Texas Attorney General Opinion: JM-746 Page: 1 of 5
5 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
TnE ATTORNEY GENERAL
OF TEXAS
July 14, 1987
ATTWOUMWY RURALL
Honorable Chet Brooks Opinion No. JM-746
Chairman
Committee on Health and Re: Obstetrical and post-natal
human Services services under the Indigent Health
Texas State Senate Care Act
P. 0. Box 12068
Austin, Texas 78711
Dear Senator Brooks:
You ask several questions about the Indigent Health Care Act
[hereinafter the act], article 4438f, V.T.C.S. See art. 4438f,
11.02(10) (defining "public hospital"); see also Attorney General
Opinion JM-626 (1987). Your first question is whether a public
hospital is required to provide obstetrical and post-natal services to
eligible persons.
Public hospitals must provide, to eligible residents, the
inpatient and outpatient services that a county is required to provide
to indigents under section 3.01(a)(1) of the act. See also art.
4438f, 511.03(a) (a public hospital may provide required services
through other health-care providers); art. 4438f, 112.01 (a public
hospital is liable for required services provided by other entities).
Section 3.01.(a)(1) requires that counties provide "inpatient and
outpatient hospital services as limited by this title." It does not
list specific services. Rather, the Department of Health is required
to define the required services. V.T.C.S. art. 4438f, 51.06(a). To
fulfill that obligation, the department has promulgated rules
governing required inpatient and outpatient hospital services. 40
T.A.C. 114.201(1), (2) (1986). Those rules are general, and do not
list specific types of required medical care. The rules do provide,
however, that "medically necessary" services are required. 40 T.A.C.
514.201(1). Medically necessary services for an eligible pregnant
woman would unquestionably include some obstetrical and post-natal
1. A county subject to the act must provide not only inpatient
and outpatient hospital services but also other services including
physician services. Art, 4438f, 53.01.p. 3467
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-746, text, July 14, 1987; (https://texashistory.unt.edu/ark:/67531/metapth273184/m1/1/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.