in and refer patients toLO95-041
Lower Neches Valley Authority, directors of are not entitled to participate in Authority’s health care plan GA-0650
Mandatory tuberculosis screening of employees, Department of Criminal Justice may adopt a policy ofLO98-047
Medicaid contracts, whether health care providers must submit statements regarding child support delinquencyDM-0379
Medicaid estate recoveries, necessity for enactment of legislation permitting if Texas is to continue participation in the federal medicaid programLO95-005
Medicaid estate recoveries, whether Health and Human Services Commission is statutorily authorized to pursueLO95-005
Medicaid women’s health care demonstration project, constitutionality of ban on Health and Human Services Commission contracting with an entity that has an affiliate that promotes or performs abortionsGA-0844
Medicaid, Health and Human Services Commission rule for payment of Medicare deductibles and coinsurance for services provided to persons eligible for both Medicare and MedicaidGA-0983
Municipal risk pool, applicability of statutes requiring mental health parity, prohibiting treating pregnancy as preexisting condition, and prohibiting risk pool from charging deductible for covered child's required immunizationsGA-0047
On-site healthcare clinic in addition to state-mandated coverage, school district may operate without violating section 22.004(i) of the Education CodeGA-0854
Personal-care institution, residential facility that provides health or personal-care services in cooperation with a licensed home-health agency may need to be licensed as aLO90-085
Poison control center, state not required to indemnify individual who is not an employee ofDM-0409
Private psychiatric hospital, authority to provide airfare to patientLO94-001
Rider to appropriation for Department of Health that changes trauma care allocation formula is invalid as attempt to amend general lawJC-0178
Rural Foundation not authorized to fund programs other than rural health programsJC-0570
School district's authority to provide for health and safety of studentsGA-0076
School trustees may not participate in statutory health care planLO90-071
Self-funded benefit plans, by express terms, section 1201.062 of the Texas Insurance Code applies toGA-0327
Self-funded plan that is not a health benefit plan, provisions of Texas Insurance Code that apply to health benefit plans do not apply toGA-0327
Special hospitals are not authorized to provide surgical and obstetrical careLO96-071
Texas Health Care Information Council required to notify a hospital if it receives any request for public use data that is specific to the hospital and must allow a hospital to submit written comments regarding any public use data or analysis of public usJC-0545
Texas Medical Association's Committee on Maternal and Child Health records and proceedings, whether confidential and exempt from discovery even under court subpoenaLO93-074
Trauma facilities, motor-vehicle-registration fees may not constitutionally be used to fundGA-0023
Undocumented aliens, pursuant to federal law undocumented aliens are ineligible for state or local public benefits, including non-emergency health care provided by Harris County Hospital DistrictJC-0394
Undocumented persons, section 285.201 of the Health and Safety Code permits, but not require, a hospital district to provide nonemergency public health services to undocumented persons who are otherwise ineligible for those benefits under federal lawGA-0219
Use the resulting proceeds to provide community-based health, mental health, or mental retardation services, Spindletop Mental Health and Mental Retardation Services does not, under House Bill 1759 or House Bill 1023, have authority to sell or lease certain real property and toGA-0779
County indigent health care, commissioners court authority to adopt eligibility requirementsKP-059
Dental clinic, whether hospital district may close and financial responsibility for indigent dental care after closingDM-0037
Dissolution of hospital district, point at which county bears duty to provide indigent health careLO95-007
Hospital district, closure of district hospital does not relieve hospital district of its liability to provide hospital and medical careJC-0220
Inmate of county jail, allocation of responsibility to provide health care forDM-0380
Insurance, a hospital district or the private entity that contracts with a district to provide indigent health care may not require an uninsured applicant, as a prerequisite to receiving the care, to obtainGA-0198
Jail inmates not residents of county of incarceration, hospital district or public hospital service area (or county) of residence responsible for health careDM-0225
Jail inmates who are indigent residents of county of incarceration, health care is responsibility of hospital district of county of incarcerationDM-0225
Operating funds for indigent medical care services, county must transfer to newly created hospital districtGA-0353
Used eyeglasses for donation to indigents, nonprofit organization may inspect, clean, and repairLO94-081
Article 21.52B, Texas Insurance Code ("Any Willing Pharmacy " statute), a court addressing the issue today would likely conclude that, is saved from preemption under the federal Employee Retirement Income Security Act of 1974 ("ERISA"), pursuant to the test set forth by the U.S. Supreme Court in Kentucky Ass'n Of Health Plans, Inc. v. Miller.KP-103
Article 21.52B, Texas Insurance Code ("Any Willing Pharmacy" statute), until a court affirmatively concludes that, is saved from preemption, we cannot conclude as a matter of law that the statute is enforceableKP-103
Automatic prescription drug dispensing machine located at nursing home must be licensed as a pharmacy and under onsite supervision of pharmacistJC-0186
Cocaine eye drops, Optometry Board may adopt rule authorizing therapeutic optometrist to administer in certain circumstancesDM-0416
Federal Food, Drug, and Cosmetic Act preempts provisions of Texas law that permit importation of prescription drugs from CanadaGA-0384
Generic drug substitution, State Board of Pharmacy rule specifying that no drugs shall be included on a list of narrow therapeutic index drugs to which special refill rules should apply is consistent with legislature's mandate to Board in the Texas PharmaJC-0341
Prescription drugs, sample and nonsample, that are no longer needed by nursing home residents, Board of Health must adopt rules providing for collection and shipment to foreign countries; rules must comport with applicable federal and state lawJC-0412
Psychoactive medication, duty of county or district attorney to represent state-employed physician who petitions court for authority to administerLO94-073
Section 483.102 of the Health and Safety Code - a prescriber may directly or by standing order prescribe an opioid antagonist to law enforcement agencies in a position to assist persons experiencing an opioid-related drug overdoseKP-168
Specific pharmaceutical, neither Texas Department of Health nor Interagency Council on Pharmaceuticals Bulk Purchasing may disclose information that identifies a specific manufacturer or wholesaler or prices charged by a specific manufacturer or wholesalGA-0019
Texas Pharmacy Ass'n v. Prudential Insurance Co. of America, the current Fifth Circuit Court of Appeals decision in, holding that article 21.52B, Texas Insurance Code ("Any Willing Pharmacy" statute) is preempted under the federal Employee Retirement Income Security Act of 1974 ("ERISA"), still stands.KP-103
Warrantless administrative searches, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent toJC-0021