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
Abortion facilities, validity of Department of Health rules adopted under the Health and Safety Code chapter 245, the Texas Abortion Facility Reporting and Licensing Act, that exclude from regulation abortion facilities exempt from licensing under the ActGA-0212
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
Abortion facility, Department of Health may not release information about doctors or nurses to licensing board for disciplinary purposes and may not inform person as to whether an office, clinic or facility is or is not licensed asDM-0153
Ad valorem taxation, patient housing center affiliated with M.D. Anderson Cancer Center is not "private residential housing" and may therefore be exempt fromDM-0272
Application fee under section 118.055 of Local Government Code, Titus Regional Medical Center which is operated by hospital district is exempt from paying in mental health mattersGA-0757
Applications for renewal of medical staff membership or privileges for doctors, podiatrists and dentists, a hospital district board, as the governing body of a hospital, may not delegate its duty to take final action onGA-0102
Assisted living facilities are not authorized to use facility staff to provide nursing services beyond personal care services and the administration of medication to residents that have a terminal condition or an acute illness of short durationGA-0742
Assisted living facility, an establishment that furnishes food and shelter to four or more persons who are unrelated to the proprietor and that requires those persons to obtain personal care services through a particular licensed home health agency must be licensed asGA-0403
Assisted living facility, proprietor may not, by requiring residents to use a particular personal care services provider, abridge residents' rights to choose such providersGA-0403
Bonds issued by industrial development corporations, hospitals may not be financed byDM-0080
Building to house emergency medical services vehicle, hospital districtís authority to contribute funds to city for aGA-0721
Charitable organization created under Health and Safety Code section 281.0565 as a "political corporation or subdivision" under Texas Constitution article III, section 52(a)GA-1071
Clinic in adjacent county, a county operating a hospital under Health and Safety Code chapter 263 may acquire if commissioners court determines the acquisition is necessary for hospital purposesGA-0552
Confidential identifying information about patients, hospitals may disclose to Texas Health Care Information Council without patient's written authorizationJC-0508
County hospital district board of managers' action to lease hospital facility, commissioners court has no authority regardingLO97-017
Credentialing of its allied health professionals such as advance practice nurses, physicians assistants, and perfusionists or autotransfusionists, hospital district board may delegate theGA-0102
Hospital district board actions, whether approval of commissioners court is requiredLO96-092
Hospital district that has not adopted a rate or levied a tax in the prior year, Tax Code does not provide a special method for a tax rate to be adopted by such a districtGA-0798
Hospital district, authority to construct building to lease to private physicians, authority to lease undeveloped real propertyLO97-068
Housing expenses of visiting Army medical personnel working for hospital district on temporary basis, authority of county hospital district to payLO98-024
Immunity from liability, section 161.001(a) does not provide, for persons who administer vaccines or immunizing agents in a hospital setting to individuals covered by the federal Medicare programGA-0271
Lease, Chambers County Hospital District may enter into to operate part of hospital facility as drug treatment centerDM-0131
Long-term health care facility, East Coke County Hospital District has authority to operate and levy taxes to maintain and operateGA-0467
Medical peer review committee, when governing body of hospital district acts asJC-0108
Medicare, federal and state anti-kickback statutes do not apply to a hospital authority contract that conforms with criteria set forth in federal regulationDM-0138
Mortgage insurance on new or rehabilitated hospital or long-term care facility, Texas Department of Health may conduct or commission study necessary for Secretary of Housing and Urban Development to issueLO97-035
Nursing facility that provides rehabilitation services under Medicaid, whether hospital licensing laws applyLO97-088
Nursing facility, applicant for license to operate may be required to disclose prior involvement in operation of nursing facilitiesDM-0201
Nursing home, automatic prescription drug dispensing machine located at must be licensed as a pharmacy and under onsite supervision of pharmacistJC-0186
