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Health Care

Summaries

KP-0059
Ken Paxton

County indigent health care, commissioners court authority to adopt eligibility requirements

KP-0103
Ken Paxton

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.|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.|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 enforceable

KP-0168
Ken Paxton

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 overdose

KP-0179
Ken Paxton

Article VI entails preemption of state law by express provision, implication, or conflict between federal and state law|Federal preemption of certain Texas Department of Insurance bulletins regarding health reimbursement arrangements|Federal preemption of certain Department bulletins regarding health reimbursement arrangements

KP-0230
Ken Paxton

Commissioners Court's use of Tax Code chapter 324 revenue to fund county health services

GA-0019
Greg Abbott

Information considered to be confidential by statutory law, information in possession of Interagency Council on Pharmaceuticals Bulk Purchasing is excepted from disclosure under Public Information Act as|Interagency Council on Pharmaceuticals Bulk Purchasing is a governmental body that has supervision or control over public business and is thus subject to Open Meetings Act|Executive session, Interagency Council on Pharmaceuticals Bulk Purchasing is not authorized to meet in executive session to discuss drug pricing made confidential by statute|Specific pharmaceutical, neither Texas Department of Health nor Council may disclose information that identifies a specific manufacturer or wholesaler or prices charged by a specific manufacturer or wholesaler for a|Specific pharmaceutical, neither Department 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 wholesaler for a|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 wholesal

GA-0023
Greg Abbott

Trauma facility|Registration fees constitutionally may not be used to fund trauma facilities|Trauma facilities, motor-vehicle-registration fees may not constitutionally be used to fund|Motor-vehicle-registration fees may not be used to fund trauma facilities

GA-0047
Greg Abbott

Mental health parity, applicability of Insurance Code provisions requiring municipal risk pool|Pregnancy as preexisting condition, applicability of Insurance Code provisions requiring to municipal risk pool|Immunizations required for children through age six, municipality may not charge deductible of covered children even if received from non-network provider|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 immunizations|Immunizations, municipal risk pool may not charge deductible for those required for children through age six even if received from non-network provider|Municipal risk pool, Department's jurisdiction over with respect to mental health parity requirements, use of pregnancy as preexisting condition, and charging deductible for covered child's required immunizations|Risk pool, applicability of Insurance Code provisions requiring mental health parity, prohibiting treating pregnancy as a preexisting condition, and prohibiting charging deductible for covered child's required immunizations|Deductible

GA-0076
Greg Abbott

Medical expenses and travel costs related to student's injury at school or while involved in a school activity, school district's authority to pay|School district's authority to provide for health and safety of students

GA-0083
Greg Abbott

Data sets containing individually identifiable health information, the Texas Health Care Information Council is not authorized to provide the Texas Department of Health with|Data sets containing individually identifiable health information, the Texas Health Care Information Council is not authorized to provide the Department with|Data sets containing individually identifiable health information, the Council is not authorized to provide the Texas Department of Health with

GA-0198
Greg Abbott

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 obtain|Indigent health care, a hospital district or the private entity that contracts with a district to provide may not require an uninsured applicant to obtain insurance as a prerequisite to receiving the care|Indigent health care, a hospital district or the private entity that contracts with a district to provide may not require an uninsured applicant to obtain insurance as a prerequisite to receiving the care because to do so would be stricter than the Depart

GA-0219
Greg Abbott

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 law|Nonemergency public health care services, section 285.201 permits, but does not require, hospital districts to provide to undocumented persons otherwise ineligible for those benefits under federal law|Eligibility

GA-0327
Greg Abbott

Legislative authorization for provision of employee benefits, chapter 157 of the Local Government Code is, and is not another insurance law of this state|Self-funded benefit plans, by express terms, section 1201.062 of the Texas Insurance Code applies to|Self-funded plan that is not a health benefit plan, provisions of Texas Insurance Code that apply to health benefit plans do not apply to|Health benefit plan, pursuant to chapter 1501 of the Texas Insurance Code a self-funded plan of a political subdivision does not constitute a|Business of insurance, benefit plan established by political subdivision is not engaged in|Self-funded benefit plan is not insurance because it does not involve shifting of risk or loss

