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Hospitals And Health Care Facilities

Summaries

KP-0002
Ken Paxton

Terms of office of hospital district directors, determining when two directors receive the same number of votes

KP-0029
Ken Paxton

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.|Whether a physician group formed pursuant to subsection 281.0565(b) of the Health and Safety Code is a "governmental body" subject to the Public Information Act requires the resolution of certain fact issues and is thus beyond the purview of an attorney general opinion.|To the extent a physician group formed pursuant to subsection 281.0565(b) of the Health and Safety Code is not delegated any governmental authority, it is likely not a "governmental body" for purposes of the Open Meetings Act and thus is not subject to its provisions.|To the extent a physician group formed pursuant to subsection 281.0565(b) of the Health and Safety Code is not delegated any governmental authority, it is likely not a "governmental body" for purposes of the Open Meetings Act and thus is not subject to its provisions|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.|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-0059
Ken Paxton

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

KP-0147
Ken Paxton

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 services

KP-0237
Ken Paxton

Whether a particular expenditure satisfies Texas Supreme Court three-part test in Texas Municipal League is determination for commissioners court in the first instance subject to judicial review|County may not spend county tax revenue to contribute to operation of county hospital district|Whether providing law enforcement services, grounds maintenance, and library for independent school district primarily serves a county purpose

GA-0102
Greg Abbott

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 on|Credentialing, a hospital district board may delegate the credentialing of its allied health professionals such as advanced practice nurses, physicians assistants, and perfusionists or autotransfusionists|Credentialing, a hospital district board, as the governing body of a hospital, may not delegate its duty to take final action on applications for renewal of medical staff membership or privileges for doctors, podiatrists and dentists|Credentialing of its allied health professionals such as advance practice nurses, physicians assistants, and perfusionists or autotransfusionists, hospital district board may delegate the

GA-0212
Greg Abbott

Abortion facilities, validity of Department 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 Act|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 Act

GA-0271
Greg Abbott

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 program

GA-0399
Greg Abbott

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 Code|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 for

GA-0403
Greg Abbott

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 as|Assisted living facility, proprietor may not, by requiring residents to use a particular personal care services provider, abridge residents' rights to choose such providers|Agency interpretation of a statute is entitled to serious consideration if (1) the agency is charged with the statute's enforcement; (2) the interpretation is reasonable; and (3) the interpretation is not contrary to the statute's plain language|Provides|Right

GA-0467
Greg Abbott

Long-term health care facility, East Coke County Hospital District has authority to operate and levy taxes to maintain and operate|East Coke County Hospital District has authority to operate a long-term health care facility and to levy taxes to maintain and operate it

GA-0542
Greg Abbott

Abandoned motor vehicles seized by a county sheriff, statute governing disposition of \r\n|Abandoned vehicles seized by a county sheriff, statute governing disposition of \r\n|Private imaging business, hospital district's authority to house and manage

GA-0546
Greg Abbott

Private imaging business, authority to house and manage|Private imaging business, hospital district's authority to house and manage

GA-0552
Greg Abbott

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 purposes

GA-0618
Greg Abbott

Bills and accounts of the county hospital, county auditor must examine and approve before the commissioners court may order payment|Refuse to approve a payment of county funds on the grounds that payment is prohibited by law, county auditor has reasonable discretion to |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 |Redress to the courts, challenge of the county auditor's discretionary refusal to approve a claim is made through |County auditor has reasonable discretion to refuse to approve a payment of county funds on the grounds that payment is prohibited by law

GA-0721
Greg Abbott

Hospital district’s authority to contribute funds to city for a building to house emergency medical services vehicle|Building to house emergency medical services vehicle, hospital district’s authority to contribute funds to city for a|Hospital district’s authority to contribute funds to city for building to house emergency medical services vehicle

GA-0742
Greg Abbott

To the extent that agency rule expands services that an assisted living facility may provide to include nursing services that go beyond personal care services of the administration of medication, it is contrary to the statute and agency has exceeded its authority in promulgating it\r\n|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 duration|To the extent that agency rule expands services that an assisted living facility may provide to include nursing services that go beyond personal care services of the administration of medication, it is contrary to the statute and agency has exceeded its authority in promulgating it

GA-0757
Greg Abbott

Services of county clerk in mental health matters, Titus Regional Medical Center which is operated by the hospital district is exempt from paying application fee under section 118.055 of Local Government Code for|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 matters|Application fee under section 118.055 of Local Government Code for services of county clerk, Titus Regional Medical Center which is operated by hospital district is exempt from paying fee in mental health matters|Application fee under section 118.055 of Local Government Code for services of county clerk, Titus Regional Medical Center which is operated by hospital district is exempt from paying in mental health matters

