Health Care

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

Physician supervision for acts delegated to certified registered nurse anesthetist

Pursuant to subsection 38.001(f) of the Education Code, the Legislature provided that a student who has not received the immunizations required by law “for reasons of conscience, including because of the person’s religious beliefs, may be excluded from school in times of emergency or epidemic declared by the commissioner of public health.” Read in context, a court likely would conclude that this exception does not permit exclusion of students who lack vaccinations unrelated to an existing "epidemic" contemplated by subsection 38.001(f).

Depending on the particular facts at issue, a court could find exclusion from school for refusal to obtain a vaccine unrelated to the existing epidemic to be arbitrary and unreasonable and overturn the exclusion for this purpose.

Further, to the extent a school was to exclude a student who had declined required immunizations unrelated to an existing epidemic due to a sincere religious belief, a court could find this to be a substantial burden on the student’s religious freedom and potentially a violation of the U.S. and Texas constitutions. Accordingly, subsection 110.003(a) of the Civil Practice and Remedies Code requires that only the least restrictive means of furthering a compelling government interest may be utilized in placing such a substantial burden.  If less restrictive means exist to accomplish that objective, a court could find that a specific student’s exclusion in such circumstances from school under Education Code subsection 38.001(f) violates the Texas Religious Freedom Restoration Act.

Application of Business and Commerce Code subsection 20.05(a)(5) to a self-funded plan with a reference-based-pricing program that does not utilize a provider network

Legality of a school district’s vaccine policy

Reconsidering and overruling Opinion JM-671 and concluding that a court would likely determine that Government Code subsection 572.058(a) includes contract formation and abrogates rule in Meyers v. Walker. Considering application of section 2261.252 to the Texas Opioid Abatement Fund Council.