GA-0353
Greg Abbott

Operating funds for indigent medical care services, county must transfer to newly created hospital district|Where newly created hospital district does not comprise the entire county and where the statute does not provide formula by which to apportion operating funds for indigent medical care services between county and newly created hospital district, determination of method of allocation lies with the discretion of the commissioners court, subject to judicial review|Discretion

GA-0384
Greg Abbott

Federal Food, Drug, and Cosmetic Act preempts provisions of Texas law that permit importation of prescription drugs from Canada

GA-0420
Greg Abbott

Exemptions from immunizations required by the Department of State Health Services, private schools are not required to, but may accept|Exemptions from immunizations required by the Department, private schools are not required to, but may accept

GA-0472
Greg Abbott

Hospital district, ambulance service, whether required to provide|Hospital district, physician contract|Ambulance service, whether required to provide|Physician contract|Hospital district, physician services contract|Closed meeting, attorney exception|Closed meeting, economic development exception|Employ licensed professional engineer as county road engineer, county commissioners court has discretion under section 252.304 of Transportation Code to determine in the first instance whether it is unable in fact to

GA-0650
Greg Abbott

Lower Neches Valley Authority, directors of are not entitled to participate in Authority’s health care plan\r\n|Health care plan, directors of Lower Neches Valley Authority are not entitled to participate in Authority’s

GA-0652
Greg Abbott

Unconstitutional debt, indigent health care services invoices in excess of amount budgeted for that purpose\r\n|Ratification and payment of unconstitutional debt, indigent health care services invoices in excess of amount budgeted for that purpose\r\n|Indigent health care services invoices in excess of amount budgeted for that purpose\r\n|Indigent health care services invoices in excess of amount budgeted for that purpose, whether unconstitutional debt

GA-0684
Greg Abbott

Airline Deregulation Act of 1978, preemption of regulation of air ambulance subscription program for air ambulances providing interstate transportation|Air ambulances, preemption of state statute and regulations on price by Airline Deregulation Act of 1978 for air ambulances providing interstate transportation|Subscription program

GA-0779
Greg Abbott

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 to|Authority to sell or lease certain real property and to 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

GA-0802
Greg Abbott

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 Code|Orally by telephone

GA-0803
Greg Abbott

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\r\n\r\nIn 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 abortion|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

GA-0828
Greg Abbott

A prescription drug, medicine, or other remedy at a fee-rate that is negotiated by contract, a workers’ compensation insurance carrier may pay for|A prescription drug, medicine, or other remedy at negotiated fee rates, a workers’ compensation health care network may contract to pay for|A prescription drug, medicine, or other remedy at a fee-rate that is negotiated by contract, a workers’ compensation insurance carriers may pay for

GA-0844
Greg Abbott

Federal law does not preempt Human Resources Code section 32.0248(h), which, provides that the Health and Human Services Commission may not contract with entities that are affiliates of entities that perform or promote elective abortions|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 abortions|Medicaid women’s health care demonstration project, constitutionality of ban on Commission contracting with an entity that has an affiliate that promotes or performs abortions

GA-0854
Greg Abbott

On-site healthcare clinic in addition to offering state-mandated coverage, school district may operate without violating section 22.004(i) of the Education Code|On-site healthcare clinic in addition to state-mandated coverage, school district may operate without violating section 22.004(i) of the Education Code

GA-0855
Greg Abbott

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 detainee

GA-0909
Greg Abbott

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 person

GA-0983
Greg Abbott

Medicaid, Health and Human Services Commission rule for payment of Medicare deductibles and coinsurance for services provided to persons eligible for both Medicare and Medicaid

GA-1089
Greg Abbott

Funding and provision of health care services covered by Medicaid; 2 models, the traditional model and the managed care model|The Health and Human Services Commission is responsible for administering the state\\'s Medicaid Program, which is a federal-state program providing health-care services for low-income individuals|Reimbursement for behavioral health services under Texas Medicaid Reimbursement Methodology|The Texas Health and Human Services Commission does not operate under the Insurance Code. It is the state agency that administers the state\\'s Medicaid program for individuals who cannot afford insurance.