GA-0798
Greg Abbott

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 district

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-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-0945
Greg Abbott

Sale and lease back of hospital facility, Hospital District’s authority to

GA-1071
Greg Abbott

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)|Any joint venture contemplated by a charitable organization created under Health and Safety Code section 281.0565 must strictly comply with Texas statutes

DM-0037
Dan Morales

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

DM-0080
Dan Morales

Bonds issued by industrial development corporations, hospitals may not be financed by

DM-0085
Dan Morales

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 over|Private psychiatric facilities and psychiatric care provided by general hospital, inspection and standard setting authority of

DM-0131
Dan Morales

Lease, Chambers County Hospital District may enter into to operate part of hospital facility as drug treatment center

DM-0138
Dan Morales

Medicare, federal and state anti-kickback statutes do not apply to a hospital authority contract that conforms with criteria set forth in federal regulation

DM-0153
Dan Morales

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 as|Abortion facility, Department 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 as

DM-0201
Dan Morales

Nursing facility, Board may adopt regulation requiring applicant for license to operate to disclose prior involvement in operation of nursing facilities and may also adopt regulation that will empower Department of Health to deny license based on the info|Nursing facility, Board of Health may adopt regulation requiring applicant for license to operate to disclose prior involvement in operation of nursing facilities and may also adopt regulation that will empower Department to deny license based on the info|Nursing facility, applicant for license to operate may be required to disclose prior involvement in operation of nursing facilities|Nursing facility, applicant for license to operate may be required to disclose prior involvement in operation of nursing facilities and may be refused license upon basis of that information|Regulation may not impose burdens, conditions, or restrictions in excess of or inconsistent with statute

DM-0238
Dan Morales

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 offenses

DM-0272
Dan Morales

Private residential housing, whether specific property provides depends upon the circumstances surrounding the resident involved and upon the present resident's intentions|Private residential housing|Ad valorem taxation, patient housing center affiliated with M.D. Anderson Cancer Center is not "private residential housing" and may therefore be exempt from

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-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

JC-0072
John Cornyn

Ultra vires, agency rule is to extent it authorizes personal-care facility to offer services beyond those authorized in statute|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 Act|Personal-care facility, Board may not adopt rule that permits it to offer services beyond those listed in Personal Care Facility Licensing Act|Nursing services|Personal care services

JC-0108
John Cornyn

Peer review committee, evaluation of by governing body of hospital district acting as|Medical peer review committee, when governing body of hospital district acts as|Exemption from Open Meetings Act for governing body of hospital district when acting as medical peer review committee|Medical peer review committee, exemption from open meetings act for governing body of hospital district acting as

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-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-0268
John Cornyn

Dissolution, transfer of hospital district funds to city upon|Dissolution, whether election required to approve|Hospital district funds transfer to city upon dissolution of hospital district

JC-0434
John Cornyn

Nonindigent medical care, hospital district contract payments to private hospital organization for|Actual costs|Nonindigent medical care, contract payments to private hospital organization for

JC-0447
John Cornyn

Exclusive health provider contract, whether it violates state antitrust laws|Exclusive health provider contract, whether it violates state antitrust laws and insurance code

JC-0508
John Cornyn

Confidential identifying information about patients, hospitals may disclose to Texas Health Care Information Council without patient's written authorization|Privacy of Individually Identifiable Health Information, Standards for under Federal Health Insurance Portability and Accountability Act of 1996|Confidential identifying information about patients; hospitals may disclose to Texas Health Care Information Council without patient's written authorization|Hospitals may disclose confidential identifying information about patients to council without patient's written authorization

JC-0571
John Cornyn

Tax exemption, tests for determining exempt status of building owned by municipal hospital authority but leased in part to private long-term health care company|Municipal hospital authority-owned building leased in part to private long-term health care company, tests for determining tax exemption

KP-0353
Ken Paxton

Physician supervision for acts delegated to certified registered nurse anesthetist

KP-0367
Ken Paxton

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

KP-0461
Ken Paxton

Section 1069.211, Special District Local Laws Code, authorizes the Nacogdoches County Hospital District to allocate for economic development up to one-fourth of one percent of its annual sales and use tax revenue.

KP-0466
Ken Paxton

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.