Texas Register, Volume 37, Number 18, Pages 3247-3480, May 04, 2012 Page: 3,333
This periodical is part of the collection entitled: Texas Register and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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SUBCHAPTER B. VIOLATION GUIDELINES
22 TAC 190.8
The Texas Medical Board (Board) proposes amendments to
190.8, concerning Violation Guidelines.
The amendment adds that the Board will take disciplinary action
if the physician is in violation of 170.002 or Chapter 171, Texas
Health and Safety Code.
Nancy Leshikar, General Counsel for the Board, has determined
that for each year of the first five years the section as proposed
is in effect the public benefit anticipated as a result of enforcing
this proposal will be to have rules consistent with statutory law.
Mrs. Leshikar has also determined that for the first five-year
period the section is in effect there will be no fiscal implication
to state or local government as a result of enforcing the section
as proposed. There will be no effect to individuals required to
comply with the rule as proposed. There will be no effect on
small or micro businesses.
Comments on the proposal may be submitted to Jennifer Kauf-
man, P.O. Box 2018, Austin, Texas 78768-2018, or e-mail com-
ments to: rules.development@tmb.state.tx.us. A public hearing
will be held at a later date.
The amendments are proposed under the authority of the Texas
Occupations Code Annotated, 153.001, which provides author-
ity for the Board to adopt rules and bylaws as necessary to: gov-
ern its own proceedings; perform its duties; regulate the practice
of medicine in this state; enforce this subtitle; and establish rules
related to licensure.
The amendments are also authorized by 170.002 and Chapter
171, Health and Safety Code.
No other statutes, articles or codes are affected by this proposal.
190.8. Violation Guidelines.
When substantiated by credible evidence, the following acts, practices,
and conduct are considered to be violations of the Act. The following
shall not be considered an exhaustive or exclusive listing.
(1) - (6) (No change.)
(7) Violations of the Health and Safety Code. In accor-
dance with 164.055 of the Act, the Board shall take appropriate dis-
ciplinary action against a physician who violates 170.002 or Chapter
171, Texas Health and Safety Code.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on April 23, 2012.
TRD-201202089
Mari Robinson, J.D.
Executive Director
Texas Medical Board
Earliest possible date of adoption: June 3, 2012
For further information, please call: (512) 305-7016
TITLE 25. HEALTH SERVICESPART 1.
HEALTHDEPARTMENT OF STATE
SERVICESCHAPTER 14. COUNTY INDIGENT HEALTH
CARE PROGRAM
The Executive Commissioner of the Health and Human Services
Commission, on behalf of the Department of State Health Ser-
vices (department), proposes amendments to 14.104, 14.105
and 14.201, concerning the County Indigent Health Care Pro-
gram.
BACKGROUND AND PURPOSE
The department provides technical assistance to counties, hos-
pital districts, and public hospitals that provide health care ser-
vices to eligible residents who are unable to access the same
care through other funding sources or programs in accordance
with the Indigent Health Care and Treatment Act, Health and
Safety Code, Chapter 61.
Government Code, 2001.039, requires that each state agency
review and consider for re-adoption each rule adopted by the
agency pursuant to Government Code, Chapter 2001 (Admin-
istrative Procedure Act). Sections 14.104, 14.105, and 14.201
have been reviewed, and the department has determined that
reasons for adopting the sections continue to exist because rules
on this subject are needed. The department, contemporane-
ously with this proposal, provides a rule review notice for all sec-
tions of Chapter 14 of this title in the same issue of the Texas
Register located in the "Agency Review of Rules Section."
The amendments to 14.104 and 14.105 are pursuant to the
Senate Bill 420, 82nd Legislature, Regular Session, 2011, which
amended Health and Safety Code, 61.008, requiring provision
that by rule a county may include in the income and resources of
an applicant for health care services the income and resources
of a person who executed an affidavit of support on behalf of
the applicant and the income and resources of the spouse of
a person who executed an affidavit of support on behalf of the
applicant, if applicable.
The amendment to 14.201, in accordance with Health and
Safety Code, 61.006(c), defines optional health care services
listed in Health and Safety Code, 61.0285, that counties may
provide if cost-effective. Health and Safety Code, 61.0285(a),
as amended by the 82nd Texas Legislature, 2011, authorizes
counties to provide physical and occupational therapy services
to eligible residents if determined to be cost-effective.
SECTION-BY-SECTION SUMMARY
Amendments to 14.104 add a new definition of "sponsored
alien"; authorize counties to include the income of a person who
executed an affidavit of support on behalf of the applicant for
health care services and the income of the person's spouse;
and require that if a county chooses to include the income of
a person who has executed an affidavit of support on behalf
of an applicant, the county must adopt written procedures
for processing the incomes of the sponsor and the sponsor's
spouse when determining the applicant's eligibility for health
care services.
Amendments to 14.105 authorize counties to include the re-
sources of a person who executed an affidavit of support on
behalf of the applicant for health care services and the income
of the person's spouse; require that if a county chooses to in-
clude the resources of a person who has executed an affidavit
of support on behalf of an applicant, the county must adopt writ-
ten procedures for processing the resources of the sponsor and
the sponsor's spouse when determining the applicant's eligibilityPROPOSED RULES May 4, 2012 37 TexReg 3333
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Texas. Secretary of State. Texas Register, Volume 37, Number 18, Pages 3247-3480, May 04, 2012, periodical, May 4, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243947/m1/86/?q=32+TexReg+3206: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.