DM-0037
Dan Morales

Dental clinic, whether hospital district may close and financial responsibility for indigent dental care after closing

DM-0205
Dan Morales

Home health agency license application, requirements for business entities|Home health agency license application, additional requirements for business entities apply to for-profit as well as nonprofit corporations

DM-0225
Dan Morales

Jail inmates not residents of county of incarceration, hospital district or public hospital service area (or county) of residence responsible for health care|Jail inmates who are indigent residents of county of incarceration, health care is responsibility of hospital district of county of incarceration

DM-0263
Dan Morales

Validity of enrolled bill will not be impeached when legislation challenged under article III, section 30 of Texas Constitution|EMS personnel recertification, authority of Department of Health to require examination for|Legislation challenged under article III, section 30, validity of enrolled bill will not be impeached|EMS personnel recertification, authority to require examination for|Legislation challenged under article III, section 30 of Texas Constitution, validity of enrolled bill will not be impeached

DM-0369
Dan Morales

Separate licensing of hospital facility at separate location|Hospital facility at separate location, whether must be separately licensed|Separate licensing of hospital facility at separate location, Department's rule-making authority regarding|Premises

DM-0379
Dan Morales

Medicaid contracts, whether health care providers must submit statements regarding child support|Child support, whether state Medicaid providers must submit statements regarding|Medicaid contracts, whether health care providers must submit statements regarding child support delinquency|State Medicaid contracts, whether health care providers must submit statements regarding child support|Child support delinquency, whether state Medicaid providers must submit statements regarding

DM-0380
Dan Morales

Inmate of county jail, responsibility of hospital district to provide health care for|Inmate of county jail, allocation of responsibility to provide health care for|Health care for indigent inmate, responsibility to provide|Health care, allocation of responsibility to provide for indigent inmate of county jail|Indigent inmates, duty to provide health care for

DM-0409
Dan Morales

Volunteer|Employee|Indemnification by state, individual who is not an employee of regional poison control center is not entitled to by statute|Indemnification, state employee who performs some work for regional poison control centers is not entitled to as employee of poison control center|Poison control center, state not required to indemnify individual who is not an employee of

DM-0413
Dan Morales

Inmate's medical expenses, county, not hospital district, liable for when inmate not indigent|Health care, responsibility for cost when inmate not indigent|Inmate's medical expenses, county liable for when inmate not indigent

DM-0415
Dan Morales

Acupuncture, chiropractor may not practice without appropriate license (Superseded by statute as noted in Tex. Att'y Gen. Op. No. DM-471 (1998))|Acupuncture, chiropractor may not practice without appropriate license (Superseded by statute as noted in Tex. Att'y Gen. Op. No. DM-471 (1998))|Incisive|Surgical

DM-0416
Dan Morales

Cocaine eye drops, Board may adopt rule authorizing therapeutic optometrist to administer in certain circumstances|Cocaine eye drops, Optometry Board may adopt rule authorizing therapeutic optometrist to administer in certain circumstances

JC-0021
John Cornyn

Warrantless administrative searches, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent to|Warrantless administrative searches by Department, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent to

JC-0136
John Cornyn

Ambulance service, exemption from competitive bidding requirement by commissioners court after it has requested and rejected bids|Ambulance service contract, exemption from competitive bidding requirement by order of commissioners court after it has requested and rejected bids|Rescind or modify orders and decisions, authority of commissioners court to|Exemption of ambulance service contract from competitive bidding requirement by order of commissioners court after it has requested and rejected bids

JC-0178
John Cornyn

Rider to appropriation for Department of Health that changes trauma care allocation formula is invalid as attempt to amend general law|Department of Health rider that changes trauma care allocation formula is invalid as attempt to amend general law