Personal-care facility, Board of Human Services may not adopt rule that permits it to offer services beyond those listed in Personal Care Facility Licensing ActJC-0072
Private imaging business, hospital district's authority to house and manageGA-0542
Private imaging business, hospital district's authority to house and manageGA-0546
Private psychiatric facilities and psychiatric care provided by general hospital, inspection and standard setting authority of Texas Department of Mental Health and Mental Retardation and Texas Department of Health overDM-0085
Private psychiatric hospitals offering chemical dependency treatment and licensed by Department of Health, exemption from licensing by Commission on Alcohol and Drug AbuseLO94-032
Sale and lease back of hospital facility, Hospital Districtís authority toGA-0945
Separate licensing of hospital facility at separate locationDM-0369
Special hospitals are not authorized to provide surgical and obstetrical careLO96-071
Subsection 11.13(l)(2)(B), Tax Code - A court would likely construe to refer to an owner's temporary residence in an establishment set up to assist persons with overcoming illness or injury, or with needs related to physical or mental weakness or growing old, through a wide range of activities, regardless of whether the owner receives such servicesKP-147
Terms of office of hospital district directors, determining when two directors receive the same number of votesKP-002
The Tarrant County Hospital District is authorized by subsection 285.091(a) of the Health and Safety Code to structure the managerial and oversight authority of a physician group as it deems necessary to carry out the functions of or provide services to the District.KP-029
The Tarrant County Hospital District is authorized to create and fund a physician group under subsection 281.0565(b) of the Health and Safety Code if it reasonably determines in good faith that the expenditure will serve a public purpose and it put sufficient controls in place to ensure that the public purpose is carried out and that the District receives a return benefit.KP-029
Transfer of licensing authority, from Department of Mental Health and Mental Retardation to Department of Health, over private psychiatric hospitals offering chemical dependency treatmentLO94-032
Voluntary criminal conviction checks by licensees of Department of Human Services and Department of Health of employees licensed under other law, employer required to terminate employee if check reveals convictions for certain types of offensesDM-0238
Financial Matters
Assets of municipal health authority may be disposed of upon dissolution only for a public purposeLO95-008
Bills and accounts of the county hospital, county auditor must examine and approve before the commissioners court may order paymentGA-0618
Construction of international cultural center at state university, Lubbock County Hospital District has no authority to use its funds forLO93-034
County auditor has reasonable discretion to refuse to approve a payment of county funds for hospital bill on the grounds that payment is prohibited by law GA-0618
Exclusive health provider contract, whether it violates state antitrust lawsJC-0447
Fees for providing medical records in a workers' compensation proceeding, section 408.025(d) of the Labor Code governs the fees a hospital may charge to provide certain records rather than section 241.154(b) of the Health and Safety CodeGA-0399
Fees for retrieval and copying of health care information, whether hospital districts may charge statutory fees in excess of charges established by General Services Commission under Open Records ActLO96-001
Hospital district board, authority to enter contracts without approval by commissioners courtLO96-092
Hospital district funds transfer to city upon dissolution of hospital districtJC-0268
Municipal hospital authority, permissibility of lease of real property to a private entity to operate a bank, restaurant, or drugstoreLO96-057
Nonindigent medical care, hospital district contract payments to private hospital organization forJC-0434
Private psychiatric hospital, authority to provide airfare to patientLO94-001
Records relating to treatment of conditions or injuries for which workers' compensation benefits are not being sought, a hospital licensed under chapter 241 of the Health and Safety Code may charge retrieval and copying fees forGA-0399
Tax exemption, tests for determining exempt status of building owned by municipal hospital authority but leased in part to private long-term health care companyJC-0571
Taxes levied for hospital district must be used for hospital purposes and may not be used to fund medical examiner's officeLO97-004
Indigent Care
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
Indigent district residents incarcerated in county jail, Karnes County Hospital District Board of Directors has authority to determine health care services to be provided toLO93-100
Inmate of county jail, responsibility of hospital district to provide health care forDM-0380