JC-0186
John Cornyn

Pharmacy license, automatic prescription drug dispensing machine located at nursing home must be licensed as a pharmacy and under onsite supervision of pharmacist|Automatic prescription drug dispensing machine located at nursing home must be licensed as a pharmacy and under onsite supervision of pharmacist|Nursing home, automatic prescription drug dispensing machine located at must be licensed as a pharmacy and under onsite supervision of pharmacist

JC-0201
John Cornyn

HIV testing for professional boxers, Department may not by rule require|HIV testing for professional boxers, Department of Licensing and Regulation may not by rule require

JC-0220
John Cornyn

Hospital district, closure of district hospital does not relieve hospital district of its liability to provide hospital and medical care|Lease, hospital authorized to lease hospital facilities to private entity for operation of clinic to provide medical care to the district's needy inhabitants|Maintenance and operation tax, hospital district may continue to levy and use proceeds to pay expenses for indigent hospital and medical care after closing hospital|Indigent hospital and medical care, closure of district hospital does not relieve hospital district of its liability to provide|Dissolution election, special law hospital district not authorized to hold|Closure, hospital district authorized to close hospital|Maintenance and operation expenses|Hospital district may levy and use proceeds of maintenance and operation tax to pay expenses for indigent hospital and medical care

JC-0341
John Cornyn

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 Pharma|Generic drug substitution, Board 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 Pharmacy Act to establis

JC-0394
John Cornyn

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 District|Welfare Reform Act provides that undocumented aliens are ineligible for state or local public benefits|Aliens, federal laws on admission, naturalization, and residence of aliens preempt inconsistent state law

JC-0412
John Cornyn

Prescription drugs, sample and nonsample, that are no longer needed by nursing home residents, federal law does not entirely prohibit collection of and shipment to foreign countries|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 law|Food and Drug Administration has authority to adopt regulations to enforce certain federal drug laws|Prescription drugs, sample and nonsample, that are no longer needed by nursing home residents, Board must adopt rules providing for collection and shipment to foreign countries; rules must comport with applicable federal and state law

JC-0420
John Cornyn

First Responder|Medical care|Emergency medical services or First Responder services within the boundaries of a hospital district, municipality may expend tax funds to provide through its fire department|Emergency medical services and First Responder services are not medical care within hospital district's exclusive province|Emergency medical services or First Responder services, article IX, section 9 of Texas Constitution does not exclusively authorize a hospital district to provide

JC-0469
John Cornyn

Health Care Information Council's public-use and provider-quality data, release of is not subject to fee provisions in chapter 552 of the Government Code|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 data|Public-use and provider-quality data, release of is not subject to fee provisions in chapter 552 of the Government Code|Fee for release of information under chapter 552 of the Government Code does not apply to Health Care Information Council's public-use or provider-quality data

JC-0545
John Cornyn

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 us|Requests for public use data, 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 us|Release of analysis of public use data to legislator, provider must be provided with an opportunity to review and comment before

JC-0570
John Cornyn

Rural Foundation not authorized to fund programs other than rural health programs

JM-1167
Jim Mattox

Referral program in which enrollees receive the services of single health-care service providers at a discount in exchange for a fee, Board may not regulate as a health-maintenance organization|Single health-care service plan|Health-maintenance organization, referral program in which enrollees receive services of single health-care service providers at a discount in exchange for fee is not

JM-1270
Jim Mattox

Chemical dependency benefits, duty to provide under certain group health insurance contracts|Chemical dependency benefits, provision of under certain group health insurance contracts

KP-0266
Ken Paxton

The practice of medicine includes the provision of anesthesia by a licensed physician.  However, pursuant to subsection 301.002(2)(G) of the Occupations Code, when a certified registered nurse anesthetist administers anesthesia pursuant to a physician’s delegation, such act falls within the scope of professional nursing.

The Legislature authorized the Texas Medical Board to take disciplinary action against a physician who delegates professional medical acts to a person whom the physician knows or should know is unqualified to perform the acts.  Thus, the Board possesses regulatory authority over a physician’s decision to delegate the providing and administration of anesthesia to a certified registered nurse anesthetist.

A certified registered nurse anesthetist does not possess independent authority to administer anesthesia without delegation by a physician.